Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases

Transcription

1 Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases Friday, December 4, a.m. 11 a.m General CLE credits

2 YOUR LAW PRACTICE: SHOULD I TAKE IT? EVALUATING POTENTIAL PERSONAL INJURY CASES The materials and forms in this manual are published by the Oregon State Bar exclusively for the use of attorneys. Neither the Oregon State Bar nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each attorney must depend on his or her own knowledge of the law and expertise in the use or modification of these materials. Copyright 2015 OREGON STATE BAR SW Upper Boones Ferry Road P.O. Box Tigard, OR Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases ii

3 TABLE OF CONTENTS Schedule v Faculty v Presentation Slides Sample Intake Form Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases iii

4 Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases iv

5 SCHEDULE Presented by Richard Vangelisti, Vangelisti Law Firm LLC, Portland 8:30 Registration 9:00 Evaluating Personal Injury Cases F Criteria for evaluating a case F What questions should I ask the potential client? F What additional information do I need? 11:00 Adjourn (One 15-minute break will be taken during the seminar.) FACULTY Richard Vangelisti, Vangelisti Law Firm LLC, Portland. Mr. Vangelisti focuses his practice on plaintiff s personal injury and wrongful death matters in Oregon and Washington. He is a member and past chair of the Oregon Bench-Bar Joint Commission on Professionalism. He is a past president of the Multnomah Bar Association and the Federal Bar Association Oregon Chapter. He received the 2009 Judge James M. Burns Federal Practice Award. Mr. Vangelisti is a frequent lecturer and author on trial practice and professionalism. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases v

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7 Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases By Richard Vangelisti Oregon State Bar December 4, 2015 INTRODUCTION What you work on defines who you are as a lawyer. Case selection is time consuming, but it dramatically affects your success as a lawyer. Be mindful that case selection is an access to justice issue. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 1

8 CASE SELECTION CRITERIA Am I allowed to take the case under Oregon s Rules of Professional Conduct? CASE SELECTION CRITERIA Do I have the ability to work on the case in terms of knowledge, skill, time, money, etc.? Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 2

9 CASE SELECTION CRITERIA Is the case economically viable for the potential client and in turn me the lawyer? CASE SELECTION CRITERIA Would I like to work for this potential client? Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 3

10 CASE SELECTION CRITERIA What effect would this potential client and the matter have on my reputation and practice? INTAKE PROCESS Assure potential client that info disclosed will be kept in confidence. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 4

11 INTAKE PROCESS Pull the thread green, yellow, red flag system. INTAKE PROCESS First call or . Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 5

12 INTAKE PROCESS Intake form see materials. INTAKE PROCESS For a particular kind of case, use form/questions unique to that case. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 6

13 INTAKE PROCESS Meet with the potential client. INTAKE PROCESS Consult with staff. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 7

14 INTAKE PROCESS Investigating the matter. Ongoing evaluation of potential matter. INTAKE PROCESS Do a quick public records or social-media search. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 8

15 INTAKE PROCESS Preserving evidence, no-spoliaiton letters, instruction to client not to talk about matter. INTAKE PROCESS Written communication to the potential client re non-engagement. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 9

16 INTAKE PROCESS Give value to the potential client and be professional. INTAKE PROCESS Thank you to referral source. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 10

17 GREEN FLAGS Potential client needs help. GREEN FLAGS Facts meet elements of potential claim. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 11

18 GREEN FLAGS Matter is economically viable. GREEN FLAGS Potential client is a good person. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 12

19 GREEN FLAGS Potential client is responsive to appointments and requests. GREEN FLAGS Referral source provides a measure of qualifying the lead. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 13

20 YELLOW FLAGS: CHALLENGING ETHICS Conflict of interest. (RPC 1.7, 1.8) YELLOW FLAGS: CHALLENGING ETHICS Meritorious claim. (RPC 3.1) Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 14

21 YELLOW FLAGS: CHALLENGING ETHICS Competency to handle the matter knowledge, skill, thoroughness and preparation. (RPC 1.1, 1.3) YELLOW FLAGS: CHALLENGING ETHICS Confidentiality owed to prospective client. (RPC 1.18) PC making inquiry may not be the appropriate client. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 15

22 YELLOW FLAGS: CHALLENGING ETHICS Unauthorized practice of law in another jurisdiction. (RPC 5.5) YELLOW FLAGS: CHALLENGING FACTS Tough liability, slight injuries. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 16

23 YELLOW FLAGS: CHALLENGING FACTS Liability what will the witnesses say? Independent witnesses? YELLOW FLAGS: CHALLENGING FACTS Liability No witnesses. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 17

24 YELLOW FLAGS: CHALLENGING FACTS Liability - Case depends on he-said, she-said evidence. YELLOW FLAGS: CHALLENGING FACTS Liability - Potential comparative fault on potential client. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 18

25 YELLOW FLAGS: CHALLENGING FACTS Liability - PC drinking, fighting, or doing the funky chicken when.... YELLOW FLAGS: CHALLENGING FACTS Injuries - Prior conditions and/or being treated at time of injury. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 19

26 YELLOW FLAGS: CHALLENGING FACTS Injuries - Did not seek medical attention promptly or gaps in treatment. YELLOW FLAGS: CHALLENGING FACTS Injuries When was potential client back to normal activities? Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 20

27 YELLOW FLAGS: CHALLENGING FACTS My memory goes in and out about what happened. YELLOW FLAGS: CHALLENGING FACTS PC states in an that they were injured but does not describe the injuries. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 21

28 YELLOW FLAGS: CHALLENGING FACTS Long lapse of time in contacting lawyer or close to SOL. YELLOW FLAGS: CHALLENGING FACTS Has already spoken to other qualified lawyers, but they won t take case. Talk to other lawyers. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 22

29 YELLOW FLAGS: CHALLENGING FACTS Potential client is stuck with what is out there on internet. Bad facts from media. YELLOW FLAGS: CHALLENGING FACTS Need expert as a practical matter? Matter would require numerous experts. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 23

30 YELLOW FLAGS: CHALLENGING FACTS Hi, this is lawyer Lucy, I have been working on a great case, and I d like to refer it to you. YELLOW FLAGS: CHALLENGING CLIENT Will the case take substantial client management? Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 24

31 YELLOW FLAGS: CHALLENGING CLIENT I left you a few voice mails this morning, and I need to talk to you now.... YELLOW FLAGS: CHALLENGING CLIENT I am going to come in and meet with you. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 25

32 YELLOW FLAGS: CHALLENGING CLIENT I need to speak to the lawyer in your office right now, and I am too busy to talk later. YELLOW FLAGS: CHALLENGING CLIENT I don t talk to staff people... I am calling to make appointment with the lawyer. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 26

33 YELLOW FLAGS: CHALLENGING CLIENT When the lawyer calls back, ask them to use the secret word. YELLOW FLAGS: CHALLENGING CLIENT I don t have time to fill out that intake sheet. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 27

34 YELLOW FLAGS: CHALLENGING CLIENT I need to re-schedule my appointment with the lawyer. YELLOW FLAGS: CHALLENGING CLIENT I m not happy with my current lawyer... who told me I could get big money. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 28

35 YELLOW FLAGS: CHALLENGING CLIENT I called another lawyer about my claim, but they don t know what they are talking about. YELLOW FLAGS: CHALLENGING CLIENT I am going to recover $6 million once you just send a demand letter for me. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 29

36 YELLOW FLAGS: CHALLENGING CLIENT My neighbor stole my gnome again, and then I fell at the grocery store... I need to talk to the lawyer about the damage to my Mercedes. YELLOW FLAGS: CHALLENGING CLIENT I am calling about a PI case for a friend, and I might have one too. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 30

37 YELLOW FLAGS: CHALLENGING CLIENT I don t want to tell you about my other lawsuit. YELLOW FLAGS: CHALLENGING CLIENT I lost my auto insurance because I forgot to make the payment. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 31

38 YELLOW FLAGS: CHALLENGING CLIENT My cousin who is a retired lawyer in Texas told me that I can recover XYZ.... YELLOW FLAGS: CHALLENGING CLIENT After you file my case, how often do I have to come back to Oregon. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 32

39 YELLOW FLAGS: CHALLENGING CLIENT I saw on the internet that... and I get more money if I have more PT visits. YELLOW FLAGS: CHALLENGING CLIENT I just need some help settling my case. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 33

40 YELLOW FLAGS: CHALLENGING CLIENT I just want someone to handle the property claim not bodily injury. YELLOW FLAGS: CHALLENGING CLIENT I ve already done all the work. I just need a lawyer to look over my paperwork to do it myself. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 34

41 YELLOW FLAGS: CHALLENGING CLIENT I need a lawyer to file my case. YELLOW FLAGS: CHALLENGING CLIENT What they did is a crime, and I want a pound of flesh from them. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 35

42 YELLOW FLAGS: CHALLENGING CLIENT I don t trust anyone, including lawyers. YELLOW FLAGS: CHALLENGING CLIENT I recorded those conversations, and I also have the documents too.... Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 36

43 YELLOW FLAGS: CHALLENGING CLIENT When I was on the internet, I saw some lawyers were only charging a XYZ% contingency fee. YELLOW FLAGS: CHALLENGING CLIENT I m sorry, I forgot your name among the other internet lawyers I was checking out. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 37

44 YELLOW FLAGS: CHALLENGING CLIENT I ll call you back someday to let you know if I want to move forward. YELLOW FLAGS: CHALLENGING CLIENT Yeah, I m reviewing your fee agreement, but I went ahead and gave a recorded statement to the adverse insurance company to see if they could help me with my claim. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 38

45 RED FLAGS Ethical/RPC prohibition. RED FLAGS No liability or no damages. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 39

46 RED FLAGS Not economically viable avoid being a paper tiger. RED FLAGS Liens too high, not sufficient insurance coverage. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 40

47 RED FLAGS Lies, disrespectful. RED FLAGS Problems with other attorneys. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 41

48 CLOSING REMARKS If you need help, call one of your mentors or colleauges. CLOSING REMARKS Your success depends on the cases you don t take. Thank you! Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 42

49 VANGELISTI LAW FIRM LLC CONFIDENTIAL INTAKE FORM The information requested by this form is necessary to effectively evaluate your case and/or represent you should you decide to hire Vangelisti Law Firm LLC. The information provided will be maintained in strict confidence and will not be disclosed to others unless you authorize the release or it is necessary for representation of you. 121 SW Morrison Street Suite 475 Portland, OR tel fax Full Name (including prior names): Home Address: Mailing Address (if different): Telephone Numbers (daytime, evening and cell): Address: Name and telephone number of another family member or emergency contact: Employer and position: Education: Spouse s name: Date of injury or loss: Briefly explain why you are seeking legal representation: In which county did the events described immediately above occur? Do you have any photographs related to the events? What statements did you or any other person make about the incident? Did anyone take any recorded statement? Who do you believe caused or is responsible for your injuries or loss? When did you first believe this to be the case? Were there any witnesses? Do you have any indication that the person responsible for your injuries or loss was intoxicated or doing drugs at the time? What are your injuries and how have they been treated? When did your injury occur and when did you first notice symptoms? What was the date of first diagnosis? Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 43

50 Are your injuries permanent? Have you received a diagnosis from any medical provider and, if so, what is that diagnosis and future treatment? Please list below your medical providers who have treated you for your injuries, including the doctor, hospital/clinic, address, telephone number, treatment dates, and treatment: Do you have any pre-existing injury or condition that could be related to your current injuries? Please list your prior hospitalizations: Have you ever sought counseling? Does your family have any medical history that could be related to your injuries? Who has paid for your medical bills? Who is your health insurance company? Have you signed any assignment or release provided by a health insurer? Describe any worker s compensation claims that you have made: Have you had any discussions with another lawyer regarding your legal matter? If so, have you previously hired any other lawyer to help with this claim? Please describe any lost wages as a result of your injuries: Have you had any criminal convictions in the last 15 years? If so, please briefly explain the nature of the conviction and when it occurred: Have you filed bankruptcy in the last 7 years or do you have any intention of filing bankruptcy? Did you file income tax returns last year? Do you have any judgments or pending liens against you? These might include social security, Medicare (pre/post death), tax, hospital/medical, attorney, Oregon Health Plan, Oregon DHS or Adult and Family Services, group health plan, or other insurance. Have you or your immediate family ever been involved in any lawsuit before? What are your goals in seeking legal representation? How did you hear about Vangelisti Law Firm LLC? THANK YOU FOR COMPLETING THIS FORM. Your Law Practice: Should I Take It? Evaluating Potential Personal Injury Cases 44

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