Attorney: We’re about to begin the pre-trial discovery phase of this lawsuit against your opponent. Since it’s a straightforward, non-complex case, I think it makes sense to start by sending your opponent a set of written interrogatories.
Client: What are those?
A: Written interrogatories are questions we can ask your opponent to find out different things. First, what his factual or legal claims against you will be at trial. We can get a preview of that, so your opponent won’t surprise us later. Second, what evidence they have, or know of, to prove their claims, such as witnesses, documents, things like that.
C: Can they do the same thing to us?
A: Yes, each side can send, or “propound,” as many sets of written interrogatories to the other side as they want, so long as they don’t become so excessive that the judge would put a stop to it.
C: What do we do when we get interrogatories from them?
A: We’re allowed a set amount of time, like 30 days, to send back our written responses, meaning “reply” to their questions. Since you’re a party to the lawsuit, you’ll have to answer their questions under penalty of perjury, just as if you were on the witness stand in a courtroom.
C: Will I have to do that on my own, or will help me?
A: I can help you in a few ways. First, I’ll review the written interrogatories myself when they arrive. If any of their questions look objectionable or improper, I’ll flag them so you don’t have to answer them. I’ll state my objections in writing when we send back our complete responses.
C: What kinds of questions could be objectionable?
A: For example, any question that asks you to reveal what you and I talk about between ourselves, which is privileged attorney-client information. Or any question that asks about something totally private or totally unrelated to your lawsuit, such as what your tax returns look like.
C: What do we do about those questions that are not objectionable?
A: First, you need to review your records, files, and documents that relate to this lawsuit. Some of their questions will ask for that information. You’ll need to refresh your memory to answer their questions, or search for the requested information in your documents. Next, write out the best, most complete answers you can and show them to me. Remember, they’ll be under penalty of perjury.
C: Do you look at my proposed answers first to make sure they’re okay, before we sent them out?
A: Yes. We won’t send any written responses back to your opponent until I’ve double-checked your answers myself. My secretary will type them up in the proper format.
C: Do all interrogatories look the same?
A: No. Some of them I prepare myself, in my own words, as your attorney. Those are usually called “special interrogatories.” Then there are standard, pre-printed questions that are created by the court system for everyone to use. Those are called “form interrogatories.” Sometimes they’re nicknamed “canned” interrogatories.
C: How do you decide which to use?
A: It’s always less expensive to start with the pre-printed form interrogatories. There are different sets of form interrogatories, too. There are sets designed specifically for contract disputes, personal injury cases, family law, and the like. If there is a set designed for your case, we’ll use those.
C: When do you use special interrogatories?
A: When we have to zero in more closely on specific factual and legal issues in this particular case that the “canned” interrogatories don’t reach.
C: You must have sets of special interrogatories on your computer system that you’ve used in other lawsuits you’ve handled. Could you adapt them to my case to save money?
A: Yes, I may be able to re-use past special interrogatories for your case. Maybe not an entire set, but at least some of the questions.
C: How much will it cost for us to propound interrogatories, then?
A: Very little, if we’re just sending out form interrogatories. About a ½-hour of my time to get them ready to go. Then 1 - 2 hours after we get their written responses back for me to review their responses and discuss them with you.
C: How much will the legal fees be, then?
A: My rate is $250 per hour. If it takes about 1½ - 2½ total hours to send out a set of form interrogatories and then later review their answers, that would be $375 - $625 in legal fees.
C: And for special interrogatories?
A: Assuming that I draft about 30 - 40 questions per set, and assuming that I can re-use some of my special interrogatories from other past cases, then maybe 2 - 3 hours of my time to prepare a set of special interrogatories. Then another 1 - 2 hours afterward to review and discuss their responses with you.
C: How much does that add up to in legal fees?
A: Assuming it will take 3 - 5 total hours to send them out and then review the answers later, that would be $750 - $1,250 in legal fees. However, I might be able to have one of my less-expensive associate attorneys in the office prepare the special interrogatories instead of me. At their lower rate of $150 per hour, the legal fees would be less for the 2 - 3 hours of attorney time it will take to prepare them. However, I’ll still be the one reviewing and discussing the responses with you afterwards.
C: What happens if they don’t respond, or if we don’t like their answers?
A: Two options. First, if they respond, but we want more information from them, we can keep propounding more sets of interrogatories to follow up. Either form or special, or both. Second, if they fail to adequately respond, we can bring a motion with the court to compel them to respond.
[TO BE CONTINUED]
© 2008 Ken Moscaret. All rights reserved.