Contents CHAPTER 1 NEW CLIENT/INITIAL INTAKE 1

Transcription

1 CHAPTER 1 NEW CLIENT/INITIAL INTAKE 1 Form Welcome Letter to New Client 2 Form Welcome Letter to New Client With Retainer and Other Forms 3 Form Power of Attorney Direct (Single) 4 Form Consent to Association of Counsel 17 Form Power of Attorney Referring Attorney (Single) 19 Form HIPAA Authorization 33 Form Takeover Authorization to Prior Attorney Requesting Client s File 35 Form Letter to Client s Prior Attorney Requesting Client s File 36 Form Thank You Letter to Referral Attorney 37 Form Thank You Referral Letter to Non-Attorney 38 Form Letter to Potential Referring Attorney 39 Form Letter to Attorney Referring New Case 41 Form Referral Agreement Letter Between Counsel 42 Form Letter to Client Referring Case 43 Form Personal Injury Litigation Checklist 44 Form Letter to Client Providing Instructions 53 Form Instructions to Client Sheet 54 Form Case History Sheet 57 Form Letter Requesting Police Report 70 Form Notice Letter to Defendant Motor Vehicle Case 71 Form Verify Liability Coverage Motor Vehicle Accident 72 Form Request Municipal Court Disposition Motor Vehicle Accident 73 Form Notice Letter to Defendant Non-Motor Vehicle Accident 74 Form Letter to Client Requesting Insurance Information 75 Form Notice to Lienholder and Request for Lien Information 76 Form Request Record Property Owner Fall Down Case 77 Form Letter Requesting Weather Report 78 Form Letter Requesting OSHA Records 79 Form Chapter 74 Notice Letter Medical Malpractice Case 80 Form Chapter 74 Medical Authorization Medical Malpractice Case 82 Form Rejection Letter to Client Personal Injury Case 85 Form Rejection Letter to Attorney Referred Client Personal Injury Case 86 Form Rejection Letter to Referring Attorney 87 Form Rejection Letter to Client Medical Malpractice Case 88 Form Medical Power of Attorney 89 Form Statutory Durable Power of Attorney 94 Form Letter Regarding Medical Liens 101 ix 00_FM.indd 9 4/7/ :08:27 AM

2 CHAPTER 2 PRE-LITIGATION 103 Form Status of Treatment Letter 104 Form Letter Requesting Hospital Records 105 Form Letter Requesting Hospital Bills 106 Form Letter Requesting Doctor Medical and Billing Records 107 Form Letter Forwarding Report Fee to Doctor 109 Form Follow-Up Letter for Doctor s Report 110 Form Follow-Up Letter for Doctor s Office Records 111 Form Letter Requesting MRI or X-Ray Films 112 Form Letter of Protection to Medical Provider 113 Form Letter Requesting Photographs of Accident Scene 114 Form Letter to Post Office for Current Address Lookup 115 Form Letter to Employer for Personnel File 117 Form Authorization to Employer for Personnel File 118 Form Letter Requesting Workers Compensation File & Lien 119 Form Settlement Letter to Insurance Company 120 Form Letter to the IRS Requesting Tax Transcripts 121 Form Letter to the IRS Requesting Tax Returns 123 Form Letter to Defendant Insurance Carrier for Protection of Interest (Pre-Suit) 125 Form Authorization for Release of Cellular Phone Records 126 Form Authorization for Release of Education Records 128 CHAPTER 3 PERSONAL INJURY PROTECTION (PIP) BENEFITS AND UNINSURED/UNDERINSURED MOTORIST 129 Form Letter Requesting PIP Application 130 Form Letter to Client Forwarding PIP Application 131 Form Letter Forwarding PIP Application to Insurance Carrier 132 Form Letter Submitting Medical Bills to PIP Carrier for Payment 133 Form Letter Requesting PIP Payment Ledger 134 Form Initial Notice to Uninsured (UM)/Underinsured (UIM) Motorist Carrier 135 Form Notice Letter to Underinsured (UIM) Motorist Carrier and Request for Permission to Settle 136 Form Letter to Underinsured (UIM) Motorist Carrier Requesting Insurance Policy 138 Form Demand Letter to Underinsured (UIM) Motorist Carrier 139 CHAPTER 4 PETITIONS 141 Form Motor Vehicle Petition 142 Form Motor Vehicle Petition Different Driver and Owner 146 x 00_FM.indd 10 4/7/ :08:27 AM

3 Form Motor Vehicle Petition for a Passenger Against Driver of Another Vehicle 151 Form Motor Vehicle Petition for a Passenger Against a Different Driver and Owner 155 Form Motor Vehicle Petition for a Passenger vs. Host Owner/Operator and Other Vehicle s Owner/Operator 160 Form Motor Vehicle Petition for a Pedestrian 165 Form Motor Vehicle Petition for a Pedestrian with Different Owner of Vehicle 169 Form Motor Vehicle Petition Against DWI Defendant and Bar 174 Form Jones Act Petition 180 Form Product Liability Petition 187 Form Medical Malpractice Petition 193 Form Dog Bite Petition 200 Form Civil Case Information Sheet 205 Form Case Style Template 207 Form Letter to Court Filing Original Petition 208 Form Underinsured Motorist Petition 209 Form Petition in Intervention for Attorney Fees and Expenses 214 Form Petition in Intervention for Attorney Expenses (Waiver of Fees) 217 CHAPTER 5 PENDING LITIGATION 221 Form Status Letter to Referring Attorney 222 Form Jury Demand 223 Form Service Letter to Sheriff/Constable 225 Form Service Letter to Private Process Server 226 Form Letter to Adversary Requesting Waiver of Service 227 Form Letter to Adversary Serving Petition when Service has been Waived 228 Form Notice of Non-Suit 229 Form Notice of Partial Non-Suit 233 Form Docket Control Order 237 Form Rule 11 Letter Regarding Court Deadlines 240 Form Fact Witness Designation 241 Form Tolling Agreement 244 Form Designation of Experts 246 Form Letter Producing Expert Reports Medical Malpractice Case 253 Form Letter to Expert Requesting Further Review of Records 254 Form Letter to Client to Sign Authorizations from the Defendant 255 Form Letter Forwarding Signed Authorizations to the Defendant 256 Form Letter to Adversary Requesting Records Obtained with Subpoena 257 xi 00_FM.indd 11 4/7/ :08:27 AM

4 Form Letter to Client for a Scheduled Independent Medical Examination 258 Form Letter to Client to Schedule an Independent Medical Examination 261 Form Notice of Designation of Lead Counsel 262 Form Letter to Newspaper Enclosing Press Release 264 Form Letter to Attorney Regarding Status of Referred Case 265 Form Letter Providing Information to Expert Economist 266 Form Letter Providing Information to Expert Economist Deceased Client 267 Form Letter Providing Information to Vocational Rehabilitation Expert 268 Form Letter Providing Information to Life Care Plan Expert 269 Form Notice of Change of Address 270 Form Preservation Letter Video 272 Form Letter to Client Regarding Withdrawal of Representation 273 Form Preservation Letter Commercial Accident 274 Form Preservation Letter Motor Vehicle 275 Form Preservation Letter Industrial Accident 276 CHAPTER 6 DISCOVERY 277 Form Letter to Client to Answer Interrogatories and Request for Production 278 Form Letter to Client Forwarding Draft Answers to Interrogatories for Review 280 Form Letter Serving Answers to Interrogatories and Requests for Production 281 Form Letter Supplementing Discovery with a Document 282 Form Letter Supplementing Expert Report 283 Form Letter Advising Adversary of Expert s Further Review of Records 284 Form Cover Letter for Discovery Requests 285 Form Cover Letter for Interrogatories to Defendant 286 Form Cover Letter for Request for Production of Documents 287 Form Cover Letter for Request for Admissions 288 Form Interrogatories Standard Set 289 Form Interrogatories to Defendant Motor Vehicle Case 296 Form Interrogatories to Defendant Doctor Medical Malpractice Case 305 Form Interrogatories to Defendant Hospital Medical Malpractice Case 313 Form Interrogatories Jones Act 321 Form Requests for Production Standard Set 334 Form Requests for Production Motor Vehicle Case 341 Form Requests for Production to Defendant Doctor Medical Malpractice Case 351 Form Requests for Production to Defendant Hospital Medical Malpractice Case 359 Form Request for Admissions 367 xii 00_FM.indd 12 4/7/ :08:28 AM

5 Form Request for Disclosures 370 Form Rule 11 Letter Regarding Discovery Responses 373 Form Mutual Rule 11 Letter Regarding Discovery Responses 374 Form Letter to Defendant Regarding Overdue Answers to Interrogatories 375 Form Follow Up Letter Requesting Overdue Insurance Information 376 Form Letter Requesting Overdue Demand for Production of Documents 377 Form Notice of Filing Affidavits 378 Form Letter to Client for Scheduled Deposition 380 Form Letter to Client for Rescheduled Deposition 383 Form Notice of Deposition 384 Form Deposition Notice for a Corporate Representative 386 Form Letter Rescheduling Defendant s Deposition 389 Form Letter to Adversary in Lieu of Cross Notice Scheduling Deposition 390 Form Letter to Adversary Changing Location of Deposition 391 Form Letter Notifying Defendant that Plaintiff Requires Interpreter for Deposition 392 Form Letter Serving Deposition Notice for Expert Witness 393 Form Deposition Notice for an Expert Witness 394 Form Letter to Client Regarding Deposition Corrections 398 Form Subpoena to Witness for Deposition 399 Form Deposition Notice to Witness (with Subpoena Duces Tecum) 403 Form Letter Request for Records Obtained via Deposition by Written Question 405 Form Rule Letter Regarding Documents Produced 406 Form Verification for Interrogatory Answers 407 Form Cross-Questions for Billing Records 409 Form Billing Records Affidavit 412 Form Request for Admissions Underinsured Motorist Case 414 Form Interrogatories to Defendant Underinsured Motorist Case 417 Form Request for Production Underinsured Motorist Case 426 Form Deposition Notice for a Corporate Representative - Trucking Accident 437 Form Discovery - Dog Bite Matter 441 Form Interrogatories to Defendant Driver Trucking Accident 456 Form Interrogatories to Defendant Owner or Employer Trucking Accident 466 Form RFP to Defendant Driver Trucking Accident 476 Form RFP to Defendant Owner or Employer Trucking Accident 487 CHAPTER 7 MOTIONS 499 Form Letter to Court Filing Motion 500 Form Letter to Judge to Withdraw a Motion 501 xiii 00_FM.indd 13 4/7/ :08:28 AM

6 Form Motion for Default Judgment 502 Form Motion to Substitute Counsel 511 Form Motion to Compel Answers to Interrogatories 516 Form Motion to Compel Defendant s Deposition 521 Form Motion to Quash 524 Form Motion to Quash Subpoena for Psychiatric Records 528 Form Notice of Hearing and Proposed Order for a Motion for Summary Judgment 532 Form Motion to Extend Discovery Deadline 535 Form Motion for Continuance 538 Form Motion for Preferential Trial Setting 544 Form Motion for Preferential Trial Setting Jones Act 550 Form Motion to Withdraw 557 Form Application to Create a Special Needs Management Trust 562 Form Motion to Appoint Guardian Ad Litem with Order to Court 577 Form Motion to Retain 582 Form Motion to Amend Style of Case 589 CHAPTER 8 ARBITRATION AND MEDIATION 595 Form Letter to Client for Arbitration 596 Form Letter to Client for Re-Scheduled Arbitration 597 Form Letter to Client Regarding Arbitration Award 598 Form Letter to Counsel Regarding ADR Deadline 599 Form Letter to Court Regarding ADR Deadline 600 Form Letter to Court Regarding ADR Deadline No Response from Defendant 601 Form Letter to Client Regarding Mediation Date 602 Form Mediation Memorandum 603 Form Certificate of Non-Appearance to Mediation 605 Form Letter to Mediator Confirming Mediation Date and Providing Counsel of Record Information 607 CHAPTER 9 TRIAL 609 Form Letter to Client Regarding Trial Date 610 Form Letter to Medical Expert Regarding Trial Date 611 Form Letter to Liability Expert Regarding Trial Date 612 Form Letter to Medical Expert Regarding New Trial Date 613 Form Trial Checklist 90 Days Out 614 Form Trial Checklist 60 Days Out 615 Form Trial Checklist 30 Days Out 616 Form Letter to Client Regarding Trial Date One Month Reminder 618 xiv 00_FM.indd 14 4/7/ :08:29 AM

7 Form Trial Checklist 7 Days Out 619 Form Pre-Trial Order 620 Form Trial Subpoena 623 Form Letter to Police Officer Enclosing Subpoena for Trial 626 Form Subpoena to Police Office for Trial 627 Form Trial Notebook Outline 630 Form Exhibit List 632 Form Jury Charge General Instructions (No Questions) 635 Form Voir Dire Questions 643 Form Additional Juror Voir Dire Questions Medical Malpractice Case 645 Form Vacation Letter to the Court 647 CHAPTER 10 SETTLEMENT AND POST-TRIAL 649 Form Settlement Letter to Client 650 Form General Release 651 Form Settlement Closing Statement 653 Form Settlement Closing Statement with One Protect 654 Form Settlement Closing Statement with Two Protects 656 Form Alternative Settlement Closing Statement 658 Form Letter Notifying Court that Case Settled 660 Form Letter to Adversary Confirming Settlement 661 Form Letter to Medical Witness that Case Settled 662 Form Letter to Expert Witness that Case Settled 663 Form Letter to Medical Provider Requesting Compromise of a Bill 664 Form Letter Forwarding Release to Adversary 665 Form Motion to Dismiss with Prejudice 666 Form Chart for Verifying Outstanding Medical Balances 670 Form Letter Forwarding Settlement Check to Client 672 Form Letter Forwarding Referral Fee to Referring Attorney 673 Form Letter Paying Medical Provider s Outstanding Bill from Settlement Proceeds 674 Form Letter Paying Workers Compensation Lien from Settlement Proceeds 675 Form Letter to Court to Schedule Minor Settlement Hearing 676 Form Letter to Client for Minor Settlement Hearing 677 Form Order Entering Judgment and Directing Deposit of Funds Into Registry of the Court for a Minor 678 Form Letter to Deposit Funds in Registry of the Court 681 Form Complaint Seeking to Schedule Minor Settlement Hearing When a Minor s Case Settles Prior to the Filing of a Lawsuit 682 xv 00_FM.indd 15 4/7/ :08:29 AM

8 Form Final Judgment 685 Form Letter Advising Referring Attorney that Case Settled 686 Form Letter Forwarding Bill to Client 687 Form Letter to Healthcare Provider to Reduce Lien 688 Form Letter to Subrogation Carrier for Reduction of Lien 689 Form Notice of Appeal 690 Form Stowers Demand Letter 692 xvi 00_FM.indd 16 4/7/ :08:30 AM