Client Pretrial Procedures
What is the primary purpose of an initial client interview?
To build rapport and gather relevant information.
What type of dispute resolution involves a neutral third party facilitating negotiation?
Mediation.
What makes a professional email?
Subject line, greeting, professional language, signature.
What is a deposition?
A sworn, out-of-court testimony by a witness.
What is the goal of oral arguments?
To persuade the judge on legal points.
Name one essential skill a lawyer should use during the client interview process.
Active listening, empathy, etc.
Which dispute resolution method is legally binding and typically involves a third-party decision-maker?
Arbitration.
Why should contracts use clear and specific language?
To avoid misunderstandings and ensure enforceability.
What is the Brady Rule?
A requirement for prosecutors to disclose exculpatory evidence to the defense.
What is a case theme?
A one-sentence statement that resonates emotionally and logically with decision-makers.
What is a key outcome of the initial client interview in pretrial procedures?
Understanding the client’s needs and case facts.
Mediation is always legally binding.
False.
During a client interview, what nonverbal communication technique can help build trust?Maintaining
Maintaining eye contact and using open body language to show attentiveness and respect.
Name two tools used during the discovery process.
Interrogatories and requests for admissions.
What is the primary difference between a case theme and case theory?
A case theme appeals to emotions and logic, while case theory provides the legal framework for winning the case.
What should a lawyer avoid during an initial client meeting?
Making guarantees about the case outcome, being judgmental, etc.
Why is mediation often faster and less expensive than going to trial?
It avoids lengthy court processes and high legal fees.
Why is it important to confirm the client’s understanding during an initial interview?
To ensure alignment on case expectations and clarify any misunderstandings early.
A deposition is taken in a courtroom.
False.
What is the significance of preparing a "roadmap" for oral arguments?
It ensures the argument is structured, addresses key points efficiently, and anticipates questions from the judge.
Why is confidentiality important during client interviews?
It ensures trust and protects the attorney-client privilege.
Name one disadvantage of arbitration compared to mediation.
Decisions are binding and not easily appealable.
What is the purpose of using open-ended questions during a client interview?
To encourage the client to provide detailed information and elaborate on their concerns.
What is reciprocal discovery?
The mutual exchange of evidence between parties.
During oral arguments, what is the best way to handle a judge’s question that challenges your position?
Remain respectful, address the question directly, and use the opportunity to reinforce your argument.