Reference no: EM133812625

Question

As you have learned already, it is important to gather information from the client and investigate client claims. The first steps in doing so are preparing a client questionnaire and notifying clients of their duties to retain evidence. Under the Rules of Civil Procedure, whenever it can be "reasonably anticipated" that an action will be filed, all parties have a duty to preserve potentially relevant evidence. "Evidence" includes all information, including not just hard copy documents but all electronically stored information.

Your supervising attorney, Jack Jones, has asked you to prepare two documents that can be used as a template to be sent to new clients.

1. Jack would first like a 2-3 page client questionnaire that can be used to gather information from a client who has been in a car accident. Your questionnaire should include sections for basic contact information. You should also include questions pertaining to what occurred during the accident, damages, where the accident occurred, etc. Think about what information your supervising attorney will need to move forward with investigating the client's claims.

2. Included in the questionnaire should also be a list of documents requested from the client. What documents will Jack need from the client? As a minimum he will need the client's insurance documents, the accident report, and the client's medical records. You should prepare a comprehensive list of all documents he needs from the client.

3. Jack would also like you to prepare a sample letter that can be sent to clients which explains their obligation to preserve evidence and prevent spoliation. You can research sample letters by searching for a document "preservation letter" or "litigation hold letter."