Legal Litigation Questionnaire

Legal Litigation Questionnaire

This Litigation Questionnaire is prepared to assist counsel in evaluating and prosecuting or defending litigation. Client Name: Counsel/Firm Name: Date Completed:

Recitals

WHEREAS, Client has provided facts, documents and statements to Counsel in connection with a claim, dispute or potential litigation matter described below; and

WHEREAS, Counsel requires an accurate and complete record of pertinent facts, witnesses, documents, damages, insurance information and procedural history to analyze legal rights, defenses and strategic options; and

WHEREAS, the parties intend that the responses and documents described herein be used for the purpose of representation, case evaluation, litigation planning and, where applicable, preservation of evidence;

NOW THEREFORE, Client provides the following information subject to the certifications and acknowledgments set forth in this Questionnaire.

1. Case Identification

Contract / Breach    Tort / Personal Injury    Employment / Labor    Intellectual Property    Other

2. Parties and Counsel

3. Factual Background and Timeline

Date of Incident/Occurrence:

4. Claims, Causes of Action and Defenses

5. Damages, Remedies and Insurance

Compensatory Damages    Punitive Damages    Injunctive Relief    Declaratory Relief

6. Evidence, Documents and Preservation

Has evidence preservation or spoliation-prevention steps been undertaken? Yes    No

7. Witnesses

8. Prior Proceedings, Statutes of Limitations and Deadlines

Known Statute of Limitations or Critical Deadline Dates:

9. Conflicts, Privilege and Confidentiality

Are there potential conflicts of interest or prior representations that counsel must consider? Yes    No

Client acknowledges the attorney-client privilege and agrees to preserve potentially privileged materials until counsel provides further instruction. Client has not intentionally destroyed or altered material evidence and understands that spoliation may result in sanctions.

10. Certifications and Authorization

The undersigned Client certifies under penalty of perjury that the information provided in this Questionnaire is true, complete and accurate to the best of Client's knowledge. Client acknowledges that omissions, inaccuracies or deliberate misstatements may impair counsel's ability to represent Client and may be grounds for termination of representation.

Client authorizes Counsel to seek documents and information from third parties, to obtain public records, and to take such preservation steps as counsel deems necessary. Client authorizes release of medical, employment, insurance and other records relevant to the claim upon execution of appropriate releases.

11. Administrative Provisions

Governing Law: This Questionnaire and any disputes arising under or relating to it shall be governed by the substantive law of the state specified by counsel in the engagement agreement or, if none, the state in which counsel maintains its principal office for this matter.

Entire Agreement: This Questionnaire, together with any engagement letter or fee agreement, constitutes the entire written understanding between Client and Counsel concerning the facts and information provided herein.

Severability: If any provision of this Questionnaire is found unenforceable, the remaining provisions will remain in full force and effect.

Amendments and Waiver: Any amendment or waiver must be in writing and signed by both Client and Counsel. No failure or delay in exercising any right will operate as a waiver.

12. Additional Information and Attachments

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