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um and loss of service]. If you need further information in to evaluate this claim, please contact me. Please act accordingly. Sincerely, [Insert name] ost wages, etc.; Non-economic damages: physical pain, mental anguish, physical impairment]. [Optional clause: Additionally, my spouse demands damages in the sum of [insert amount] for loss of consortiysical harm and hereby demand damages for your insured's negligence in the amount of [insert amount] (Add the following: Economic damages: medical and prescription bills not covered by your insurer, led being intimate. Prior to accident we were intimate three times a week. After the accident, we no longer engage in intimate acts]. Due to your business's negligence, I have suffered emotional and phtion of spouse's contribution to assist you as well as loss of intimate contact ­ e.g. My spouse, [insert name] has take over chores that I performed around the house. As newlyweds, we have also stoppnable to [insert all activities you no longer can engage in]. I have also missed several days of work. See attached documentation [attach proof of absences, if applicable]. [If married include explanathree times a week, gardening, clean my house, golfing, etc.]. I had no ailments or injuries. I worked [full-time or part-time] as a [insert occupation]. After [insert date of incident], I have been uT NAME OF SECOND PHYSICIAN [if, applicable] INSERT NAME OF PHYSICAL THERAPIST [if applicable] INSERT YOUR NAME I am [insert age]. Prior to the injuries, I was able to [insert activities, e.g. bowling He prescribed [insert medication] for pain and to reduce swelling [if applicable]. [NOTE: If pre-existing condition, explain how accident has aggravated condition]. See attached Medical Records. INSER. Smith noted that I had [insert injuries] and that I would need [insert treatment, e.g. three weeks of physical therapy]. I indicated to the [insert name of Doctor] that I had [insert type of pain]. . Ferguson, I scheduled a follow-up treatment with Dr. Smith, located at 777 Sixth Ave, Sunnytown, State. On [insert date], I saw [insert name of doctor, address] for injuries to [insert injuries]. Dr x-rays of my cracked left molar. She indicated that the damage to the tooth required root canal. See attached report. INSERT NAME OF FIRST PHYSICIAN AFTER TREATING HOSPITAL Per the instructions of Drnd ordered three days of bed rest. I was instructed to see [insert follow- up doctor]. See attached Emergency Room Medical Report. [OR] At my scheduled appointment on February 4, 2005, Dr. Smith tookof my injuries was that I had several deep abrasions to my tongue and throat and advised me to maintain a liquid diet for several days. She also prescribed [insert medication] for infection and pain aERT NAME OF TREATING HOPSITAL OR FIRST PHYSICIAN/DENTIST] [Describe treatment], e.g. After being transferred to Bayview Hospital, I was seen by Dr. Ferguson. She had x-rays of my mouth. Her diagnosis formed the manager, Tom Smith, who apologized and called 911 for an ambulance. Paramedics from Sunnytown arrived and transported me to Bayview Hospital located at 54 West Ave., Sunnytown, State.] [INSWhile dining, I ordered a cheesecake for dessert. When I bit into the cheesecake, I felt crunching in my mouth and immediately spit out the bite and noticed several pieces of glass. At said time, I ino instructed me not to eat on that side of the mouth and arranged for me to come into her office the next day. [OR] On February 3, 2004, I went to your restaurant at XYZ location in Sunnytown, State. urchased a pound cake from XYZ supermarket. On or about February 4, 2004, while eating said pound cake I bit into a hard substance causing my back molar to crack. I immediately contacted my dentist whss' negligence, I suffered physical and emotional damages to which your negligence was the actual and proximate cause of my injuries. On [insert date] [describe incident (e.g. On February 3, 2004, I pr is to serve as notification and claim for damages for injuries that occurred while I was eating [describe type of food] that I purchased at [insert name of location or restaurant] Due to your busineame of Business Attention: Registered Agent [if available] Address RE: Injury From [Insert type of Foreign Object] [Purchased at [Insert Name of Store] or [Restaurant]] Dear [Insert Name]: This lettesion of object. CLAIM FORM FOR FOREIGN OBJECT IN FOOD Your name Address Telephone Email SENT VIA [FACSIMILE, ELECTRONIC MAIL, US MAIL, EXPRESS MAIL or CERTIFIED MAIL, preferable for records] [Date] NCopy of all bills, including medical bills and pharmaceutical charges. Copy of all medical notes or evidence for lost wages, including medical absences notes. Pictures of foreign object. Retain possesees and other witnesses to the incident. Copy of all medical records, including but not limited to, ambulance report, emergency room and treating physicians report, if possible a physician narrative. ollowing documents: Name of business, if corporation send to registered agent listed with Department of State, business address. Copy of Business Accident Report, if available. List of business employgotiating any document with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com Prior to completing, individuals should have the f and is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before neInformation Claim Form for Foreign Object in Food Bracketed instructions have been included on this form to assist you in completing it and should be removed before printing. This form is not intendedact accordingly. Sincerely, [Insert name] Additionally, my spouse demands damages in the sum of [insert amount] for loss of consortium and loss of service]. If you need further information in to evaluate this claim, please contact me. Please damages: damages to vehicle; medical and prescription bills not covered by your insurer, lost wages, etc.; Non-economic damages: physical pain, mental anguish, physical impairment]. [Optional clause: s]. Due to your insured's negligence, I have suffered emotional and physical harm and hereby demand damages for your insured's negligence in the amount of [insert amount] (Add the following: Economic res that I performed around the house. As newlyweds, we have also stopped being intimate. Prior to accident we were intimate three times a week. After the accident, we no longer engage in intimate actattach proof of absences, if applicable]. [If married include explanation of spouse's contribution to assist you as well as loss of intimidate contact ­ e.g. My spouse, [insert name] has take over choa [insert occupation]. After [insert date of accident], I have been unable to [insert all activities you no longer can engage in]. I have also missed several days of work. See attached documentation [ge]. Prior to the accident, I was able to [insert activities, e.g. bowling three times a week, gardening, clean my house, golfing]. I had no ailments or injuries. I worked [full-time or part-time] as ME OF PHYSICAL THERAPIST [if applicable] On [insert date], I was seen by [insert name] for [insert treatment including number of times as well as any follow-up visits]. INSERT YOUR NAME I am [insert aagain for my injuries due to the accident on [insert date]. [Describe any follow-up diagnosis, treatment, etc.] See attached Medical Records. INSERT NAME OF SECOND PHYSICIAN [if, applicable] INSERT NA He prescribed [insert medication] for pain and to reduce swelling [if applicable]. [NOTE: If pre-existing condition, explain how accident has aggravated condition]. On [insert date], I saw Dr. Smith r. Smith noted that I had [insert injuries] and that I would need [insert treatment, e.g. three weeks of physical therapy]. I indicated to the [insert name of Doctor] that I had [insert type of pain].see [insert follow- up doctor] See attached Emergency Room Medical Report. INSERT NAME OF FIRST PHYSICIAN On [insert date], I saw [insert name of doctor, address] for injuries to [insert injuries]. Dad x-rays of my neck and shoulder. Her diagnosis of my injuries was that I had a sprained shoulder and neck. She prescribed [insert medication] and ordered three days of bed rest. I was instructed to al, if applicable]. See attached police report. [INSERT NAME OF TREATING HOPSITAL] [Describe treatment at hospital], e.g. After being transferred to Bayview Hospital, I was seen by Dr. Ferguson. She heport of the accident cites your insured as being in violation of [insert law]. Subsequently, I was treated by [insert name] for injuries to [insert injuries] and transported to [insert name of hospitng North on Bay Rd. When your insured reached the intersection of 90 and Bay Rd, he failed to observe a stop sign and his vehicle struck my vehicle causing substantial damage to my vehicle. A police r the negligence of your insured, [insert name], on [insert date]. On [insert date] [describe accident] e.g. On February 3, 2004, I was driving west on Interstate 90. Your insured at the time was headie: Their Insured's Name: Their Insured's Policy Number: Date of Accident: Dear [Insert Name of Representative]: This letter is to serve as notification and claim for damages I received as a result ofThird Party Insurer Your name Address Telephone Email SENT VIA [FACSIMILE, ELECTRONIC MAIL, US MAIL, EXPRESS MAIL] [Date] Name of Insurance Co. Representative Name [if available] Address RE: Your Namcharges. Copy of all medical notes or evidence for lost wages, including medical absences notes. Copy and/or pictures of automobile or place of accident. CLAIM FORM FOR AUTOMOBILE ACCIDENT ­ Against ecords, including but not limited to, ambulance report, emergency room and treating physicians report, if possible a physician narrative. Copy of all bills, including medical bills and pharmaceutical documents: Name of owner of liable vehicle, owner's insurance company, address, policy number and name of negligent driver, if not the owner. Copy of automobile accident report. Copy of all medical rg any document with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com Prior to completing, individuals should have the followingnot a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before negotiatinInformation Claim Form for Auto Accident Bracketed instructions have been included on this form to assist you in completing it and should be removed before printing. This form is not intended and is of [insert amount] for loss of consortium and loss of service]. If you need further information in to evaluate this claim, please contact me. Please act accordingly. Sincerely, [Insert name] on bills not covered by your insurer, lost wages, etc.; Non-economic damages: physical pain, mental anguish, physical impairment]. [Optional clause: Additionally, my spouse demands damages in the sum gence, I have suffered emotional and physical harm and hereby demand damages for your insured's negligence in the amount of [insert amount] (Add the following: Economic damages: medical and prescriptihouse. As newlyweds, we have also stopped being intimate. Prior to accident we were intimate three times a week. After the accident, we no longer engage in intimate acts]. Due to your business's negliplicable]. [If married include explanation of spouse's contribution to assist you as well as loss of intimate contact ­ e.g. My spouse, [insert name] has taken over chores that I performed around the nsert date of accident], I have been unable to [insert all activities you no longer can engage in]. I have also missed several days of work. See attached documentation [attach proof of absences, if ape to [insert activities, e.g. bowling three times a week, gardening, clean my house, golfing, etc.]. I had no ailments or injuries. I worked [full-time or part-time] as a [insert occupation]. After [in [insert date], I was seen by [insert name] for [insert treatment including number of times as well as any follow-up visits]. INSERT YOUR NAME I am [insert age]. Prior to the slip and fall, I was ablon [insert date]. [Describe any follow-up diagnosis, treatment, etc.] See attached Medical Records. INSERT NAME OF SECOND PHYSICIAN [if, applicable] INSERT NAME OF PHYSICAL THERAPIST [if applicable] O to reduce swelling [if applicable]. [NOTE: If pre-existing condition, explain how accident has aggravated condition]. On [insert date], I saw Dr. Smith again for my injuries due to the slip and fall that I would need [insert treatment, e.g. three weeks of physical therapy]. I indicated to the [insert name of Doctor] that I had [insert type of pain]. He prescribed [insert medication] for pain andergency Room Medical Report. INSERT NAME OF FIRST PHYSICIAN On [insert date], I saw [insert name of doctor, address] for injuries to [insert injuries]. Dr. Smith noted that I had [insert injuries] and of my injuries was that I had a sprained shoulder and neck. She prescribed [insert medication] and ordered three days of bed rest. I was instructed to see [insert follow- up doctor]. See attached EmATING HOPSITAL OR FIRST PHYSICIAN] [Describe treatment at hospital], e.g. After being transferred to Bayview Hospital, I was seen by Dr. Ferguson. She had x-rays of my neck and shoulder. Her diagnosis from accident, indicate first treatment--e.g. After leaving the store, I experienced pain in my upper and lower back and sought treatment on February 10, 2004 at Bayview Hospital. [INSERT NAME OF TREad accumulated due to a known roof leak. Subsequently, I was transported to [insert name of hospital, if applicable]. See attached business accident report and/or ambulance report. [If not transportedtance and upon learning that I was unable to stand, called an ambulance. While waiting for the ambulance, the manager of the store, Mr. Thomas Ward, explained to me that the substance was water that hocated at 24 Third Street in Madison, California. While entering your business, I slipped on a substance causing me to fall backwards onto my back. An employee named, Ms. Carol Smith, came to my assissical and emotional damages to which your negligence was the actual and proximate cause of my injuries. On [insert date] [describe incident] e.g. On February 3, 2004, I was shopping at your business ld at [insert address of business] on [insert date]. Due to your business's failure to inspect, maintain and adequately warn [state negligent act ­ e.g. failure to clean water on floor], I suffered phye address] on [Insert Date of Accident] Dear [Insert Name]: This letter is to serve as notification and claim for damages for a slip and fall that occurred while I was shopping at your business locateIC MAIL, US MAIL, EXPRESS MAIL or CERTIFIED MAIL, preferable for records] [Date] Name of Business Attention: Registered Agent [if available] Address RE: Slip and Fall at [Name of Business and completces notes. Copy and/or pictures of place of accident and self, if physical injuries. CLAIM FORM FOR SLIP AND FALL ­ Commercial Property Your name Address Telephone Email SENT VIA [FACSIMILE, ELECTRONysicians report, if possible a physician narrative. Copy of all bills, including medical bills and pharmaceutical charges. Copy of all medical notes or evidence for lost wages, including medical abseniness employees who were witnesses to the accident, including store manager (if applicable). Copy of all medical records, including but not limited to, ambulance report, emergency room and treating phd have the following documents: Name of business, if corporation send to registered agent listed with Department of State, business address. Copy of Business Accident Report, if available. List of bused before negotiating any document with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com Prior to completing, individuals shoulnot intended and is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consultInformation Claim Form for Slip & Fall (Commercial Property) Bracketed instructions have been included on this form to assist you in completing it and should be removed before printing. This form is te __________ ATTORNEY, for and on behalf of ___________________________ Initials of Attorney_______ Initials of Client ________ o harass or to coerce a settlement may result in liability for malicious prosecution or abuse of process. IN WITNESS OF WHEREOF the parties agree to all terms and conditions. _________ Date CLIENT Dather consent to venue and personal jurisdiction in ___________________________ County, ________ , in the event of a dispute or controversy. I acknowledge and understand that a lawsuit brought solely tms and provisions shall remain in full force and effect. 14. Governing Law. This Agreement shall be governed by, and in accordance with ____________ law in the event of a dispute or controversy. I furve voluntarily agreed to enter into this retainer agreement. 13. Entirety Clause. Should any portion of this agreement be deemed void, unenforceable, or against public policy, the remainder of the terattorney has informed me that I should discuss the contents of this retainer agreement with independent legal counsel before signing it. I further acknowledge that, after having been so informed, I hay files and records, I agree in advance to pay the reasonable cost of photocopying those records by my attorney, at the rate of 35 cents per page. 12. Independent Legal Counsel. I acknowledge that my , which I acknowledge is the reasonable value of such services. Irrespective, I will remain fully responsible for, and pay, all costs and fees which may have been incurred on my behalf. If I request mf ___________________________ from any settlement proceeds, award, finding, or verdict, the full value of the services rendered prior to such withdrawal or termination, at the rate of $350.00 per hour0 days written notice to me at any time. If my attorney withdraws as counsel, or in the event I choose to fire my attorney and hire another lawyer to represent me, I hereby agree to pay the law firm oll not increase the attorney fees payable by me, and all percentages as described herein shall remain the same. 11. Withdrawal of Counsel. I acknowledge that my attorney may withdraw as counsel upon 1e necessary. 10. Additional Legal Counsel. I acknowledge that my attorney may employ associate counsel, in his sole discretion, but it is understood that the compensation of any additional counsel shaion of it, I agree to pay all reasonable additional attorney fees in connection with such suit or other enforcement or collection action, along with all costs, expenses and disbursements as may also bf Attorney_______ 9. Attorney Fees. Should my attorney be required to institute suit or any other collection action to enforce his lien or the assignment granted to him by this agreement, or any porte binding on each of us and shall inure to the benefit of the administrators, legal representatives, successors, assigns and transferees of the parties hereto. Initials of Client ________ Initials o my best efforts toward the successful termination of the actions to be taken, and that I shall fully cooperate with my attorney in all necessary respects. 8. Binding Agreement. This Agreement shall bis claim for fees and compensation as computed above. 7. Consultations and Meetings. I agree to be available for all necessary consultations and appearances. I further acknowledge that I shall utilizeney all proceeds, awards, judgments, settlements and all fees, costs, expenses and disbursements, plus interest at the legal rate, if applicable, regarding my case, but limited only to the extent of hment be made by me, my attorney shall still receive full compensation in accordance with the terms and provisions of this agreement. 6. Attorney's Lien. I expressly grant a lien and assign to my attoren reckless, willful and clearly negligent. It is further agreed that neither I nor my attorney shall settle or compromise this matter without the consent and approval of the other. Should such settlety shall attach to me or to my attorney for any good faith errors of judgment in the above matter, including actions or personal conduct of either based upon errors of judgment unless shown to have beceeded to trial, etc.]). 5. Warranties and Representations. I acknowledge my attorney can make no guarantees as to the outcome of my case or as to the nature of his representation. Further, no liabilifore a lawsuit or arbitration was filed [$4,000.00 at the time of settlement, plus $400.00 of each $1,000.00 payment as they are made for 20 years if lawsuit or arbitration was filed or the matter pros percentage based on the payments as they were made to me (i.e., $3,333.33 at the time of settlement, plus $333.33 of each $1,000.00 payment as they are made for 20 years if the matter was settled bettlement only (i.e., $10,000.00 if the matter was settled before a lawsuit or arbitration was filed ($12,000.00 if a lawsuit or arbitration was filed or the matter proceeded to trial, etc.), or (b) hits of $1,000.00 per month for 20 years, then according to the terms of the retainer, my attorney, at his option, could elect to receive either (a) his percentage based on the cost of the structured semple #2: For the sake of example only, if the award was in the form of a structured settlement, which initially cost $30,000.00 to purchase and which would pay $10,000.00 up front, plus monthly paymen, $4,000.00 if a lawsuit or arbitration was filed or the matter proceeded to trial, etc. From the balance remaining, costs would then be deducted and I would receive the total remaining funds. ii. Exa and the total costs were $1,000.00, then according to the terms of the retainer, my attorney would be entitled to receive $3,333.33 if the matter was settled before a lawsuit or arbitration was filed two examples, for the purposes of illustration only, to help explain how payments would be made: i. Example #1: For the sake of example only, if the value of the total amount recovered is $10,000.00,s received by me (which would then be based on the applicable percentage at the time [i.e., 1/3, 40%, etc.] ). Initials of Client ________ Initials of Attorney_______ D. Examples. The following arelect to receive all of his fees either, (a) immediately upon settlement (which would then be based on the actual cost of the structured settlement at the time it is obtained), or (b) as each payment i of the defendants, or from any other person, insurance company or other entity. C. Structured Settlements. In the event the recovery involves a structured settlement, at his option, my attorney may encluding without limitation, jury, arbitration, disability awards, insurance awards, mediation findings, and or structured settlements, or anything else of value which may be recovered from any or allpeal of a trial or arbitration. B. Definition of "Total Recovery". For purposes of this agreement, and irrespective of the nature of my claim, "total recovery" shall be defined as all sums of money, ir costs and expenses) after a lawsuit or arbitration is filed or a trial occurs, and (c) forty-five percent (45%) of the total recovery (before deducting for costs and expenses) in the event of any apums which are recovered (before deducting for costs and expenses), if the matter is settled before a lawsuit or arbitration is filed, (b) forty percent (40%) of the total recovery (before deducting fo. 4. Compensation. I agree to the following compensation arrangement with my attorney for the services he performs: A. I agree to pay to my attorney a fee equal to (a) one third (1/3) of any and all see. If no recovery is received, it is understood that I am not obligated to pay any fee to my attorney for his services, other than any costs which may have been incurred or advances made on my behalfhich may be rendered in my case, as more fully described below. I understand that in the event of a loss, I may be liable for the opposing party's attorney fees and related costs. 3. No Recovery, No Fcopying and related items. It is further agreed that any costs which may be advanced by counsel on my behalf will be promptly reimbursed through any settlement, decision, mediation, award or verdict wice of process, depositions, costs of obtaining files and records, medical and other experts if necessary, travel expenses, food and lodging, runner services, overnight express charges, postage, phototration, court costs, appeals, and related expenses shall be my responsibility, regardless of the outcome. Costs shall include, but not limited to, such items as the filing fee for the complaint, servherein shall be to the law firm of _________________________. 2. Costs. If applicable to my case, it is understood that all costs and expenses, including investigation, the filing of a lawsuit or arbid employ the law firm of ___________________________ as my attorney of record, to represent me in a claim for injuries I sustained as a result of the following: ______ All references to "my attorney" y. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com CONTINGENCY FEE RETAINER AGREEMENT 1. In General. I, the undersigned, do hereby retain ane. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before negotiating any document with another partfor multi-state use. State law and your state's bar organization may require additional language for this form to be considered valid. This form is not intended and is not a substitute for legal advicInformation Contingency Fee Agreement Bracketed instructions may be included on this form to assist you in completing it and should be removed before printing. Please note that this form was designed __________________ $__________________ $__________________ $__________________ __________________________________ Signature of Client ________________________ Date _____ _______________________________ _______________________________ _______________________________ Total Payments NET PAYMENT TO CLIENT $__________________ $__________________ $__________________ $$__________________ $__________________ $__________________ Total Attorney fees & costs $__________________ MEDICAL LIENS & OTHER PAYMENTS: _______________________________ __________________________edical records: Police Report : Legal Fees : Copies : Telephone : Faxes : Misc. : $_____________ $_____________ $_____________ $_____________ :$_____________ $_____________ $_____________ Total Costs ty. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com DISBURSAL SHEET TOTAL AMOUNT OF SETTLEMENT ATTORNEY'S FEES ________% ATTORNEY'S COSTS: Mce. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before negotiating any document with another par for multi-state use. State law and your state's bar organization may require additional language for this form to be considered valid. This form is not intended and is not a substitute for legal adviInformation Settlement Disbursal Sheet Bracketed instructions may be included on this form to assist you in completing it and should be removed before printing. Please note that this form was designedthe same force and effect as the original. Dated this ____ day of ________, 20__. ________________________________ NAME yment and income to ___________________________ and release said employer from any and all liability associated with the release of all such information. A photo copy of this Authorization shall have y for me to obtain records from my employer showing salary, wage, bonus, commission and other relevant information. I hereby authorize my employer to release any and all information regarding my emplo_______ Please be advised that the law firm of ____________________________________, represents the undersigned in an automobile accident wherein I lost income from my employment. It will be necessarent with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com AUTHORIZATION TO OBTAIN EMPLOYMENT INFORMATION To: _________________itute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before negotiating any documis form was designed for multi-state use. State law and your state's bar organization may require additional language for this form to be considered valid. This form is not intended and is not a substInformation AUTHORIZATION TO OBTAIN EMPLOYMENT INFORMATION Bracketed instructions may be included on this form to assist you in completing it and should be removed before printing. Please note that thnt/Patient 4. 5. 6. 7. 8. gn this authorization and that my refusal to sign will not affect my ability to obtain treatment. DATED this _____ day of ____________________, 20______. _________________________________________ Clieg, but if I do, it will not have any affect on my actions taken prior to receiving the revocation. Further details may be found in the Notice of Privacy Practices. I understand that I may refuse to siusters, defense lawyers, or others against whom the legal proceeding or claim is presented, said disclosure will not be subject to the HIPAA Rule. I may revoke this authorization at any time in writinmination by XXX, Attorneys and those employees or agents hired by XXX, Attorneys to examine said documents for purposes of legal claims or proceedings. If said information is provided to insurance adjained by XXX, Attorneys, that said records or copies may be provided to those entities, or their representatives, against whom legal claims are being presented; and said records will be subject to exarization may be used by them for purposes of any legal claims being presented by XXX, Attorneys on behalf of the below described individual. The undersigned understands that if medical records are obte, without exceptions, by sending a written request to XXX, Attorneys and/or to the medical provider. The undersigned understands that the information obtained by XXX, Attorneys pursuant to this autholaim or proceeding. The expiration date of this authorization is two (2) years from the date of the signature below. The undersigned understands that he or she may revoke this authorization at any timd law firm. This does not allow these lawyers to speak with the treating medical providers. The purpose of this disclosure is to obtain information for use by my attorneys in connection with a legal co whom this authorization is directed to is:______________________ The above entity can make disclosure of medical information or billing information to XXX, Attorneys. or any employee or agent of sailso, the below described provider is authorized to provide written or oral reports as requested by XXX, Attorneys for the last five (5) years before the accident of _______________. 2. 3. The entity te medical provider is authorized to provide any information requested, including all reports, notes, electronic data, lab tests, x-rays, medical imaging, billing information, or any other documents; aRIZATION The below described patient hereby authorizes XXX, Attorneys, to obtain, pursuant to HIPAA Rule (Section 164.508), the following information or documents upon the below described terms. 1. Thating any document with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com MEDICAL RECORDS AND BILLING INFORMATION RELEASE AUTHO is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before negotise note that this form was designed for multi-state use. State law and your state's bar organization may require additional language for this form to be considered valid. This form is not intended andInformation Medical Records and Billing Information Release Authorization Bracketed instructions may be included on this form to assist you in completing it and should be removed before printing. Plear considering this law office for legal representation. Cordially, ______________________ e, since there is a statute of limitation on your potential claim. Also be advised that failure to pursue your claim before the statute runs will result in a complete loss of your rights. Thank you foo be your attorneys and will take no further action in regard to this matter. I would urge you, however, that if you wish to pursue your legal rights, you should contact an attorney as soon as possiblted and reviewed your potential legal claim. After a cost/benefits and legal analysis we have decided not to pursue your case. Due to the problems we perceive with taking your case, we are declining t The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com XXX [Address] Regarding : Your potential claim Dear Ms. XXX: We have discussed, investiga This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before negotiating any document with another party.r multi-state use. State law and your state's bar organization may require additional language for this form to be considered valid. This form is not intended and is not a substitute for legal advice.Information Letter Declining Client Bracketed instructions may be included on this form to assist you in completing it and should be removed before printing. Please note that this form was designed foclaim you must move quickly to protect the statute of limitations [or meet the court deadlines for the trial date]. Sincerely, __________________ retain another attorney to substitute in for us we will cooperate in transferring your file. We are not making judgment with respect to the merits of your case. However, if you intend to pursue your you that we intend to move to withdraw from your case. We are doing so for the following reasons: [lack of cooperation, breach of the fee agreement, lack of merits to the case, etc.]. If you want topurchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com Date XXX [Address] Re: Withdrawal from your case Dear Ms. XXX: This correspondence is to inform form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before negotiating any document with another party. The ti-state use. State law and your state's bar organization may require additional language for this form to be considered valid. This form is not intended and is not a substitute for legal advice. ThisInformation Letter to Withdraw Bracketed instructions may be included on this form to assist you in completing it and should be removed before printing. Please note that this form was designed for mulbe calendared for a response in 10 days from its date. Thank you for your courtesy in responding as soon as possible. Cordially, Enclosure cc: XXX se acknowledge in writing that you accept liability for the incident and [Insurance Company] is ready, willing and able to review our settlement package on the issue of damages only. This letter will an expensive rental. Please advise us as to your position on this matter as soon as possible. We want to assure our client that you are willing to entertain his claim in good faith. To that end, pleaime our client is unable to rent a car on his own. If you are unwilling to provide a rental at this time, our client will rent a car through a rental agency that takes liens. This would most likely bend bills. Please inform us what your insured's liability policy limits are. Additional medical records and billing statements as well as a HIPPA release will be forwarded in the near future. At this t with reference to personal injuries sustained as a result of a traffic collision caused by your insured. Enclosed with the copy of this letter sent by mail are the police report and medical records attn: Adjuster: Re: Your Insured : Our Client : Your Claim No. Date of Loss : YYY XXX :123456 ___________________ Dear [Ms. Adjuster]: As you know, this office has been retained by the above-mentionedng any document with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com Date [Insurance Company] [Insurance Company Address] A not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before negotiatinote that this form was designed for multi-state use. State law and your state's bar organization may require additional language for this form to be considered valid. This form is not intended and isInformation Representation Letter to Adverse Party's Insurance Company Bracketed instructions may be included on this form to assist you in completing it and should be removed before printing. Please ________ DATE Attorney making the referral ________ DATE _________________________________ Attorney accepting the referral ________ _____________________ DATE Client(s) itial contact, to the investigation of the claim, witness statements, preparation of the complaint, all aspects of discovery and actual preparation for trial. _________________________________________t, please also have the client confirm this agreement in writing by signing below, and returning a copy to this office. We will make ourselves available to discuss all aspects of the case, from the inving ____% of such sums and our firm receiving ____% of your firm's fee. To confirm our agreement as set forth herein, please sign below. If your firm accepts the referral and is retained by the clienticipation of this law office will not increase the fee charged to the client in any way, but instead the two firms will divide all attorney fees which may be earned or recovered, with your firm receiof the claim, in return for which your firm will pay this office a participation fee equal to ____% of attorney fees which may be earned or recovered. You will inform the potential client that the par you will be attorney-of-record in any legal endeavors. You will also advise the client that you may request assistance from this office in the investigation, discovery, strategy and/or other aspects letter also confirms that you will inform the potential client that your law firm will be primarily and ultimately responsible for the preparation, conduct and handling of the client's claim, and thatour firm is retained as counsel for this potential client on the matter referred, you and the client will each sign a retainer agreement prepared by your office which allows you to obtain a fee. This Potential Client] Dear [Attorney]: This letter will serve as our agreement and written confirmation that this office has referred [Name of Potential Client] to your office as a potential client. If ypurchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com Date Referral Agreement [Attorney Name] [Firm Name] Attorneys at law Office Address Re: [Name of form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before negotiating any document with another party. The ti-state use. State law and your state's bar organization may require additional language for this form to be considered valid. This form is not intended and is not a substitute for legal advice. ThisInformation Referral Agreement Bracketed instructions may be included on this form to assist you in completing it and should be removed before printing. Please note that this form was designed for mul matter. Please feel free to contact the undersigned should you have any questions pertaining to this correspondence. Cordially, ___________________ Enclosures as stated cc: XXX incident must be made through this office. I am also enclosing an Authorization HIPPA signed by our client so you can release this information to me. Thank you for your time and consideration in thishowing the signed rejection of coverage. It would also be appreciated if you would please advise me of the claim number for this incident. As I am sure you are aware, all communications regarding this benefits and uninsured/underinsured motorist coverage through the policy issued by your company, and the limits on each. If she does not have either or both of these, please forward the application st this law office has been retained by XXX with reference to injuries she sustained in a motor vehicle accident on the above-mentioned date. We request that you confirm our client has medical paymentsompany] [Insurance Company Address] Attn: Claims Department Re: Our Client : XXX Your Insured : XXX Date of Loss : ______________ Claim # : ______________ Dear Sir/Madam: This letter will confirm thaey should be consulted before negotiating any document with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com Date [Insurance Cvalid. This form is not intended and is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attornuld be removed before printing. Please note that this form was designed for multi-state use. State law and your state's bar organization may require additional language for this form to be considered Information Representation Letter to Insurance Company (to confirm benefits and uninsured motorist coverage) Bracketed instructions may be included on this form to assist you in completing it and shosummary of substance of matter) . Any correspondence relating to this matter should be , at the firm of (Attorney's firm) directed to (Name of attorney) . Regards, [Signature] [Printed name] e 2] [City, State, ZIP] [Addressee's Name] [Address Line 1] [Address Line 2] [City, State, ZIP] Dear [Name]: Please be advised that I have retained an attorney to represent me in the matter of (Brief egotiating any document with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com [Date] [Your Name] [Address Line 1] [Address Lind and is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should be consulted before nall questions regarding this matter to your attorney. Bracketed instructions may be included on this form to assist you in completing it and should be removed before printing. This form is not intendeInformation Notice of Legal Representation - Letter This form is designed to assist you in drafting a letter informing another party that you are represented by legal counsel, and they should forward on to present discovery documents or 998 offers, making the exchange in person. - - - Deposition Kit 5 ally a court reporter will ask who wants one, but make sure you make the request if he/she doesn't. Deal with Documents--either to save some money or for the sake of efficiency, you can use a depositiak are a necessity on most deposition days. Take brief notes--especially when you spot a potential question you want to ask later. You can just jot them down on your outline. Request a transcript--Usumportant to remain courteous. DON'T FORGET Take breaks--especially in a long day of depositions. The breaks can help your client refresh and also help you re-focus. Short breaks as well as a lunch bredeposition time or really feel like you got everything you need, you should reserve the right to ask more questions later. Also, make sure you use this opportunity to thank the witness. It is always iolved and likely to know things you could not know. It is also a good idea to check with your client before you wrap up your questions, for the same reason. WRAPPING UP Unless you are limited in your you should take advantage of any breaks to confer with him/her to see if they caught an inconsistency or potential line of questioning. No matter how well prepared you are, your client is actually inv Make sure you keep in mind the facts you are looking for and what has been testified to by that point. Get back to your outline whenever necessary. CONFER WITH YOUR CLIENT If your client is present, care of yourself--just maintain a professional and cordial demeanor throughout. From a practical standpoint, pick a seat and position that is comfortable. Deposition Kit 4 DON'T FORGET THAT RECORDCOMFORTABLE Part of establishing control is being comfortable in your surroundings. Take bathroom breaks when necessary, drink that caffeinated drink, eat a full breakfast and lunch and otherwise takena. Unlike defending a deposition, you have control from the outset because you are guiding the questions and the course taken. Don't let opposing counsel or the witness rob you of this control. GET arty. You set the time and place, pick the court reporter, the room and even the chairs. Be professional and courteous at all times, because even this establishes your control over this particular arese of the abusive behavior of counsel and that you reserve the right to ask further questions at another time. YOUR PARTY No matter what the demeanor of opposing counsel, taking a deposition is your pons, make sure you make repeated reference to this on the record. If things become abusive, consider shutting down the deposition--and make sure you get it on the record that you cannot continue becau do not let opposing counsel's behavior rattle you, even if it becomes belligerent and rude. If it gets to the point where you simply cannot proceed with the deposition, or there are too many disruptiffective tool for taking the steam out of opposing counsel's objections. The very last thing you want to do is to be fiddling around changing every question every time there is an objection. Likewise,g counsel is not asking for clarification, and he/she has not instructed his witness not to answer. Just keep your eye on the witness. You can even say, "You can answer the question." This is a very eo the objection unless it is necessary. For example, "You went to his house on the night of August 12th?" "Objection-asked and answered." In this case, you need not alter your question at all. Opposin apply, even if they weren't anticipated. Deposition Kit 3 DON'T BE BULLIED Don't let opposing counsel throw you off with objections or arguments. Keep your eyes on the witness and do not respond trely will anyone answer your questions as you imagined. You can often get the best information by following the trail of thought opened up in the response. Listen to the answers and ask questions thating up on potential mistakes and inconsistencies in the testimony. LISTEN TO THE ANSWERS In the same vein, it is important to listen to the answers--not just be thinking ahead to the next question. Raition gets, you get back on track. That being said, don't be afraid to get away from the outline when an answer opens a door. It is a big mistake to stay so strictly to the outline, that you stop pickr thoughts and to have a battle plan going forward. Your outline could also include a bullet point section that reminds you just what information you are seeking--so that no matter how hairy the deposces to the documents you plan on introducing in the outline, as well as the questions pertaining to those documents. Doing an outline has the twofold purpose of forcing you to effectively organize youd, starting with basic and onto the crux of the case. Divide the outline into sections for your own purposes--by events, by time line, or however else you plan on questioning the witness. Make referent you want to find out and do not let yourself be swayed from that goal, even if you have to re-visit it again and again. HAVE AN OUTLINE It is always advisable to have an outline of questions prepareegal arguments, you are testing the demeanor and character of the deposed person for purposes of trial and/or settlement. Is this person credible? Will they make a good witness? Make sure you know whabeing deposed--because all parties will be present at trial, and it is important to know how someone will testify in that setting. KNOW YOUR GOALS Besides fact-gathering and finding support for your lp spot potential lines of questioning, which they can tell you at a break. They can clarify potential confusion or evasive answers [again, during a break]. And they can put some pressure on the party e deposition is, they can not and should not comment or disrupt the proceedings. If your client is a party, it is often advisable that they be present at the deposition whenever possible. They can hel if that. If your client is a party to the action, they have a right to be at the deposition. If they come to the deposition, you must advise them to stay cordial and quiet. No matter how upsetting th them, who signed them, and other questions as applicable. PREPARE YOUR CLIENT Deposition Kit 2 Much easier this time around, because your client will only be involved as witness to the deposition,ing counsel and his/her client, and yourself. When you introduce them at the deposition, make sure you lay a proper foundation in your questioning regarding those documents. What they are, who draftedide a number of them that you will want to ask specific questions about. For those documents you plan on introducing at the deposition, make multiple copies when possible for the court reporter, opposwould support your argument and device your questions accordingly. DEPOSITION DOCUMENTS-KNOW YOUR DOCUMENTS AND LAY A PROPER FOUNDATION You should really be familiar with the documents and have set ass the law. Review your legal arguments and get clear on the facts you need to support your case. For example, if you are making a statute of limitation argument, make sure you know exactly what facts TS TO KEEP IN MIND BE PREPARED Review the complaint, discovery responses, and discovery productions in the case. You need to be familiar with the facts, the timelines, the documents involved as well ang counsel, because you will be asking the question. The thing to remember in taking a deposition is that this is your party--you set the tone and can establish control immediately. II. IMPORTANT POINle. I. INTRODUCTION If the key to defending a deposition is to be on your toes, the key to taking a deposition is to be well prepared. You don't have to be worried about traps or pitfalls from opposiask, you will have a much easier time when the day comes to take the deposition. Again, you should consult all applicable local, state and federal laws that may govern, and practice guides when possibITION The key to taking a deposition is being well prepared. If you spend enough time before the deposition becoming familiar with the details of the case, the documents and the questions you want to answer should get the same response, even if opposing counsel asks it for an hour straight. If it gets ridiculous and you have made the objection many many Deposition Kit 12 PART II TAKING A DEPOSy say, I already answered that question. Or, I am sorry, I don't understand the question, I already answered with . . . . If you need to, take a break and tell your client that any essentially similarat at one point your witness is bound to trip up or get confused. Nip this in the bud using this objection. Your client should know that, if he or she has already answered the question, they can simpl This is important because often, when they don't get the answer they want, opposing counsel will keep asking essentially the same question over and over again. They figure, and they can be right, theep opposing counsel from putting words into your client's mouth or trying to trap your client. Don't let him/her put his own spin on the events. Use the testimony if necessary, but avoid this hazard.p jumping ahead. The deposition is a blank slate--even obvious facts must be established in a deposition and shouldn't be assumed. OBJECTION-MISSTATES THE TESTIMONY This is a REALLY important one to ke for correcting or catching opposing counsel when they are trying to get an admission in a round about way. It is also a good one to force opposing counsel to go through the appropriate hoops and stotion. Never let it be assumed that your client has written or even read the letter. Each step must be followed, or it lacks proper foundation. OBJECTION-STATES FACTS NOT IN EVIDENCE This is a great ondo his work-- it avoids confusion for everyone, keeps your client safe from potential traps, and makes a good record. If opposing counsel introduces a letter, he/she has to adequately establish founda on the record. OBJECTION-LACKS FOUNDATION This is especially useful when opposing counsel is being unduly lazy, jumping the gun, or trying to get ahead of himself and the case. Opposing counsel must clean and keep opposing counsel on his toes. OBJECTION-ASKED ANSWERED AND times, you may consider instructing your witness not to answer and taking it up with the judge. But make sure you have it allf a specific objection. By no means does this exhaust the list of objections you could make. But it does provide you with a quick list to review and go back to during the deposition to keep the recording counsel is confusing your client, use this objection to stop the process and clarify where things are. If nothing else, it can be used if you simply don't understand the question and can't think o use this if there is any doubt as to the date, time, place of an event being questioned. If there are multiple questions, make sure everyone knows which one is being discussed at that point. If opposbjection for the record. Deposition Kit 11 OBJECTIONS OBJECTION- VAGUE AND AMBIGUOUS This can often be used to clarify and fine-tune a question for the sake of everyone involved. Make sure that youf every objection--rather, it is a helpful memory refresher to glance over. Even if you can't pinpoint the exact right objection, many of these can cover various situations and will at least make an or first depositions. However, on the following page is a cheat sheet for you to use during a deposition of a few frequently used objections. This is definitely not meant to be a technical definition o are thousands of practice guides and other sources that will give you all the information you ever wanted to know about depositions and objections. You are advised to review at least a few before youet your story out. Try to be calm and remember, you have someone there with you looking out for your interests the whole time! Deposition Kit 10 V. CHEAT SHEET OF OBJECTIONS As we all know, theredmission out of you when you simply do not remember what happened. As always, be consistent and truthful and you will be fine. A deposition need not be a frightening experience. It is your chance to gorget facts after a period of time. If you remember, answer truthfully. If you don not remember or your memory is not sterling, make that clear in your response. Do not let opposing counsel force an athful and alert and you will be okay. Deposition Kit 9 DON'T GUESS Don't feel pressure to answer questions when you don't know or can't remember the answer. It is perfectly normal for a person to ftunity for you to show opposing counsel what a great witness you would make at trial. If you are calm and collected and stick to your guns, there is not much opposing counsel can do. Be honest and tru/her version of events. Just be steadfast and calm. Remember, he can not force you to say something you don't want to say. DON'T BE AFRAID It is easy to be intimidated, but don't be. This is an oppor you into a corner. If opposing counsel is doing this, it is most likely because you have been doing a great job and he/she is now getting desperate to get you to answer in a way that corroborates hisround, he had fallen to the sidewalk." "So, you were the cause of his falling down?" "I did not say that. I said he had fallen down." Essentially, it is important that you not let opposing counsel boxushed him to the sidewalk?" "No. I never pushed him at any time." "But you just said you pushed him down to the sidewalk." "No, I did not say that. I said that I brushed passed him and when I turned aacts incorrectly. Use your own words and tell him/her when the words in the question are not right or not how you perceived the event. Do not be afraid to make the record clear. For example, "So you p lawyer you need help. Try to maintain dignity and decorum throughout the process. DO NOT LET OPPOSING COUNSEL RE-WRITE THE FACTS Keep an eye and ear out for opposing counsel attempting to spin the fsive language, directed at any person during a deposition. If opposing counsel or his client is inappropriate your lawyer will deal with him/her. If necessary, request a break to cool off or tell yourecessary. Do NOT make comments to other people in the room, especially to another party, if another party is present. Deposition Kit 8 BE POLITE It is inappropriate to curse, swear or use other abuge of breaks to leave the room. DURING DEPOSITION, TALK TO OPPOSING COUNSEL ONLY Except for requesting breaks or minor requests, save your questions of your lawyer for a break, or ask for a break if n seated across from you for the entire deposition. If possible, try to be casually friendly. If there is too much rancor or this is impossible, then do your best to ignore that person and take advanta is important for all parties to remain professional, and it is common in the legal community for opposing lawyers to be friendly between breaks and off the record. Very often, the other party will beestions understood. Do not let your ego get involved here. KEEP THINGS PROFESSIONAL Though it may be very difficult, do not be upset if your lawyer speaks to opposing counsel in a friendly manner. Itsel to do his/her job and ask the question in a way that you can understand. UNDER NO CIRCUMSTANCES should you try to guess what opposing counsel is asking. It is opposing counsel's job to make the quis an official process, but fairly informal. Do NOT be afraid to ask questions, ask for clarification, and/or tell opposing counsel that you just don't understand the question. Force the opposing couno answer a question. Better to take the time to form a response than to give a poor response. Also, this time allows your lawyer to make objections if necessary. DON'T BE AFRAID TO ASK QUESTIONS This ential confusion. WAIT After a question has been asked, pause for a moment. Because this is a written transcript [unless videotaped], there is nothing in the record that indicates how long you take t question. The objection will let you know what is wrong with the question, the potential trap opposing counsel is laying for you, or at the very least, will clarify or provide clarification for a potis being asked BEFORE you start to respond. Deposition Kit 7 LISTEN LISTEN LISTEN TO THE OBJECTIONS Listening carefully to the objections is just as important, if not more so, than listening to the totally irrelevant. Don't interrupt this--it is his or her time to waste. If the questions are inappropriate, your lawyer will object. ALWAYS LISTEN to the question and make sure you understand what N TO THE QUESTIONS You MUST listen to the question asked. Do not assume you know what opposing counsel is asking you or will ask. Often, opposing counsel may ask a series of questions that you feel iseasier to avoid confusion if you remain truthful. It will also show opposing counsel that you are a credible witness and will impress the jury, if and when this proceeds to trial. LISTEN LISTEN LISTEsk-- and you would be surprised at how many do not ask the obvious ones. BE HONEST Besides being illegal, lying under oath is a recipe for disaster. Be honest and stick to the facts. It will be much fore saying it out loud. DO NOT VOLUNTEER INFORMATION Answer the question that is asked, but do not anticipate the next question. Again, it is up to opposing counsel to figure out what questions to ael to ask the questions, and if he or she is struggling, just sit it out. Do not try to smooth over their discomfort or shortcomings. DO NOT THINK OUT LOUD When possible, think through your answer be normal conversation, you are trying to put the other person at ease, fill in awkward silences, and help out rough spots in the conversation. Do NOT do this in a deposition. It is up to opposing counsdiscussed while you are prepping them for their deposition being taken. It is a guideline that can often help them out and keep the most important points in mind. THIS IS NOT A NORMAL CONVERSATION In ask them if they have any questions at this point, to cover all of your bases. Deposition Kit 6 IV. SCRIPT FOR PREPARATION The following can be copied and given directly to your clients or just WITH QUESTIONS This is an opportunity for your client to ask questions--whether it be about the discovery process, the deposition process, or a case-specific question. If they don't ask, make sure youense of what will happen at the deposition. Prepare some soft-ball and hard-ball questions, perhaps 10-15 minutes in length. Pay attention to the answers and the manner in which client answers. DEAL to a person. Do this during prep time when possible, so that you have less to clean up during a deposition. POTENTIAL QUESTIONS Prepare and run-through a brief set of questions to give your client a syour client understands the chronology of the events in question. After time has passed, it is often difficult to remember things immediately. After some questions and thinking, usually it comes back me they know what it is. This does not mean reading every word in a 100 page contract--but your client should not just assume that he/she is familiar with any document presented. CHRONOLOGY Make sure should expect some Deposition Kit 5 foundation questions--have you seen this document, is this your signature, etc. It is important that your client review each document carefully, rather than assuCUMENTS If your client has produced documents in discovery, make sure he or she is familiar with the more important ones for questioning. Prepare them for difficult questions you can anticipate. They e next line of questions, do not fill uncomfortable silences. On the flip side, explain that they need not be rude or belligerent and that cursing and abusive language is not appropriate. DISCOVERY DOons are appropriate. The opposing counsel has a right to ask questions, but this is not a conversation among colleagues or friends. Answer questions, but do not volunteer information, do not assume thng the basics and the objections, make sure you explain that a deposition is NOT a friendly conversation. There is a give and take of questions and answers, with you there to make sure that the questiions generally mean, in lay terms. Also tell your client that unless you instruct them not to answer, they can still answer the question after the objection is made. EXPLAIN THE PROCESS After explainin. Explain that they need to LISTEN to your objection very carefully, because it will help them understand why the question is flawed and to think carefully about their answer. Explain what the objectto remember to pause before answering a question--both to give them more time to think and to give you time to object. Explain that they need to immediately stop talking until you finish your objectioCTION PROCESS It is VERY IMPORTANT that your client understands that you will be making objections and that these objections are important. First, your client needs to understand that they should try ucation, address, etc. Tell them what your role will be, that they can request breaks when necessary, that they can and should take time to think through both questions and responses. DISCUSS THE OBJEe you tell your client that they will be under oath, that they must give verbal answers [no headshakes or shrugs], that they should try not to talk too fast, that there may be questions about their edxplain what a deposition is, show them the deposition notice, explain the seating arrangement, the demeanor of opposing counsel [if you know it], and then give your client some specifics. Here is wherAVING HIS DEPOSITION TAKEN START WITH THE BASICS Even if you have done a hundred depositions, it is important to remember that your client is probably fairly new to this game. Start with the basics. Eoney or for the sake of efficiency, you can use a deposition to present discovery documents or 998 offers, making the exchange in person. - - - Deposition Kit 4 III. PREPARING YOUR CLIENT FOR Hlso, it helps to keep you alert. Request a transcript--Usually a court reporter will ask who wants one, but make sure you make the request if he/she doesn't. Deal with documents--either to save some mt deposition days. Take notes--they don't have to be long-winded or meticulous, but it helps you keep track of the thread of the deposition and questions you may have for your own deposition taking. A 3 DON'T FORGET Take breaks--especially in a long day of depositions. The breaks can help your client refresh and also help you re-focus. Short breaks as well as a lunch break are a necessity on mosecause they can often be wrapped up in lengthy and meandering questions. Never be afraid of having the court reporter read back the question. Try to do this before your client answers. Deposition Kitn re-state the question properly. Also, it reminds your client of what she said, so that she will not be trapped into an untruthful answer or version of events. Be aware of these types of questions, bushed against him very gently." There are any number of objections you could make to that question--but the main point is to object and explain what the objection is in reference to so that counsel ca client. For example, "Why did you push Mr. Roberts?" "Objection--misstates the testimony, misleading. My client did not testify that she ever pushed your client at any time. She testified that she br question and what to watch out for in the answer. Often, lawyers make their objection, and then specifically reference the exact part of the question that they dispute-which can be invaluable to yourmisleading if you did not make the appropriate objection at the time of the deposition. Also, with any luck, in making your objection, you are explaining for your client what exactly is wrong with theat if, down the line, you dispute an answer given by your client and state that the question was misleading, you have proof. Often, you may have waived altogether your ability to argue a question was nt. You must make objections when a question is asked inappropriately. You do this to preserve for the record that the question--and consequently the answer--may be problematic. You must do this so thter of showing opposing counsel that you are listening and won't let him/her slip in inappropriate questions. BE READY TO OBJECT This is part and parcel of establishing control and preparing your clie--on the record. If the abuse continues, end the deposition--you'll have your transcript to back you up. However, this is a worst case scenario. More often than not, establishing control is more a matke your objections forceful, and often, if necessary. If opposing counsel is getting too belligerent or abusive, repeatedly warn opposing counsel and threaten to end the deposition and go to the judgetempting to bully, charm, belittle, or otherwise improperly direct your client, step in and object. It is not your client's job to stand up to opposing counsel-it is your job. To that end, you must maeposition Kit 2 counsel is courteous and professional, this will not require more than making appropriate objections and taking necessary breaks. If, as can sadly be the case, opposing counsel is atthink it will help your client. ESTABLISH CONTROL While it is opposing counsel's day to ask questions, it is important that you establish immediately that you will not be pushed around. If opposing Dn, make mention of it when you are back on the record. Likewise, keep sarcastic and rude comments to a minimum, because they too will be recorded. Ask the court reporter to read back responses if you k your client misunderstood the question and is giving a confused answer, especially if the confusion is to the detriment of your client. If something happens during a break that affects the depositiosunlight. THINK OF THAT RECORD This deposition could come back and haunt your client, so make sure that you make objections when you think questions are improper. You should also interrupt if you thint is comfortable and do not hesitate to halt proceedings to re-arrange positions if you or your client is in, unduly uncomfortable. For example, if either one of you is sitting in the direct glare of affeinated drink, eat a full breakfast and lunch and otherwise take care of yourself. Maintain a professional and cordial demeanor throughout. From a practical standpoint, pick a seat and position thaduty to protect your client and intervene in these situations. GET COMFORTABLE Part of establishing control is being comfortable in your surroundings. Take bathroom breaks when necessary, drink that c law school, or been practicing for 30 years. Is she the loud and abrasive type? In any case, be prepared for the worst, because you will have to respond quickly to inappropriate behavior. It is your rol if he/she begins to unravel at the deposition or needs your support. If possible, find out about the professional demeanor of opposing counsel. Is she courteous and professional? Is he just out ofcontain important information. If there is a disputed point of law, be prepared with case in hand for your objection. Also, try to establish a rapport with your client, so that you can exert some contPARE YOURSELF Be familiar with key documents that may come up in the deposition. You don't want to be taken by surprise. Review documents exchanged by both parties in discovery, especially those that Deposition Kit 1 When you have cleared up the mystery surrounding depositions and your client feels comfortable and well-prepped, the entire process can become an important asset to your case. PRE your client so that you can maintain control during the deposition. A deposition is also a test of your client's credibility and demeanor, which can very often sway the scales in terms of settlement.ssume an objection means that they can't answer the question at all, or let the objection frazzle them rather than listening to what you are saying. You also need to have some rapport established withluded herein] for your client and make sure that your client is ready for this deposition. It is important that clients understand the process. For example, too often, an unsophisticated client will aly mind-numbing line of questions. Be prepared to step in immediately if and when opposing counsel makes these attempts. PREPARE YOUR CLIENT You should definitely review the preparation guideline [inc sharp focus to protect your client. Opposing counsel may throw in a difficult question, a misleading question, or try to improperly trap your client and he/she may slip such questions into a completees that may govern. II. IMPORTANT POINTS TO KEEP IN MIND PAY ATTENTION Defending a deposition is often harder than taking a deposition, because you are not asking the questions and you must maintainell as some practical advice. As always, this is not meant as a substitute for preparation for your specific case and it is always necessary to be familiar with applicable local, state and federal ruldo not have the same obvious opportunity to establish control, and must exert your authority, presence and control in a more subtle, but no less important way. The following are tips to guide you as won't get to ask the questions and basically have to sit and listen all day long. This is hard because it is, frankly, often very boring and it is a challenge to stay focused and on the ball. Two, you .......... PART I DEFENDING A DEPOSITION I. INTRODUCTION Conventional wisdom has it that defending a deposition is more difficult than taking one. The reason people say this is twofold. One, you d................. PART II TAKING A DEPOSITION 13 13 1. Introduction.................................................................. 2. Important Points to Keep In Mind ...........................ient .................................................... 4. Script ......................................................................... 5. Cheat Sheet for Objections ............................ DEPOSITION 1 2 5 7 11 1. Introduction.................................................................. 2. Important Points to Keep In Mind ..................................... 3. Preparing Your Clred for the individual details of your case. Review state and federal laws regarding depositions, as there can be varying requirements and governing guidelines. Table of Contents PART I DEFENDING AFindLegalForms.com DEPOSITION KIT Note to User: This deposition packet is intended as a source to help and supplement--it is not a substitute for reviewing practice guides and being thoroughly prepawish to discuss this issue further, please contact the me at your earliest convenience. Sincerely, [Click here and type your name] [Click here and type job title] rminated for legitimate, non-discriminatory business reasons. In light of the foregoing, [client company] has paid [former employee] for all amounts owed him as a result of his employment. Should you ed with or without cause. [details of termination--if for cause, lay off, etc. as long as no discriminatory intent or practice involved, at will employment can be terminated]. [former employee] was teormer employee]. The clear language of the written offer letter provides that [former employee] was an "at will" employee. His employment was not for any specified length of time and could be terminatrding that company to the undersigned. I have had an opportunity to review your letter of [date] and the [date] written offer letter, signed by your client and accepting the position of [position of fy Name Here December 20, 2005 [Click here and type recipient's address] Dear [Opposing Counsel or Other Recipient]: This firm represents [client company]. Please direct any further correspondence rega consulted before negotiating any document with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com [Insert Address Here] Companform is not intended and is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney should beInformation Attorney Response to Former Employee re: Threatened Claim Bracketed instructions have been included on this form to assist you in completing it and should be removed before printing. This ion in this matter. I look forward to hearing from you soon. Sincerely, [Click here and type your name] [Click here and type job title] an see from this letter, XYZ Company takes this matter very seriously. We urge you take immediate steps to avoid any misuse or its confidential and proprietary information. Thank you for your cooperatr form, that Mr. X has disclosed, as well as an agreement to return all such documents; and finally, Confirmation that ABC will retain and immediately retain and sequester any such documents. As you cABC; Provide a thorough description of has or will conduct to determine what, if any, XYZ information Mr. X has used or disclosed to ABC; Identification of any XYZ information or documents, in whateve of ABC Company's obligations not to acquire or use XYZ confidential information; Confirmation that ABC Company will retail all employment documents and information related to Mr. X's employment with s that ABC Company will take immediate action to avoid any improper acquisition and use of protected information. We request that ABC Company provide us with the following, in writing: Acknowledgmentclosed or used by ABC Company.] XYZ Company is determined to protect its intellectual property, and fully expects Mr. X fulfill his duties and obligations under the agreement. XYZ Company fully expectX's work on any of these would constitute a clear conflict and breach of proprietary information, disclosing crucial XYZ trade secrets. All such confidential and proprietary information may not be disXYZ's proprietary product designs of software and firmware code, computer programs, algorithms, and other similar confidential information. These areas are key to XYZ's intellectual property, and Mr. ctual property he created while employed with XYZ to XYZ. [here detail former employee's position, what intimate knowledge he was exposed to and acquired--for example: Mr. X has intimate knowledge of with, and agreed to maintain strict confidentiality, and agreed to return all such information to XYZ Company upon termination of his employment. Mr. X assigned all rights and interest in all intelleer confidential and proprietary information. At the time Mr. X joined XYZ Company, he signed a confidentiality agreement in which he acknowledged the sensitivity of the information he would be workingth XYZ Company. XYZ Company believes that it is of the utmost importance that ABC Company take immediate and urgent steps to avoid the improper acquisition and use of XYZ Company trade secrets and oth otherwise misappropriate XYZ Company trade secrets and other confidential and proprietary materials. This would constitute a serious breach of Mr. X's confidentiality and non-disclosure agreements wition with matters involving former employee Mr. X. We understand that Mr. X is now an ABC Company employee. We are highly concerned that in the course of his employment with ABC, Mr. X may disclose orturn address] Company Name Here December 20, 2005 [Click here and type recipient's address] Dear [President of Company Where Former Employee is Currently Employed]: We represent XYZ Company in conneculd be consulted before negotiating any document with another party. The purchase and use of this form is subject to the "Terms and Conditions" found at www.FindLegalForms.com [Click here and type re This form is not intended and is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with an attorney. An attorney shoInformation Letter to Former Employee Reasserting Confidentiality Agreement Bracketed instructions have been included on this form to assist you in completing it and should be removed before printing.