1.18.11

• In Rem- court must have subject matter jurisdiction & personal jurisdiction. Once in awhile a substitute for personal jurisdiction is necessary. EX Two people who have never been to Montana have dispute over property in Montana. Judgment effects Montana, therefore IN REM jurisdiction is granted to Montana courts.

• Quasi in rem- Same as above, except that the Montana property in not the heart of the dispute, but solution may be judgment for money, in which a liquidation of assets may lead to sale of real property in Montana, therefore QUASI IN REM jurisdiction applies. Both are substitutions for personal jurisdiction, not exceptions.

➢ How is in rem/quasi in rem applied?- Plaintiff may decide. Must allege jurisdiction in complaint.

Relation Back Doctrine
• If you originally filed before any Statute of Limitations had run out, then you may amend for both.
• "Justice Delayed is Justice Denied"
• Goes back to date of filing and allows you to add any causes of action, which you could have added at the time of filing.
• Amendments generally accepted.
• Adding additional parties much more difficult.

• p65. 6b.
➢ Figure out what the question is as soon as possible.
➢ Websites must make specific offer, informational advertising not sufficient for minimum contact to support long arm statutes.
➢ Read facts carefully for clues- "information, no orders".
➢ Analysis- start with law
• This is a question of min contacts, is defendant liable to be sued in Maine?
• Does Go a Weigh have sufficient minimum contacts with the state of Maine to be liable under Long arm statutes?
• But, they are making money in Maine, 1% of profits from Maine, is that sufficient for jurisdiction?
• Are sales "systematic and continuous"? (Int'l Shoe-"systematic & continuous" is test).

Fees v. Cost
➢ Fees- go into pocket
➢ Cost- out of pocket -EX filing fees, expert witness fees, etc.
• Fee is EXCLUSIVE of cost. Attorney gets fee & costs. Client is REQUIRED to pay cost. RPC- 1.8(e) "A lawyer shall not, while representing a client in connection with contemplated or pending litigation, advance or guarantee financial assistance to a client, ...".
• Costs are in addition to fee.
• Costs may be paid as you go, or advanced by lawyer, but must ultimately be paid client.
• What if case is lost and costs are not remitted? Lawyer must make reasonable attempt to recover. ie. send letter (don't expect response).
• Make this clear to client.
• Paralegal may not set/establish fee, but may quote fee.
• Fee agreement must be in writing
• RPC 1.5(b) - "preferably in writing"- interpret as ALWAYS in writing
• The Bar is there to protect public, not you.
• Fee sharing- with non-lawyer-NO
• with lawyer-YES -RPC 1.5(e) "in proportion to services provided". No referral fee.

Accounting
➢ Must provide client with written accounting of all fees and expenses. RPC 1.5b & RPC 1.5c(3)
➢ Client must sign off on Distribution sheet. Get proof of approval.
➢ 3 Different Accounts
1. Trust Account- IOLTA (Interest on Lawyers Trust Account)
• RPC 1.15A(i)(2)(ii). Interest goes to State Bar for indigent legal services.
• Flat rate payment- into trust account. Fees billed to client and attorney is paid out of trust account as work is done.
• Accounting must be meticulous. Any impropriety here can easily lead to disbarment. This is not your money. DO NOT screw this up.
2. General Account- Property of Attorney
• Attorney fees
• Pay rent, staff paychecks, etc. from this account.
3. Cost Account
• Recovered costs deposited here, and used to advance future costs.
• If more cost money is needed, it may be borrowed from General acct, NOT TRUST ACCOUNT that money belongs to someone else.
• Un-recovered costs may be written off for tax purposes.

Client Interview
➢ Client is primary source of information, but has a "filtered" view of the facts. Stay objective
➢ Do not forget that you are also being interviewed.
➢ Things Clients are looking for:
1. Confidence- important to instill faith in client
2. Professional- attire & demeanor
3. Competence- know how to fix problem
4. Knowledgeable- experience with this area of law
5. Informative- be able to communicate effectively ("here's you problem, here's how we're going to solve it")
6. Caring- let client know that they matter to you. Give full attention.

Preparing for Client Interview
➢ Research ahead of time, know enough to discuss intelligently with client.
• Other Tips
➢ Set meeting ASAP- let them know you take their problem seriously
➢ Chance to lose client +10% each day you wait
➢ More info the better, "bring everything"
➢ Don't ask too many questions on phone
• Do verify (for personal injury case)
1. Statute of limitations
2. Who is at fault
3. Insurance

Review of letter p.90
➢ Checklist not personable
➢ Form letters ok, but adjust to suit situation
➢ This letter should be a phone call!
• Don't wait so long for initial interview
• Interview
➢ Doesn't have to be at office
• Going to client shows you care
• Do not go into client home unless unavoidable- Safety first
• Meet in public (Starbucks, Denny's, etc.)

Client Reminders
➢ Can be annoying, may be construed as insulting
➢ If you need to call, make an excuse,
• EX "did I mention the police report? Be sure to bring that, I'll see you at 3:00"
➢ Do not panic if you don't get all the information at the first meeting
• 2nd meetings- clients love contact