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Here is our form 1121, a short summary that pins the attorney down to his/her best estimate, in a few short questions.  It is suitable for either a report to a plaintiff, or to a defendant, or to an insurer.

DEFENSE ATTORNEY'S SUIT Summary Short REPORT 

BOC FORM 1121

I want to give you this short and to the point summary of the case at this time.   It is in executive summary format, so you will not waste time reading it.

1. Client's name: (use separate sheet for each client)

2. City and state of trial:

3. Estimated - Actual - (circle one) Trial date:

4. Is trial by judge or jury?

5. Is the investigation (not trial preparation) of this case complete?

[If not, then list on separate sheet the items: 

(a) that you intend to do or     

b) that you want client to do or     

(c) that you want insurance claims person to do.]

6. What is the main strength of the claimant's liability case?

7. What is the main strength of the defense's liability case?

8. What are our probable chances of winning on trial? (circle one)

(Better than 67%, i.e., good)                (Fair, i.e., about 50%)            (Less than 33%,  i.e., poor)

9. What are our chances of winning on appeal if the case is tried and lost? (circle one)

Good?                                                         Fair?                                             Poor?

10. What are types and amounts of special damages claimed to date?

 

11. No one can guarantee what a judge or a jury can do, but what do you now consider a probable range of verdict if the case is tried and lost?

12. What is the lowest settlement figure received from the plaintiff? $

13. Do you recommend its acceptance? If "no", what do you recommend?   $

14. What is the highest settlement figure offered to the plaintiff? $

15. What is the approximate total dollar amount of legal defense billed (paid or unpaid) in this case to date including experts and costs? $

16. If tried, what would be the approximate additional cost of defense from this date forward?

                            Atty Fees: $                                                         Other Costs: $

Dated:   _____________ and -Signed by ______________________, the  Trial Attorney expected to try case. Answers are trial attorney's opinion at this time only.   Changes in opinion can occur as new facts develop.

The investigation of this case is not complete. The major investigation items to be done are as follows.

a. By me or this law firm:

 

b. By the client:

 

c. By the insurance claims person, or outside investigator:

 

 

Other notes:

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© Copyright Leonard H. Bucklin 2000 to 01/30/2008 ©  All rights reserved.  No copying or distribution of this material may be made without the express written consent of the copyright holder.  For more information -  see the Legal Notices.