What you should and should not do


Problem

At 9:00 a.m., on her first day as a paralegal, YOU arrived at your new job at a law firm doing litigation. At 9:05 a.m. Your supervising attorney, Willie Slick left you a voice mail message.

Hey, sorry I couldn't be there this morning, but I'm in Boston taking depositions. Here's what I need Go see my secretary Richard and have him show you the client intake interview form. Richard will walk you through how to interview potential new clients. At 10:00 a.m., you will interview some possible clients in a race discrimination matter against Target. The potential clients are worried about the costs of litigation, but assure them that they won't have to pay a dime if we take their case. We'll front all the costs, including medical exams and whatever. Hey, we'll help them out with rent if necessary! But don't turn them into clients just yet. We don't know if we have the time and money to take on the case and our Managing Partner of the firm has final approval. So be friendly and supportive but don't seal the deal. Also, tell them not to speak to Target's lawyers. Those guys are nasty. That should take about an hour, and then we need you to get downtown and speak to some more of those women who were forced to work overtime at Massive Inc. We already represent three of the employees, but we need to get more of them. Take the fee agreement Richard will show you and have them sign it if you can. This could be a huge case for us in terms of a precedent and not to mention the attorney's fee award. Be persuasive and persistent. Get them signed up as clients! And last of all, in the Commonwealth v. Smith case, I finally convinced the client's mother to pay the hourly legal fees, but we need to get the mother to sign a writing on that. Richard will get you the form. You get her signature. I will be back around 4:00 or 5:00. We'll take you out for a "welcome to the job" celebration down at Happy Jack's.See you then.

Make a memorandum outlining the issues raised; what you can and cannot do; what you should and should not do and why using the Rules of Professional Conduct, cases in the book etc. to support your analysis.

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