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Engagement Agreement

Engagement Agreement. Formalizes the attorney-client agreement Sets out the scope of the work Establishes the retainer system Specifies all costs and fees Addresses liens if default in payment. Demand Letter. Statement of representation Facts/events Request Deadline Consequence

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Engagement Agreement

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  1. Engagement Agreement • Formalizes the attorney-client agreement • Sets out the scope of the work • Establishes the retainer system • Specifies all costs and fees • Addresses liens if default in payment

  2. Demand Letter • Statement of representation • Facts/events • Request • Deadline • Consequence • Direction re communications

  3. California Court Hierarchy • California State • Superior Courts (58; 1 per county) • Limited Jurisdiction • Unlimited Jurisdiction • Courts of Appeal (6 districts) • Supreme Court

  4. Federal Court Hierarchy • District Courts (94 throughout U.S.) • Circuit Courts of Appeal (12) • U.S. Supreme Court

  5. The Parties to a California Case • The Plaintiff(s) • The Defendant(s) • The Counter-Claimant(s) • The Cross-Defendant(s)

  6. What Is a Real Party in Interest? The real party in interest is the one who actually possesses the substantive right being asserted and has a legal right to enforce the claim.

  7. R.P.I. Specific Scenarios to Know • Trust situations • Corporate situations • Assignments • Employers • Intended Third Party Beneficiaries

  8. Failure of R.P.I. • When the Plaintiff is not the R.P.I., the Defendant will be successful on demurrer.

  9. Capacity and Competence • Minors • Incompetents --Mental --Physical • Failure of capacity or competence must be raised in Defendant’s affirmative defenses in the Answer or it is waived.

  10. Joinder of Parties:Compulsory Joinders The Plaintiff is required to join in the lawsuit any person whose interest is such that in his/her absence, complete relief cannot be awarded or where judgment would prejudice the person’s rights in the same factual scenario.

  11. Joinder of Parties:Permissive Joinders Joinders are permitted by the Courts where the right to relief arises out of the same transaction or series of transactions, and where there is at least one common question of law or fact.

  12. Substitution of Parties upon Death A decedent’s representative may be substituted for the Plaintiff except in certain circumstances, such as where the claimed wrong is harm to the Plaintiff’s reputation, or in the case of pain and suffering claims.

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