PA203 Interviewing and Investigating

1. PA203 Interviewing and Investigating Unit 2 – Preparing for the Interview

2. Unit 2 • First determine what is the goal of the interview • Every interview has the same structure, regardless of the goal or who you are interviewing • Preparing for the interview, the opening, the body, and the closing of the interview

3. Unit 2 • The interviewee’s existing knowledge • The interviewee’s perceived knowledge • The interviewee’s background

4. Unit 2 • Example: case agent in husband killer case • What is her existing knowledge • What is her perceived knowledge • What is her background

5. Unit 2 • Here is what I did to prepare to interview her: • 1. I read all of the police reports, and paid particular attention to the ones she wrote. • 2. I thought about what her theory of the case might be. • 3. I wrote general questions about her background

6. Unit 2 • 1. by reading the reports, I learned what she actually knew about the case and could ask her specifics about what she did. I had also already viewed the evidence the police had in their possession.

7. Unit 2 • 2. I also asked her questions about her theories of the case, the information she believed, or perceived, that she had about the case

8. Unit 2 • 3. I asked her specific questions about her background, ie, how long she had been with Scottsdale PD, how long she had been a detective, on how many other murder cases she had been the case agent.

9. Unit 2 • Let’s talk about getting to know a client…the client interview

10. Reasons we need to know our clients 1. build trust and confidence 2. understand their background 3. keep lines of communication open 4. the only way to effectively represent them 5. ethical rules require it 6. it could save their life

11. Ethical rules require it ER 1.4. Communication(a) A lawyer shall:(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in ER 1.0(e), is required by these Rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;

12. Ethical rules require it (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and

13. Ethical rules require it (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.

14. What about the difficult client? • You are doing an initial interview with a client who wants to sue a trucking company for a relatively minor car accident they caused him. • He tells you that he wasn’t really injured, but he wants to sue anyways. • What questions would you ask him?

15. Sage advice from a law professor of mine • If you think you will only have clients you like, you won’t be in the practice for very long

16. Opening the Interview • First greet the interviewee, then explain who you are, the purpose of the interview, and any ground rules (eg, if you don’t understand my question, please ask me for clarification) • Use good eye contact • Record or take notes

17. Opening the Interview • Your e-book for Unit 2 gives other great examples so please review it

18. Body of the Interview • Have an outline prepared and use it • Use it as a guide to find out what you need to find out • Think of it as a conversation with a purpose

19. Here’s an example I. The Day of the Accident • A. What time did you leave your house? • B. What were you doing (walking, riding a bike, driving)? • C. Where were you going? • 1. How long does it normally take to get there? • 2. How often do you go there? • 3. Anything unusual on the day of the accident?

20. Outline example II. The Hour of the Accident • A. What were you doing between 2 and 3 P.M. on Saturday the • 12th of June? • B. Why were you there? • C. How do you know what time you were there? • 1. Where are you usually between 2 and 3 on Saturdays? • 2. Why was this Saturday any different or the same?

21. Body of the interview • Remember, there’s no right or wrong way to do this, just techniques. Each case will have different facts and different information you need to gather but developing a standard procedure for what works best for you

22. Closing the Interview • End the interview but not the relationship. • “These are all the questions I have. Is there anything else you remember that I have not asked you but that you recall now that we’ve discussed the (accident, crime, etc.)?”

23. Closing the Interview • “Can I contact you later if I have any other questions?”

24. Unit 3 written assignment • In January, 2002, Bill and Hillary were driving on a country road in Chappaqua, New York, when they were struck head-on by a snowplow. At the time of the accident, visibility was low and both the snowplow and the SUV that Bill was driving were traveling at low speeds. As a result of the accident, Bill suffered a fractured vertebra, a broken arm, and multiple tears along his back and shoulders. He also received cuts and bruises on his face. Bill has accumulated many medical expenses since the accident and now he is bringing an action against the county and state for his injuries, lost wages, and loss of consortium.

25. Unit 3 assignment • Your firm has been retained to represent Bill. By the time you enter the case, Bill is back to work, and he is hard at work finishing up his memoir. He is continuing to incur medical expenses. However, some of the charges have inadvertently been charged to his HMO plan rather than being held out for payment as related to the litigation. You have been asked to calculate the medical expenses and manage the billing of the services.

26. Unit 3 assignment • You contact the doctor’s office for Bill’s medical records (with his permission and HIPPA consent) and the billing statements. You also contact Bill’s HMO and ask for their records of services billed. • While you await the medical records from one of Bill’s doctors, you decide to do some sleuthing regarding the “typical” costs for various services related to the medical care that Bill received as a result of his accident. You know the agreed to fees have been negotiated as a result of the litigation, but you think that some additional research can’t hurt. • The medical records arrive by courier from the doctor’s office (your firm is charged $100.00 for the courier service) and you receive the fax from the HMO. You begin your analysis and comparison of the medical records with the HMO charges. You immediately see there are discrepancies. You see several payments to the doctor by the HMO that do not appear in the medical records. There seem to be some laboratory charges for hemodialysis over the course of several months. You make a note to research hemodialysis.

27. Unit 3 assignment • Mis-Billings. Hemodialysis is $540.00 for each session and there are three (3) over the course of four (4) months. Calculate the total of these charges by month and a grand-total. In addition, there are payments for subsequent hospital care that are well after when Bill returned to work full-time. These correspond roughly to the same time period as the lab charges. The number per month and the number of months is identical to that of the hemodialysis. Each charge is $200.00. Calculate the total of these charges by month and a grand-total. You make a note to ask Bill about this.

28. Unit 3 assignment • Overcharges. As you continue your review, you realize that some of the charges sent in to the HMO are higher than what your research identified as “typical” costs and they are higher than what will be allowed under the terms of the litigation. • Medical ServiceCharged to the HMOAgreed to Coverage Typical CostOffice Visit $60.00$45.00 $47.50 Pain Medication $120.00 $100.00 $85.75Plastic Surgery $15,000$15,000 $14,000Physical Therapy $75.00 (per visit) $55.00 $50.00Chiropractor$100.00 (per visit) $70.00$57.00

29. Unit 3 assignment • Calculate the following: • The percentage overage (if any) of the charges for each service charged to the HMO compared to the agreed to coverage and the typical cost; • The difference between the charges for each services charged to the HMO compared to the agreed to coverage and the typical cost; • The total of the overages based on the following information: 6-office visits, 4-pain medication prescriptions, 10-physical therapy visits, 10-chiropractic visits, and one plastic surgery; and For 1) and 2), you might create a table similar to the one below: Medical Service Charged to HMOAgreed to% diff $ diff Typical Cost % diff $ diff

30. Unit 3 assignment • The total for all discrepancies (overcharges and mis-billings) • Be sure to record the specific dates for each discrepant event (you will want to ask Bill about these when you speak with him.) • Schedule an interview with Bill to discuss his medical bills and any possible questionable actions by the treating physician. Ask him to come into the office so that you will be able to review the records and your analysis with him in person. • Conduct research to determine what type of action(s) might be involved in over billing an HMO. Locate at least two sources, such as a statute and case, and cite to these in your paper.

31. Unit 3 assignment • Draft 20-interview questions for your interview with Bill. Your goal is to obtain information from Bill in an effort to verify what is being charged. You will need to convey to him that you need to be able to accurately calculate the medical expenses so that you can manage the billing. • Draft 20 interview questions for gathering information from additional witnesses (e.g., medical office personnel). Group the questions by witness. Address questions to a minimum 3 additional witnesses. • Identify difficulties you will face in interviewing Bill and the other witnesses. Support your response with a well-reasoned rationale.

32. Unit 3 assignment • Submit to the dropbox by the end of Unit 3 the following; • a) The calculations in #1 – 4 • b) Citation to at least two sources such as a statute and case. • c) 20-interview questions for Bill • d) 20-interview questions for other witnesses • e) A list of difficulties that you may face in interviewing Bill and the other witnesses.

33. Have a wonderful week! • Finish Unit 2 assignment by tomorrow night • If you haven’t done the quiz yet, please do so asap, it is also due tomorrow night • See you next week!