Appendix: Sample letter to client for use in Wrongful Death Cases
Dear <Client>,
You have consulted with me regarding the institution of a wrongful death action on your behalf. As I explained to you, the wrongful death statute provides for recovery based on the negligent death of a person on behalf of either primary beneficiaries (husband, wife, parent, child whether adult or minor) or secondary beneficiaries (people related by blood or marriage who are substantially dependent on the decedent for economic support). If there are any primary beneficiaries, no secondary beneficiaries can make a claim. This means that under certain condition you may not be able to bring a claim or that the claim you bring may have to be shared with other qualified beneficiaries. Because of the manner in which the law is written, I have an obligation, as your lawyer, to both identify and notify everyone who may have standing to bring a claim in this matter. I want you to understand the practical aspects of what that means.
In essence, even though you have hired me to serve as your lawyer, I must advise everyone who could bring a suit of the existence of this claim and if asked, the status. If anyone who is in the primary beneficiary class decides that they want to process, then no secondary beneficiary can bring the action. Further, even if you are a primary beneficiary, your share of the award may be reduced by any additional primary beneficiaries I may find.
Ordinarily, a lawyer for one person would owe them an absolute duty of loyalty and fidelity and not act in any way contrary to that obligation. Because of the way in which the statute is written, however, I have no choice but to contact all possible parties and give then the opportunity to participate in this action.
The purpose of this letter is to give you full information (informed consent) and to put that information in writing so that you can consider whether you wish to go forward, notwithstanding what I have told you.
Please feel free to consult with another lawyer, if you find this either confusing or simply to get a second opinion. Of course, you can and should call me if you want to further discuss this.
If, in fact, you want to go forward with this case, please sign this letter which will be your indication of consent to proceed as outlined in this letter, and return it to me in the envelope I have provided you. Please understand that I will NOT undertake to represent you without your informed consent, confirmed in writing, which means returning this letter to me.
Fall 2008
Trial Reporter
19
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76