SCREENING A CASE: THE GOOD, THE BAD AND THE UGLY

KAY REDBURNNATALIE L. WEBB

The Webb Family Law Firm, P.C.325 N. St. Paul Street, Suite 4450

Dallas, TX 75201Phone: (214) 871-2730

Fax: (214) 871-9339

State Bar of TexasFAMILY LAW 101 COURSE

August 5, 2012Houston

CHAPTER 1

KAY REDBURNThe Webb Family Law Firm

325 N. St. Paul, Suite 4450Dallas, Texas 75201

(214) 871-2730(214) 871-9339 FAX

Certifications/ Board Certified Paralegal - Family Law - Texas Board of Legal Specialization, 2003Awards: Paralegal of the Year, 2006, Dallas Area Paralegal Association

President’s Award, Texas Academy of Family Law Specialists, 2008Volunteer of the Year, Mesquite Police Department, 2008

Employment:

1996 - present Sr. Paralegal to Brian L. Webb, The Webb Family Law Firm, P.C.

1995-1996 Owner, Per Diem Legal Resource, Free lance legal assistant/paralegal services to attorneysin the area of family law

1992- 1995 Legal Assistant/paralegal to Brian L. Webb; McCurley, Webb, Kinser, McCurley & Nelson, L.L.P.

1990-1992 Legal Assistant/paralegal to Charles H. Robertson, Laurence DePlaza; Robertson & Holmes, Dallas, Texas

1985-1990 Legal Assistant/paralegal to Thomas C. Railsback, Dallas, Texas

1983-1985 Legal Assistant to Leota H. Alexander, Dallas, Texas Education: University of Texas at Austin, 1973-1975, major: Psychology

El Centro Community College, 12 hrs, Paralegal Studies Assoc. Degree ProgramMesquite Citizen Police Academy, 21 class, 2005st

Offices/Committees: Ethics and Professional Responsibility Coordinator, National Federation of Paralegal Associations, 2005-2007;Founding Member, Paralegal Advisory Commission, Family Law, Texas Board of Legal

Specialization, 1993- 2000; Member 2005-2007; chair 2007 - 2011;Member, State Bar of Texas Standing Committee on Paralegals, 1995-present;Paralegal Liaison/Parliamentarian, Texas Academy of Family Law Specialists, 2004-

present;Paralegal Committee, Family Law Section, State Bar of Texas, 1994-present;Chair, Professional Ethics Committee, Legal Assistants Division, State Bar of

Texas, 1994-1996;Paralegal Advisory Committee, El Centro College, 1993-1996, Chair 1996-present;

Chair, Ethics Committee, Dallas Area Paralegal Association, 2009 - present;Legal Assistants' Liaison, Family Law Section, Dallas Bar Association, 1994-

1997;Member, Dallas OK Commission, 1997;Local Subcommittee Chair, Professional Ethics Committee, Legal Assistants

Division, State Bar of Texas, 1991-1994;Membership Vice-President, Dallas Association of Legal Assistants, 1991-

1993; Assistant Chair, Family Law Section, Dallas Association of Legal Assistants,

1993;Assistant Newsletter Editor, Dallas Association of Legal Assistants, 1990-1992;Mesquite Citizen Police Academy Alumni Association, Vice-President, 2007-2011

Memberships: Paralegal Division, State Bar of TexasTexas Academy of Family Law SpecialistsFamily Law Section, State Bar of TexasFamily Law Section, Dallas Bar AssociationTexas Family Law Foundation College of the State Bar of Texas, Legal Assistants Division - Charter MemberDallas Area Paralegal Association Mesquite Citizen Police Academy Alumni Association

Author and Speaker: “iOffice, eOffice and YourOffice? A Discussion with Parlegals and Their Attorneys” with

Dian Friedman, Shannon Armstrong, Nikki George, Sarah Ermis and Brian L. Webb,Advanced Family Law Drafting Course 2011, December 2011

“Working with, not Against, Your Client” with Kimberly Naylor and Betty Blackwell,State Bar of Texas CLE Webcast, September 2011

“Ethics in Litigation”, Dallas Area Paralegal Association Litigation Section, July 2011

“Attacking and Defending Mediated Settlement Agreements and Rule 11 Agreements”authored with Brian L. Webb, Chetammia Holmes, Natalie L. Webb and Brant M. Webb,34 Annual Marriage Dissolution Course, April 2011th

“Client Relations”, with Kimberly Naylor, Boot Camp, 36 Annual Advanced Family Lawth

Course, August 2010

“The Paralegal’s Role in the Family Law Jury Trial”, with panel: Dr. Jan Delipsey, JohnT. Eck, Hon. Mary Ellen Hicks, Janet McCullar Vavra, Mike McCurley, and Glenn A.Perry, 35 Annual Advanced Family Law Course, August 2009 th

“You and Your Shadow Paralegal” with Brian L. Webb, Jim Loveless, Pam Farris,Advanced Family Law Drafting Course, December 2008

“The Team Approach in a Family Law Practice” with Brian L. Webb, 30 Annualth

Marriage Dissolution Boot Camp, May, 2007

“Protecting your Attorney/Professionalism from the Paralegal Standpoint” 32 Annualnd

Advanced Family Law Boot Camp, August 2006

Co-Course Director with Heather King, “Practical Aspects of Enhancing your LegalPractice” 29 Annual Marriage Dissolution Institute Boot Camp, April 2006th

Co-Course Director with Brian L. Webb, “The Attorney and Legal Assistant Team: YouCan’t Do It Alone!” 28 Annual Marriage Dissolution Institute Boot Camp, April 2005th

“Pathway to Your Future - Family Law”, Dallas Area Paralegal Association Career Day,2005

“Ethics and the Paralegal”, Legal Assisting in Texas, November, 2004

“Ethics for the Paralegal” , Paralegal Career Symposium, Charting your Course, DallasArea Paralegal Association, Fort Worth Paralegal Association, State Bar of Texas LegalAssistants Division, September 11, 2004

“Use and Abuse of Legal Assistants in a Family Law Practice” , with Charles Hodges,Heather King, Julie Pruett Crawford and Melissa Johnston, 28 Annual Advanced Familyth

Law Course, August, 2002

“The Utilization of Legal Assistants in a Law Office and Legal Assistant Ethics”, CollinCounty Legal Association, April, 2002

“Custody Issues and Grandparent Access”, with Miriam L. Ackels, Legal AssistantUniversity, September, 2001

“Effective Use of Legal Assistants in a Family Law Practice”, with Brian L. Webb, GaryNickelson and Coye Conner, Jr., 27 Annual Advanced Family Law Course, August, 2001th

“Taking the Case to Trial”, with Brian L. Webb, Texas Family Law Practice forParalegals, March, 2001

“Organizing the Trial Notebook”, with Brian L. Webb, James Loveless, Kimberly Naylorand Sherri Evans, The Ultimate Trial Notebook: Family Law, December, 2000

“Economics of Running a Law Practice”, with James Loveless, Dennis Brewer, DouglasHarrison, Curtis Loveless and Roy Moore, 25 Annual Advanced Family Law Course,th

August, 1999

“Handling Custody Disputes”, with Brian L. Webb, Texas Family Law Practice forParalegals, April, 1999

“Effective Utilization of Legal Assistant and Staff”, with Brian L. Webb, Coye Conner, Jr.,and Barbara Calcote; 24 Annual Advanced Family Law Course, August, 1998th

“Utilization of the Legal Assistant”, with Brian L. Webb, Tarrant County Family Law BarAssociation Meeting, June 1998

“Ethics in Your Practice”, Advanced Civil Trial Seminar, Legal Assistants Division, StateBar of Texas, April 1998

“Basic Malpractice Prevention”, Nuts and Bolts General Practice Skills Course, LegalAssistants Division, State Bar of Texas and Dallas Association of Young Lawyers, October1996

“Practical(ly) Legal Tips for Making Money with Your Legal Assistant”, Dallas BarAssociation Family Law Section Meeting (with Brian L. Webb), September 1996

“Effective Use of Legal Assistants - How to Make Time and Money”, Advanced FamilyLaw Course, Dallas, Texas (co-authored with Barbara Calcote, Brian L. Webb and CoyeConner, Jr.) August 1995

“Scruples”, quarterly column on ethics in Texas Paralegal Journal, (1995-1996)

“Texas Family Law Practice for Paralegals”, Clearwater Information Systems, Inc., Dallas,1995 - Ethics - What is it and Why Should You Care? and How to Recognize and Deal withthe Battered Wife (article by Christine Albano)

“Texas Family Law Practice for Paralegals”, Clearwater Information Systems, Inc.,Arlington, 1994 - Overview of the Texas Disciplinary Rules of Professional Conduct(article written with Mike McCurley)

“The Trial Notebook”, co-authored with Mike McCurley, Family Law Handbook for theParalegal, Professional Education Systems, Inc., Dallas/Houston, 1992

“Child Support Cases - How to Turn Lead into Gold”, co-authored with Charles H.Robertson, Family Law - The Team Approach for the Legal Assistant and the Lawyer,State Bar of Texas, Austin, Texas, 1990; and Family Law Handbook for the Paralegal,Professional Education Systems, Inc., Dallas/Houston, 1992

“Communication - the Key to Gaining and Maintaining the Confidence of the Client andthe Opposition”, co-authored with Harry Tindall, Scott Cook, Luanne Riley-Thomas andN. Roberts, Family Law for Legal Assistants and Attorneys, State Bar of Texas, CorpusChristi, Texas, 1987

NATALIE L. WEBBThe Webb Family Law Firm, P.C.325 N. St. Paul Street, Suite 4450

Dallas, Texas 75201Telephone: (214) 871-2730Facsimile: (214) 871-9339

Email: natalie@webbfamilylaw.com

EDUCATION AND LICENSURE

Southern Methodist University Dedman School of Law, J.D., 2008, Cum LaudeAssociate Managing Editor, International Law ReviewChief Justice, W.W. Caruth Child Advocacy Clinic

Trinity University, B.S., International Business, 2004Admitted to the State Bar of Texas 2008

EXPERIENCE

May 2008 to the present The Webb Family Law Firm, P.C. Dallas, TexasSummers 2005 & 2006 Texas Court of Appeals, 8 District, El Paso, Texasth

PROFESSIONAL AFFILIATIONS

State Bar of TexasDallas Bar AssociationDallas Bar Association - Family Law Section Dallas Association of Young LawyersTexas Family Law FoundationTexas Family Law Foundation Membership Committee 2012 - presentMember, Formbook Committee, Texas Family Law Practice ManualMember, College of the State Bar of TexasArlington Hall and Lee Park Junior ConservatoryBoard Member, Trinity University Alumni Board - Dallas Chapter 2010-2012President, Trinity University Alumni Board - Dallas Chapter 2012 - present

AUTHOR AND SPEAKER

Legislative Update: Family Law Section Perspective, Co-Author with K. Nicole Voyles, AdvancedFamily Law Course, San Antonio, Texas, August 11-14, 2008.

Parenting Across State Lines: Navigating Through the HC, UCCJEA, PKPA, and UIFSA, Co-Author with K. Nicole Voyles, Parent-Child Relationships, Austin, TX January 29-30, 2009.

Paternity Fraud in Texas - The Great Debate, Co-Author with Chetammia Holmes, UTCLE FamilyLaw on the Front Lines, San Antonio, Texas, June 18-19, 2009.

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Changes in Property and Trends for the Future, Speaker and Co-Author with Chetammia Holmes,2009 Advanced Family Law Course, Dallas, Texas, August 3 - 6, 2009.

Who's Your Daddy? Paternity Fraud in Texas, Co-Author with Chetammia Holmes, UTCLE FamilyLaw on the Front Lines, San Antonio, Texas, July 1-2, 2010.

Attacking and Defending Mediated Settlement Agreements and Rule 11 Agreements, Co-Author withBrian L. Webb, Chetammia Holmes, Brant M. Webb, and Kay Redburn, 34th Annual MarriageDissolution Institute, Austin, Texas, April 28-29, 2011.

Discovery Requests in the 21st Century: Not Much Different than They Used to Be, Co-Author with Brian L. Webb, Brant M. Webb, Chetammia A. Holmes, and Kay Redburn, 37th Annual AdvancedFamily Law Course, San Antonio, Texas, August 1-4, 2011.

Hidden Gems in the Family Law Practice Manual, Speaker and Co-Author with Brant Webb,Advanced Family Drafting, Dallas, Texas, December 8-9, 2011.

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TABLE OF CONTENTS

I. Introduction…………………………………………………………………………………..…1

II. Initial Client Contact........ …………………………………………………….……………….1

A. Phone Call........................………………………………..………………….…….1

B. Telephone Conference....................................................………………………….2

C. Email………………………....................................................................................2

D. Conflict Check ………………………................................................................…3

E. Red Flags………….............................................................................................…3

F. Optional Pre-Screening Procedures……........………………..…………...…...….3

G. Talk About Money…..………….…...................................................................….4

H. Consultation with Potential Client = Confidential……...……………........…...….4

III. Conclusion…………………………………….................……………………………..…...…4

Appendix A…………………………………….................................................…………..…...…5

Appendix B……………………………….......................................................…..………..…...…7

Screening a Case: The Good, the Bad and the Ugly Chapter 1

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SCREENING A CASE:THE GOOD, THE BAD AND THE UGLY

I. Introduction

“You never get a second chance to make a first impression.” Intalking about screening a case, you must also realize that the prospective client isscreening you, too. What kind of first impression does your firm make? Who answersthe phone? Is it a live person or a recorded menu? What do they say? Have you calledyour own office “incognito” to experience what a potential client experiences? Have youtrained the people answering your phones in how to handle prospective client calls?

The person calling your office is likely going one of the most painful of life’sevents, the failure of a marriage. It is a significant cause of emotional stress. In fact,many attorneys believe that clients go through the same five-stage psychological processthat terminally ill individuals experience. Elizabeth Kubler-Ross, On Death and Dying(1969). Those five stages are:

A. Denial

B. AngerC. BargainingD. DepressionE. Acceptance

The initial contact with a potential client may find them at one of these stages. Most of the time our first dealings with clients is when they are in the denial or angerstage and are probably not seeing things very clearly. It is important to realize that whenengaging in the initial contact with the prospective client.

II. Initial Client Contact

The beginning of the client relationship starts the moment the potential client contactsyour office. So, remember that this is our first (and maybe only!) chance to make a greatimpression.

A. Phone Call

The first contact by a client with a family law attorney is usually by way of a telephonecall to the attorney’s office. Many times, the potential client will call and ask directly forthe attorney. The best practice is to NOT speak with the potential client initially on thetelephone. It is better for a paralegal or legal assistant to be trained to tell the person, in avery polite way, that the attorney will not give initial advice over the telephone, and thatthe person needs to come in for an initial consultation. The very first thing the paralegalmust do is a conflict check. If there is a conflict, it will save both the law firm and theprospective client time by discovering this before any other actions are taken. If there is

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not a conflict, there are basic things that the paralegal can tell the potential client over thephone to help them become comfortable with the firm, and information that can begathered to help the attorney in the initial interview. This process can also be used toidentify “red flags” regarding the client. Some suggested initial questions are attached asAppendix A, which were taken from the Family Law Section’s newly revised Ultimate Tlists.

If your staff cannot speak with a potential client when they call, train them to return theircall as soon as possible. Many times potential clients will have several attorneys thatthey are calling and they are more likely to hire the attorney that promptly returns theircall and schedules them an appointment. If a paralegal cannot return the callimmediately, have the receptionist ask a few basic questions and give basic informationto the client, like whether or not there is a charge for a consultation, hourly rates and thelike. Clients appreciate a firm that is up front about the cost and charges involved. Thiswill also “weed out” prospective clients who perhaps cannot afford your firm. In thatevent, have the receptionist give them the contact information for the Texas Lawyer’sReferral Information Service, 1-877-983-9227, www.texasbar.com/lris. An example ofthese basic pre-screening questions is attached as Appendix B.

B. Telephone Conference

Speaking with potential clients on the telephone may be necessary if the person is callingfrom out of town or has a disability and may not be able to come in for an initialconsultation in a timely manner. In that instance, it is best for your paralegal or legalassistant to schedule a telephone conference at another time after the initial screening.

Have your secretary explain that they will be charged for the telephone conference just asthey would have been for an initial interview. Fax them an intake sheet so that they cancomplete that prior to your conference. If you are not set up to take credit cards for theconsultation fee, have them send a check prior to the phone conference.

C. Email

BEWARE of communicating with potential clients via email. Absent encryption, thecommunication is not secure and you have no verification that the person that you arecommunicating with is really the person that they are representing to be. Interception ofe-mail by a third party is a very real risk. Spouses who are not yet separated may haveaccess to the other party’s email. Always beware of giving legal advice via email. Itmay come back to haunt you.

If a person with Internet access can send an e-mail to your law firm, it increases the riskof receiving unwanted confidential information that may cause conflicts with existing orpotential clients.

A prospective client can click on the “contact us” button and send an e-mail to a lawyerin your law firm, which potentially can disqualify the firm from representing an existing

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client. With your website, consider having any “contact us” e-mails go to a Webmasteror other designated person to screen for conflicts. Develop a protocol for who in yourfirm answers this type of email and how the information is disseminated in the firm. Thewebsite should also include a disclaimer explaining that you or your firm cannotrepresent the person making contact online until there is a discussion, an agreement and asigned written statement confirming the engagement.

D. Conflict check

Have someone ALWAYS do a conflict check before speaking or meeting with a potentialclient. There are software programs you can purchase or you should come up with asystem in your office to make sure a conflict does not arise. This can be as simple as analphabetical list of persons who have contacted your office regarding representation.

E. Red Flags

There are several common “Red Flags” that you should consider before even schedulinga potential client for an interview. They include, but are not limited to:

i. Number of prior attorneys representing the prospective client;ii. Unrealistic expectation of being able to pay legal fees (“Money is no

object”);iii. Serious mental disabilities;iv. Criminal behavior;v. Hearings and/or trial in the very near future;vi. Third parties paying the legal fees and expecting to control the litigation

process;vii. Prospective client unwilling to have you contact or talk to prior counsel;viii. Grievances filed on prior attorneys.

F. Optional Pre-Screening Procedures

There are various actions someone in your office can take to easily gather readilyaccessible information regarding prospective clients that may help you in determiningwhether or not you would accept their case. They include utilizing Google, Facebook,on-line access to criminal/civil court records (if available) and Central Appraisal Districtwebsites.

For (an extreme) example, Joe Z. Smith calls about scheduling an appointment with anattorney in your firm to discuss a divorce. He tells the paralegal (or whomever is pre-screening the call) that he is the CEO of Industrial Widget Corporation. He states thatlots of money is involved and that he has a big house in Dallas. He says money is noobject, and his wife, Jenny Q. Smith, has a serious drinking problem.

Before Mr. Smith comes in to meet with the attorney, the paralegal Googles “Joe Z.Smith” and finds out that he is, in fact, the CEO of Industrial Widget Corporation.

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Googling the company, it is learned that the company is rumored to be in seriousfinancial straits. Then, using the Dallas Central Appraisal District web site, searching forproperties under the name “Joe Z. Smith” one property is located, a residence in an olderpart of Dallas that has a tax appraisal value of $180,000. Googling “Jenny Q. Smith”finds that she is a volunteer in her church, and is president of the PTA in their schooldistrict. Using the Dallas County online record search web site, you discover that Mr.Joe Z. Smith has had one DWI in the last year. There are no criminal records for Mrs.Smith. Lastly, a search of Facebook reveals that Mr. Smith has a profile with publicaccess, showing pictures of a trip to Mexico with a business “colleague” named BunnyJones.

G. Talk about money!!!

Most attorneys and staff HATE talking to clients about money. But clients appreciate itif you are upfront about fees, hourly rates, and the like. During the pre-screeningprocess, be sure to tell them (even if they don’t ask) if there is a charge for theconsultation, what the hourly rates are and how they will find out what the retainer wouldbe. Even in the pre-screening stage, potential clients frequently ask“How much is thisgoing to cost?” – a question to which there is no predictable answer. There are too manyvariables involved in trying to make that prediction, but they can discuss it with theattorney during the consultation.

H. Consultation with Potential Client = Confidential

Remember that if you consult with a potential client who does not retain you, it may stillresult in an attorney-client relationship and ongoing duty to protect client confidence. The Supreme Court of Texas Professional Ethics Committee, Opinion Number 494 and532.

Other persons with whom you may be partners or associated in the practice of law will insome ways be subject to the same rules as you with respect to this client. See e.g.T.D.R.P.C. Rules 1.06(f), 1.07(e), 1.08(i), 1.09(b)(c).

III. Conclusion

Your relationship with your clients is the heart and soul of your practice, for withoutclients you would not have a practice. Treat them as you would want to be treated, withrespect and consideration for what they are going through. This begins with the firstcontact with your firm. Be sure that your staff is properly trained to make the best firstimpression possible. Even if they decide not to make that appointment for the initialconsultation, if you treat them with dignity they will end the call with a good feelingabout the firm. You never know when someone who didn’t consult with you might referyou the next great case.

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APPENDIX A

CHECKLIST OF INITIAL CLIENT SCREENING/INTERVIEW(Partial chapter from the 2010 edition of The Ultimate Tlists)

A. PRE-INTERVIEW/SCREENING (AS APPLICABLE)

____ Names of parties/conflicts check____ Name of referral source____ County of residence____ Nature of services needed____ Previous consultations/representation____ Contact phone number or e-mail____ Consultation fee charged, if applicable

i. Divorce___ Filing status (has case been filed yet?)___ If filed, what court?___ Name of opposing counsel___ Current settings/deadlines?___ Date of marriage___ Children/custody issues___ Family violence___ Property issues___ Either/both parties have separate property estates?___ Do parties have prenuptial agreement?

ii. Modification and/or Enforcement___ Filing status (has case been filed yet?)___ If filed, what court?___ Name of opposing counsel___ Current settings/deadlines?___ Date of prior order___ Child support or possession?___ Family violence

iii. Premarital Agreements___ Date of anticipated marriage___ Opposing counsel___ What is future Wife’s current estate generally?___ What is future Husband’s current estate generally?

iv. Paternity ___ Filing status (has case been filed yet?)___ If filed, what court?___ Name of opposing counsel

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___ Current settings/deadlines?___ Date and place of birth of child___ Current location of child and other parent___ Paternity testing - voluntary or need court order___ Name of father on birth certificate?___ Acknowledgment of Paternity signed?

v. Other___ Nature of services needed___ Location of residence(s) of all parties

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APPENDIX B

Pre-screening questions for prospective clients (short form)

Name: ____________________________________________________ _D_a_t_e_: _________

Who were you referred by, or how did you locate our firm? _______________________________________________________________________

Opposing party’s name: _______________________________________________________________________

What is this concerning? (Divorce, modification, child support, paternity, prenuptialagreement, other)________________________________________________________________________

Has anything been filed with the Court yet?_____________________________________

If so, is there a hearing date set? ____________ When? ___________________________

If this is for a prenuptial agreement, date of the marriage? _________________________

What county do you live in? _____________________ Have you lived there longer than90 days? __________ Have you lived in Texas longer than 6 months? ___________

Does the opposing party live in a different county? If so, which one? ______________

Are you currently represented by an attorney? N_a_m__e_: _____________________________

Is the opposing party currently represented by an attorney? N__a_m_e_:_ __________________ If you wish to schedule a consultation with ______, the charge is $___. For otherattorneys in the firm, $___. If yes, I will have a paralegal contact you. Phone number tocall to schedule the consultation: ______________________________

Consult with Mr. Webb or other attorney:______________________________________

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