1. PERSONAL INJURY CASES:
Case Intake and Screening
Rich Mrazik and Mike Young
May 7, 2014
parsonsbehle.com

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Know what you’re up against …

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 Get the bare minimum:
– Potential client
– Potential adverse party
– Nature of case
 Then pause . . .
Step One: Client Contact

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 Perform a conflict check
 Perform initial self-awareness check
– Can I handle a new matter right now?
– Can I handle a new matter like this right now?
Step Two: Initial Risk Management

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 Build a relationship between you, the client, and
your staff.
 Draw out the client’s story—and his personality.
 Evaluate the client’s expectations.
Then pause . . .
 Reserve time to perform due diligence.
 Manage the client’s expectations.
Step Three: Interview the Client

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Duty
Breach
Causation
Damages
Step Four: Pre-Suit Analysis
Who did what wrong?
- Who are the potential defendants?
- What kind of case is it?
- Was the conduct negligent? Intentional?
- Does it breach a duty or standard of care?
No harm no foul?
- Did the breach actually cause damages?
- Did the breach foreseeably cause damages?
- What are the damages now, and in the future?

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Anticipate defenses:
1. Lack of duty
2. Immunity from suit
3. Procedural noncompliance
4. Statutes of limitation
5. No proximate cause
6. No injury
7. Allocation of fault
Step Four: Pre-Suit Analysis (cont.)

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 Assess your economic risk:
A = total damages that can be proved
B = risk of a bad ruling or loss at trial
C = costs of prosecuting the case
 Compare (A × B) versus (C)
 Re-perform self-awareness check:
– Can I handle this case, right now, alone?
– Do I need help? More time? Both?
Step Four: Pre-Suit Analysis (cont.)

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Basic Case Value Metric
Cost of
Prosecuting
Case
Prospective
Recovery

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DARE MIGHTY THINGS.

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 Accept the case
– Communicate with the client
– Get to work!!
 Decline the case
– Communicate with the client
– Don’t second guess your decision
Step Five: Make a Decision

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 Rich Mrazik
– rmrazik@parsonsbehle.com
– 801.536.6931
 Mike Young
– myoung@parsonsbehle.com
– 801.536.6963
Questions?