Foundations Chapter 3 PowerPoint: Conflict Checking, Case Screening, Information Gathering, and Client Interviewing

1
Conflict
Checking



Chapter 3 2

Confidentiality



3
Conflict Checking, Case Client


Interviewing
Screening, Information


Gathering & Client 4
Case Screening:
Interviewing After the Initial
Client Interview



5

Fees










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1

Purpose



2

Professional
Rules Regarding
Conflict
Section 1

3
Paralegal’s Role
in Conflict
Conflict Checking Checking




4
Conflict
Checking
Software
Programs




5
Manual Conflict
Checking






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1| Conflict Checking:

Purpose














 Attorneys cannot accept new


cases without running a

conflict check



 Conflict checks prevent firms

from representing parties


with opposing, or adverse,


interests


 Conflict checks should be

run before initial interview









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1| Conflict Checking:

Professional Rules Regarding Conflict









 Conflicts are governed

by the ABA and local


rules of professional

conduct



 ABA Rule 1.7 and Florida

Rules 4-1.7-1.9 dictate


what constitutes a


conflict


 ABA and Florida rules


essentially mirror one

another







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1| Conflict Checking:

Paralegal’s Role in Conflict Checking











 Paralegals and other


support professionals are

often responsible for


running conflict checks


 Conflict checking


requires meticulous work


 If conflict check


generates any potential

conflicts, these must be


brought to attention of

attorney






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1| Conflict Checking:

Conflict Checking Software Programs











 Conflict checks are often

run using computer


software


 Programs such as CLIO,


Client Conflict Check and

Lexis software are


popular options


 Software is user-friendly


and runs quickly, giving

immediate results










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1| Conflict Checking:

Manual Conflict Checking












 If firm does not have conflict


check software, conflicts must


be researched manually


 Manual conflict check requires


running names of potential


parties against current clients

and relevant parties



 Can also use the “find” feature


in word processing programs










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1
What is
Protected
Section 2

2

Confidentiality
Agreements
Confidentiality


3

Confidentiality
vs. Privilege





















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2| Confidentiality:

What is Protected












 Paralegals must keep case


information confidential


 Confidentiality begins with

information learned for


conflict check


 Confidentiality covers not


just communications with

client, but all information


learned throughout a case












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2| Confidentiality:

Confidentiality Agreements













 Your employer may have you

sign a confidentiality

agreement


 Agreement outlines duties

which already exist, but adds


clarifications on expectations

and potential penalties


 Some clients also have their

own confidentiality

agreements











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2| Confidentiality:

Confidentiality vs. Privilege












 Privilege protects


communications between a client


and an attorney from forced

disclosure



 Confidentiality keeps information

protected from public’s ears,


while privilege prevents a court

from requiring disclosure



 Privilege usually extends to

paralegals as representatives of


attorneys




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1
Interview
Preparation



2
Section 3 Information to

Seek



3
Client Interviewing Ethical

Guidelines



4

Initial Interview
Wrap-up and
Summary













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3| Client Interviewing:

Interview Preparation
















 Paralegals often conduct

initial interviews



 Must be friendly yet

professional



 Dress appropriately


 Ask open-ended questions


and let client tell story in

her own words











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3| Client Interviewing:

Information to Seek

















 Pre-event: What led up to

incident



 Event: Description of

incident itself


 Post-event: What


happened after incident


















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3| Client Interviewing:

Ethical Guidelines
















 Never give legal advice


 Never set fees


 Never indicate whether


a potential client’s case


will be accepted by the

firm



 Never predict the

outcome of a case











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3| Client Interviewing:

Initial Interview Wrap-up and Summary











 Review notes before client

leaves to see if you are


missing any information


 Draft interview summary to


inform attorney as to


information gathered from

client



 Draft summary as soon as

possible after interview while


information is fresh in your

mind






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1
Initial
Investigations




Section 4 2
Checking
Veracity of
Client’s Claims
Case Screening: After the 3



Initial Client Interview Follow-up

Communications


4

Investigation for
Case Evaluation













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4| Case Screening: After the Initial Client Interview:

Initial Investigations












 After interview, additional


information is often

needed



 This can include

documentation, records, or


conversations with

relevant parties



 Additional information

helps attorney to decide


whether to accept the case








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4| Case Screening: After the Initial Client Interview:

Checking Veracity of Client’s Claims











 Client’s version of


events must be verified,

to extent possible


 Human nature often

leads us to remember

events in ways which


favor us


 Clients can forget

details or be

embarrassed to share

information









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4| Case Screening: After the Initial Client Interview:

Follow-up Communications











 Investigating a potential

case may require


additional

communications


 Witnesses and other

third parties may need

to be interviewed


 Also may need to follow-

up with client with


additional questions












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4| Case Screening: After the Initial Client Interview:

Investigation for Case Evaluation












 Sometimes investigation

requires legal research


before attorney decides to


take case


 Topics include potential

claims, potential defendants,


burden of proof and


procedural defenses


 Procedural challenges


include statute of limitations








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1

Fees and
Reasonableness

Section 5 2


Retainer

Agreements
Fees 3



Fee Structures



4

Fees and
Paralegals
















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5| Fees:

Fees and Reasonableness











 Fees can be set in many

ways but must be


reasonable


 Fees are governed by

Model Rule 1.5 and

Florida’s version, 4-1.5.


 Reasonableness

governed by factors

such as case difficulty,


attorney experience and

average fees for a

location






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5| Fees:

Retainer Agreements















 Retainer agreements


solidify the attorney-

client relationship



 Are often boilerplate with

case-specific details



 Should outline fee

structure and scope of


work












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5| Fees:

Fee Structures










 Hourly fee plus retainer:


Most common; retainer

placed into trust account



 Flat fee: One flat rate for

case; often used in


bankruptcies and

uncontested divorces



 Contingency fee: Attorney

deducts fee from client’s


winnings or settlement at


the end of a case






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5| Fees:

Fees and Paralegals











 Paralegals must

understand fee


structures but can


never set fees


 Paralegals cannot

share in fees, such as


via “referral fees”


 Paralegals may


receive bonuses due to

exceptional work on a


case






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Conclusion Key Takeaways

































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Conclusion:

Key Takeaways







 Conflict checks are necessary to

maintain loyalty between attorney


and client


 Confidentiality protects all

information gathered from the client

and other sources during the


course of a case.

 Initial interviews allow you to learn


about case from client’s view


 Post-interview research often

necessary for complete picture


 Fee structures vary, but must be

reasonable and cannot be set by

paralegal


© 2017 UEducate

References








https://www.floridabar.org/rules/rrtfb/






https://www.americanbar.org/content/dam/aba/administ

rative/paralegals/ls_prlgs_modelguidelines.authche


ckdam.pdf






https://www.clio.com/






http://clientconflictcheck.com/






https://www.lexisnexis.com/law-firms/pdf/Avoiding-

Conflicts-of-Interest.pdf





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