| Model
Interrogatories |
| Back to the book page |
|
To quickly search for key terms, use your browser's 'Find' function, found in the 'Edit' menu. |
|
Summary Contents Chapter 1 Practice Tips and Preliminary Considerations Chapter 2 General Interrogatories – Background and Investigation Chapter 3 General Interrogatories – Damages, Defenses and Denials Chapter 4 Vehicular Negligence Chapter 5 Premises Liability Chapter 6 Product Liability Chapter 7 Insurance Bad Faith Chapter 8 Legal Malpractice Chapter 9 Malicious Prosecution Chapter 10 Wrongful Death and Survival Actions Chapter 11 Medical Malpractice Chapter 12 Governmental Tort Liability Chapter 13 Wrongful Termination of Employment Chapter 14 Claims Under the Americans With Disabilities Act Chapter 15 Sexual Harassment Chapter 16 Age Discrimination Chapter 17 Workplace Violence Chapter 18 Fraud and Deceit Chapter 19 Other Insurance Claims Chapter 20 Elder Abuse Chapter 21 Interference with Business Relations Chapter 22 Liability Insurance: Agent and Broker Liability Chapter 23 Practice and Discovery Under the Anti-SLAPP Statutes Chapter 24 Defamation Chapter 25 Invasion of Privacy
Table of Contents Chapter 1 Practice Tips and Preliminary Considerations §100 Introduction §101 Discovery Practice Tips §101.1 Limitations on Interrogatory Discovery §101.2 Chart: State-by-State Discovery Limitations §101.3 Interrogatories or Deposition First? §102 Definitions §110 Enforcing Interrogatory Discovery §111 Responding to Interrogatories §111.1 Response by Answer §111.2 Response by Objection §111.3 Answering Interrogatories by Supplying Records §111.4 Extension of Time in Which to Respond §111.4.1 Sample: Letter Confirming an Extension of Time in Which to Respond to Interrogatories §112 Meet and Confer Requirements §112.1 Sample: Compliance with Meet and Confer Requirement §113 Sample: Motion to Compel Answers §114 Compelling Further Responses to Interrogatories §114.1 Sample: Motion to Compel Further Responses §115 Compelling Further Responses to Interrogatories – Contention Interrogatories §115.1 Sample: Motion to Compel Further Responses to Contention Interrogatories §120 Use of Interrogatory Responses at Trial §121 Use by Propounding Party Against Responding Party §122 Use by Responding Party Against Propounding Party §123 Use by Third Parties Against Responding Party §124 Use by Third Party Against Propounder §125 Use by Propounder Against Third Party §126 Using Interrogatory Answers for Evidentiary Preclusion §127 Factually Devoid Interrogatory Responses as Basis for Summary Judgment Chapter 2 General Interrogatories – Background and Investigation §200 Litigants Acting in Representative Capacity §210 Identification §211 Specific Party §211.1 General Interrogatories §211.2 Address §211.3 Birth Information §211.4 Education §211.5 Military Record §211.6 Marital Status §211.7 Children §211.8 Employment §211.9 Criminal Record §212 Relationship to Persons Identified in Responses §213 Agency §220 Injuries and Prior Illnesses §221 General Interrogatories §222 Failure to Follow Medical Advice §223 Prior Claims §230 Investigatory Interrogatories §231 Opposing Party's Investigation §232 Opposing Party's Surveillance §233 Photographs §233.1 Photographs re Incident §233.2 Photographs re Scene §233.3 Photographs re Vehicle §233.4 Photographs re Injuries §234 Charts and Diagrams §235 Physical Evidence §236 Required Reporting §240 Witnesses and Investigations §241 Lay Witnesses §242 Expert Witnesses Identification §250 Miscellaneous §251 Insurance §252 Other Claims Against Defendant re This Incident §253 Tender of Defense/Indemnity §254 Settlement Agreements §255 Due Diligence in Preparation of Response §256 Contention Interrogatories Follow-Ups §256.1 Bases for Contention: Facts, Witnesses, and Documents §256.2 Bases for Denial or Refusal to Admit: Facts, Witnesses, and Documents Chapter 3 General Interrogatories – Damages, Defenses and Denials §300 Introduction §310 General Damages §311 General Interrogatories §311.1 Plaintiff to Defendant §311.2 Defendant to Plaintiff §312 Emotional Distress – Witnessing Harm to Third Person §312.1 Plaintiff to Defendant §312.2 Defendant to Plaintiff §313 Death of Decedent §314 Loss of Consortium §314.1 Plaintiff to Defendant §314.2 Defendant to Plaintiff §315 Defendant's Contentions re Apportionment of Damages §320 Special and Punitive Damages §321 General Interrogatories §322 Special Damages – Defendant's Contentions §322.1 General Contentions §322.2 Plaintiff's Failure to Mitigate §323 Punitive Damages §323.1 Pretrial Discovery Regarding Financial Condition §323.2 Sample: Motion for Order Permitting Discovery of Defendant’s Profits and Financial Condition §323.3 Plaintiff to Defendant §323.3.1 Malice §323.3.2 Oppression §323.3.3 Ratification of Agent's Acts §323.4 Defendant to Plaintiff §330 Compensation From Collateral Sources §340 Affirmative Defenses and Denials §341 Contentions and Related Facts §342 Alcohol and Drugs-Plaintiff to Defendant §343 Contributory and Comparative Negligence §343.1 “Pure” Comparative Negligence §343.2 Modified (“Less Than”) Comparative Fault §343.3 Modified (“Not Greater Than”) Comparative Negligence §343.4 Imputed Contributory or Comparative Negligence §344 Assumption of Risk §345 Preexisting Injuries §346 Joint and Several Liability §347 Defendant's Contentions re Third Party Emotional Distress Claims §348 Defendant's Contentions re Negligence Per Se Chapter 4 Vehicular Negligence §400 Elements of Plaintiff’s Cause of Action §410 Definitions §420 Interrogatories Relating to Accident Facts §421 Plaintiff to Defendant §421.1 Involvement in Accident §421.2 Location §421.3 Defendant’s Contentions re: Accident Cause §421.4 General Details re Accident §421.5 Defendant’s Activities on Day of Accident §421 6 Defendant’s Contentions re Plaintiff’s Speed §421.7 Defendant’s Contentions re Defendant’s Speed §421.8 Defendant’s Contentions re Unavoidable Accident §421.9 Defendant’s Contentions re Visibility §421.10 Defendant’s Vision and Hearing §421.11 Defendant’s Contentions re Roadway Details §421.12 Defendant’s Contentions re Traffic Regulations, Traffic Lights and Stop Signs §421.13 Defendant’s Contentions re Fatigue §421.14 Alcohol and Drug Use by Defendant §421.15 Defendant’s Driving Experience and License Status §421.16 Defendant Supplying Alcohol to Vehicle Driver §421.17 Automobile v. Bicycle/Motorcycle Accidents §421.18 Automobile v. Pedestrian Incidents §421.19 Negligent Transfer §422 Defendant to Plaintiff §422.1 Involvement in Accident §422.2 Location §422.3 Plaintiff’s Contentions re Accident Cause §422.4 General Details Regarding Accident §422.5 Plaintiff’s Activities on Day of Accident §422.6 Plaintiff’s Contentions re Defendant’s Speed §422.7 Plaintiff’s Contentions re Plaintiff’s Speed §422.8 Plaintiff’s Contentions re Unavoidable Accident §422.9 Plaintiff’s Contentions re Visibility §422.10 Plaintiff’s Vision and Hearing §422.11 Plaintiff’s Contentions re Roadway Details §422.12 Plaintiff’s Contentions re Traffic Regulations, Traffic Lights and Stop Signs §422.13 Plaintiff’s Contentions re Fatigue §422.14 Alcohol and Drug Use by Plaintiff §422.15 Plaintiff’s Driving Experience and License Status §422.16 Plaintiff’s Contentions re Defendant Supplying Alcohol to Vehicle Driver §422.17 Automobile v. Bicycle/Motorcycle Accidents §422.18 Automobile v. Pedestrian Incidents §422.19 Plaintiff’s Contentions re Negligent Transfer §430 Equipment Repairs and Defects §431 Plaintiff to Defendant §431.1 Use and Prior Repairs of Vehicle §431.2 Defendant’s Contentions re Equipment Defects §431.3 Pre-Incident Knowledge of Defect §431.4 Post-Incident Condition of Defendant’s Vehicle §432 Defendant to Plaintiff §432.1 Use and Prior Repairs of Plaintiff’s Vehicle §432.2 Plaintiff’s Contentions re Equipment Defects §432.3 Plaintiff’s Pre-Incident Knowledge of Defect §432.4 Post-Incident Condition of Plaintiff’s Vehicle §440 Affirmative Defenses and Denials §441 Plaintiff to Defendant §441.1 Contentions and Related Facts §441.2 Alcohol and Drugs (Plaintiff) §441.3 Plaintiff’s Contributory and Comparative Negligence §441.4 Assumption of Risk §441.5 Pre-Existing Injuries §441.6 Seat Belt Defense §441.7 Joint and Several Liability §441.8 Defendant’s Contentions - Third Party Emotional Distress Claims §441.9 Defendant’s Contentions - Negligence Per Se §442 Defendant to Plaintiff §442.1 Contentions and Related Facts §442.2 Alcohol and Drugs (Defendant) §442.3 Plaintiff’s Contributory and Comparative Negligence §442.4 Assumption of Risk §442.5 Pre-Existing Injuries §442.6 Seat Belt Defense §442.7 Joint and Several Liability §442.8 Plaintiff’s Contentions - Third Party Emotional Distress Claims §442.9 Plaintiff’s Contentions - Negligence Per Se §450 Investigatory Interrogatories §451 Personal Data §451.1 Health Before and After Accident §451.2 Felony Convictions §451.3 Signatories to Defendant’s Driver’s License §452 Vehicle Data §452.1 Prior Accidents - This Vehicle §452.2 Ownership, Permissive Use and Occupancy §452.2.1 Statutory Liability - Owner’s Consent §452.2.2 Negligent Entrustment §452.3 Ownership - Chain of Title §452.4 Vehicle Records §453 Business Data §454 Police and Public Entity Investigation §454.1 Citations §455 Investigations by Others §456 Defendant’s Activities Following Accident §457 Claims Against Defendant - This Incident §460 Witnesses/Investigation §461 Responding Party’s Relationship to Person Identified in Responses §462 Experts §463 Photographs, Movies, Drawings and Reports §464 Surveillance §470 Insurance §480 Due Diligence in Preparation of Response §490 Deposition Checklists §491 Deposition of Defendant §491.1 General Background §491.2 Facts Pertaining to Accident §491.3 Statements by Parties, Witnesses §492 Deposition of Plaintiff §492.1 General Background §492.2 Facts Pertaining to Accident §492.3 Plaintiff’s Injuries and Treatment §492.4 Plaintiff’s Damages §492.5 Affirmative Defenses and Denials §492.6 Statements by Parties, Witnesses §492.7 Surveillance Conducted by Plaintiff §492.8 Insurance Carried by Plaintiff Chapter 5 Premises Liability §500 Elements of Plaintiff’s Cause of Action §510 Definitions §520 Occurrence Interrogatories §521 Plaintiff to Defendant §521.1 Knowledge of Incident §521.2 Details of Occurrence §521.3 Injuries to Plaintiff §522 Defendant to Plaintiff §522.1 Knowledge of Incident §522.2 Details of Occurrence §522.3 Injuries to Plaintiff §530 Plaintiff’s Status on Premises §531 Plaintiff to Defendant §531.1 Defendant’s Contentions re Status §531.2 Plaintiff as Invitee §531.3 Plaintiff as Licensee §531.4 Plaintiff as Trespasser §531.5 Plaintiff Exceeding Scope of Invitation §531.6 Known Trespasser §531.7 Defendant’s Efforts to Warn of Danger §531.8 Defective Premises - Obvious Danger §532 Defendant to Plaintiff §532.1 Plaintiff’s Contentions re Status §532.2 Plaintiff as Invitee §532.3 Plaintiff as Licensee §532.4 Plaintiff as Trespasser §532.5 Plaintiff Exceeding Scope of Invitation §532.6 Known Trespasser §532.7 Defendant’s Efforts to Warn of Danger §532.8 Defective Premises - Obvious Danger §540 Information Regarding the Premises §541 Ownership and Maintenance §542 Identification of Defendant/Business Status §543 Description and Construction §543.1 General Description of Premises §543.2 Original Construction §544 Condition of Premises §544.1 In General §544.2 Lighting §544.3 Obstructions to Vision §544.4 Distractions to Vision §544.5 Weather Conditions §550 Knowledge of Dangerous Condition §551 Plaintiff to Defendant §551.1 In General §551.2 Inherent Dangers and Imputed Notice §551.3 Circumstantial Notice (Subsequent Repairs) §551.4 Inspection of Premises §551.5 Prior Warnings §551.6 Notice of Safety Code Violations §551.7 Defendant’s Contentions - Negligence Per Se §551.8 Attractive Nuisance §551.9 Criminal Assault by Third Person §551.10 Causation in Criminal Assault Cases §552 Defendant to Plaintiff §552.1 In General §552.2 Circumstantial Notice (Subsequent Repairs) §552.3 Inspection of Premises §552.4 Prior Warnings §552.5 Notice of Safety Code Violations §552.6 Attractive Nuisance §552.7 Criminal Assault by Third Person §552.8 Causation in Criminal Assault Cases §560 Affirmative Defenses and Denials; Admissions §560.1 Defendant’s Contentions §560.2 Defendant’s Contentions - Warning of Dangerous Conditions §560.3 Plaintiff’s Conduct §560.4 Alcohol and Drugs §560.5 Admissions §560.6 Governmental Immunities §570 Investigatory Interrogatories §571 Required Reporting §572 Investigation of Plaintiff §573 Photographs, Charts and Physical Evidence §574 Prior Accidents §575 Witnesses §576 Expert Identification §580 Insurance §581 Tender of Defense/Indemnity §590 Due Diligence in Preparation of Response §595 Deposition Checklists §596 Deposition of Defendant §596.1 General Background §596.2 Facts Pertaining to Accident §596.3 Information Regarding Premises §596.4 Plaintiff’s Status on Premises §596.5 Defendant’s Knowledge of Dangerous Condition §596.6 Statements by Parties, Witnesses §596.7 Photographs re Injuries §596.8 Surveillance Conducted by Opposing Party §596.9 Insurance §597 Deposition of Plaintiff §597.1 General Background §597.2 Information Regarding Premises §597.3 Information Regarding Plaintiff’s Status on Premises §597.4 Plaintiff’s Contentions re Defendant’s Alleged Knowledge of Dangerous Condition §597.5 Facts Pertaining to Incident §597.6 Plaintiff’s Injuries and Treatment §597.7 Plaintiff’s Economic Damages §597.8 Plaintiff’s General Damages §597.9 Statements by Parties, Witnesses §597.10 Photographs re Injuries §597.11 Surveillance Conducted by Opposing Party §597.12 Insurance Chapter 6 Product Liability §600 Elements of Plaintiff’s Cause of Action §601 Theories of Recovery §601.1 Liability for Negligence §601.2 Unavoidably Unsafe Products §601.3 Strict Liability in Tort §601.4 Commercial Supplier §601.5 Manufacturing Defects §601.6 Design Defects §601.7 Failure to Warn §601.8 Breach of Express Warranty/Misrepresentation §601.9 Breach of Implied Warranties §602 Defenses in Product Liability Action §602.1 Contributory/Comparative Negligence §602.2 Assumption of the Risk §602.3 Product Misuse §610 Definitions §620 Identifying Interrogatories §621 Defendant Manufacturer §622 Product Manufacturer §623 Manufacturer-Market Share Liability §624 Dealers in Secondhand Merchandise §625 Endorser Liability §630 Product Design and Testing §631 Product Specifications §632 Oversight and Production Supervision §633 Product Design §633.1 Government Design Standards §633.2 Defendant’s Contentions – Negligence Per Se §633.3 Compliance With Federal Standards §633.4 Compliance With Federal Design Standards – Defendant to Plaintiff §633.5 Defendant’s Contentions Re Consumer Expectation Test §633.6 Defendant to Plaintiff – Consumer Expectation Test §634 Learned Treatises §635 Patents §636 State of the Art §637 Safety Tests §640 Product Marketing §641 Sale of Subject Product §642 Distribution §643 Warranty of Product §644 Advertising §645 Prior Warnings §646 Instructions §647 Intervening Negligence of Retailer §650 Subsequent Measures and Foreseeable Misuses §651 Design Improvements §652 Subsequent Safety Measures or Devices §653 Anticipated Use of Product §654 Anticipated Misuse of Product §660 Factors Contributing to Consumer’s Safety Risk §661 Defendant’s Contention of Injury Cause §662 Alteration or Modification of Product §663 Useful Life Expectancy of Product §664 Unavoidably Unsafe Products §665 Defendant’s Contentions re Plaintiff’s Comparative Fault §665.1 Pure Comparative Fault §665.2 Modified (“Less Than”) Comparative Fault §665.3 Modified (“Not Greater Than”) Comparative Negligence §666 Assumption of Risk §667 Safety Organization Affiliation §670 Prior Claims and Injuries §671 Prior Contentions of Defectiveness §672 Prior Knowledge of Defectiveness §673 Legal Actions and Suits §674 Similar Claims and Legal Proceedings §680 Product Examination §681 Reports by Third Parties §682 Product Recall §690 Miscellaneous Interrogatories §691 Affirmative Defenses and Denials §692 Investigatory Interrogatories §693 Tender of Defense/Indemnity §694 Due Diligence in Preparation of Response §695 Deposition Checklists §696 Deposition of Defendant’s Person Most Knowledgeable §696.1 General Background §696.2 Product Testing and Design §696.3 Additional Facts Regarding Product §696.4 Facts Pertaining to Incident §696.5 Defendant’s Contentions Regarding Incident Causation §696.6 Statements by Parties, Witnesses §696.7 Surveillance Conducted by Opposing Party §696.8 Insurance §697 Deposition of Plaintiff §697.1 General Background §697.2 Acquisition of Product §697.3 Intended Use of Product §697.4 Facts Pertaining to Incident §697.5 Plaintiff’s Injuries and Treatment §697.6 Plaintiff’s Economic Damages §697.7 Plaintiff’s General Damages §697.8 Statements by Parties, Witnesses §697.9 Photographs re Injuries §697.10 Surveillance Conducted by Opposing Party §697.11 Insurance Chapter 7 Insurance Bad Faith §700 Elements of Plaintiff’s Cause of Action §701 Breach of Covenant of Good Faith and Fair Dealing §701.1 Formation of Insurance Contract §701.2 Conduct Violating the Covenant §702 Statutory Liability – Violation of Unfair Practices Act §703 Additional Causes of Action §710 Definitions §720 Basic Insurer Information §721 Identification §722 Qualification Data §730 Basic Policy Information §731 Issuance §732 Individuals Involved §733 Persons Entitled to Policy Benefits §734 Persons/Entities Purchasing Policy §735 Coverages and Limits §735.1 Automobile §735.2 Property, Casualty and Liability §735.3 Life Insurance §735.4 Disability §735.5 Health §736 Effective Date §737 Lapse, Rescission, and Cancellation §738 Identification of Endorsements §740 First Party Cases §741 Receipt of Claim for Policy Benefits §742 Cause for Withholding Policy Benefits §743 Cause for Non-Coverage Claim §744 Cause for Partial Payment §745 Cause for Delay in Payment §746 Disability Policies/Denial of Claim §746.1 Claim of Total Disability §746.2 Substantial and Material Duties of Employment §746.3 Partial Disability §746.4 Pre-existing Illness §747 Medical Insurance Policies – Reasons for Non-payment §748 Insurer Claim Investigation §748.1 Establishment of Claim File §748.2 Written Standards §748.3 Establishment of Loss Reserve §748.4 Nature and Extent of Investigation §748.5 Experts Utilization §748.6 Investigation by Others §748.7 Insured or Claimant Conduct Regarding Investigation §748.8 Claim Evaluation §748.9 Persons Involved in Claim Evaluation §749 Delay in Processing and Investigation §749.1 Delay in Payment §749.2 Delay in Communication with Insured §750 Third Party Cases – Excess Liability §751 Opportunity to Settle Within Policy Limits §752 Nature and Extent of Settlement Negotiations §753 Reasons for Rejection of Settlement Demand §753.1 General Information §753.2 Likelihood of Excess Judgment §753.3 Insured’s Conduct §753.4 Coverage Disputes §753.5 Existence of Competing Claims §753.6 Ambiguous Settlement Proposal §754 Communication of Offer to Insured §755 Failure to Investigate §756 Claim Evaluation §757 Advice of Counsel §758 Offer Exceeding Policy Limits §760 Third Party Cases – Duty to Defend §761 Contractual Duty to Defend §761.1 Notice of Claim §761.2 Denial of Coverage §761.3 Demand to Provide Defense §762 Decision to Deny Defense §763 Factors Considered in Decision to Refuse Defense §764 Persons Involved in Evaluation of Duty to Defend §765 Denial Based on Claim of Non-coverage §766 Investigation of Facts Relating to Coverage §767 Adequacy of Defense and Selection of Counsel §768 Retention of Consulting Experts §769 Insured’s Conduct §769.1 Stipulated Judgment Following Failure to Defend – Defendant to Plaintiff §770 Claims Under Unfair Practices Act §771 Misrepresentations to Claimants §772 Adoption and Implementation of Investigation and Processing Standards §773 Failure to Communicate With Claimant/Insured §774 Failure to Settle §775 Claims for Similar Conduct §776 Comparative Fault on Part of Insured/Claimant §777 Advice of Counsel Defense §778 Damages, Investigations, and Related Issues §778.1 Claim of Emotional Distress Damages – Defendant to Plaintiff §778.2 Claim for Payment of Attorney’s Fees in First Party Cases – Defendant to Claimant §778.3 Economic Damages Following Insurer’s Refusal to Settle – Defendant to Plaintiff §778.4 Claims for Similar Conduct §790 Due Diligence in Preparation of Response §795 Deposition Checklists §796 Deposition of Defendant’s Person Most Knowledgeable – First Party Bad Faith §796.1 General Background §796.2 Basic Facts Relating to Defendant Insurer §796.3 Basic Policy Information §796.4 Denial or Withholding of Policy Benefits §796.5 Claim Investigation and Processing by Insurer §796.6 Facts Pertaining to Incident Giving Rise to Insurance Claim §796.7 Statements by Parties, Witnesses Regarding Incident Giving Rise to Insurance Claim §796.8 Surveillance Conducted by Opposing Party re Underlying Incident §796.9 Statements by Parties, Witnesses Regarding Insurance Claim §797 Deposition of Defendant’s Person Most Knowledgeable – Third Party Bad Faith §797.1 General Background §797.2 Basic Facts Relating to Defendant Insurer §797.3 Basic Policy Information §797.4 Third Party Bad Faith – Failure to Defend §797.5 Third Party Bad Faith – Failure to Indemnify §797.6 Claim Investigation and Processing by Insurer §797.7 Facts Pertaining to Incident Giving Rise to Insurance Claim §797.8 Statements by Parties, Witnesses Regarding Incident Giving Rise to Insurance Claim §797.9 Statements by Parties, Witnesses Regarding Insurance Bad Faith Claim §797.10 Surveillance Conducted by Opposing Party re Facts of Insurance Bad Faith Claim §798 Deposition of Plaintiff – First Party Claim §798.1 Plaintiff – General Background §798.2 Basic Policy Information §798.3 Plaintiff’s Contentions/Facts Regarding Incident Giving Rise to Insurance Claim §798.4 Plaintiff’s Contentions Regarding Denial or Withholding of Policy Benefits §798.5 Plaintiff’s Contentions/Facts Regarding Claim Investigation by Insurer §798.6 Plaintiff’s Contentions/Facts Regarding Reasonableness of Denial §798.7 Damages in First Party Cases §798.8 Statements by Parties, Witnesses Regarding Incident Giving Rise to Insurance Claim §798.9 Surveillance Conducted by Opposing Party Regarding Underlying Incident §798.10 Statements by Parties, Witnesses Regarding Insurance Claim §798.11 Surveillance Conducted by Opposing Party Regarding Facts of Insurance Claim §799 Deposition of Plaintiff – Third Party Claim §799.1 Plaintiff – General Background §799.2 Basic Policy Information §799.3 Third Party Bad Faith §799.4 Damages in Failure to Defend Cases §799.5 Third Party Bad Faith – Failure to Indemnify §799.6 Damages in Third Party Case §799.7 Statements by Parties, Witnesses Underlying Loss §799.8 Surveillance Conducted by Opposing Party Re: Underlying Incident §799.9 Statements by Parties, Witnesses Regarding Insurance Claim §799.10 Surveillance Conducted by Opposing Party Re: Facts of Insurance Claim Chapter 8 Legal Malpractice §800 Elements of Plaintiff’s Cause of Action §801 Duty of Care §802 Breach of Duty §803 Proximate Cause §804 Damages §810 Definitions §820 Defendant’s Relationship to Plaintiff §821 Fact of Retention §822 Scope of Retention §823 Documentation of Retention §824 Modification of Retention §825 Beneficiary of Third Party Retention – Opinion Letter §826 Beneficiary of Third Party Retention – Benefit Conferred on Plaintiff §830 Applicable Standards of Care §831 Extent of Attorney Knowledge §832 Specialized Knowledge §833 Rules of Professional Conduct §840 Alleged Errors and Omissions – Litigation §841 Representation of Conflicting Interests §842 Expired Statute of Limitations §843 Failure to Proceed Diligently – Insolvent Defendant §844 Erroneous Settlement Recommendations §845 Defense Counsel – Failure to Appear §846 Defense Counsel – Failure to Assert Claim or Defense §847 Defense Counsel – Failure to Investigate §848 Workers’ Compensation – Failure to Advise Re: Third Party Claim §849 Plaintiff’s Counsel’s Failure to Advise Regarding Spousal Loss of Consortium §849A Class Counsel – Failure to Advise Re: Additional Viable Claims §850 Alleged Errors and Omissions – Errors in Judgment §851 Legal and Factual Basis for Recommendation |