Client Interview/Draft Complaint

Here are the facts of the case you have been working on.

Tom and Mary Smith went to dinner at La Grande Fromage restaurant. Toms bad lower back (hereditary disc problems) was acting up but he did not take a pain pill before going out. He was in some pain when the couple arrived at the restaurant. He had three glasses of wine before dinner hoping it would quell the pain. Before dinner was served, he got up to use the restroom. On his way to the restroom, he slipped on a puddle of melted butter on the floor and was seriously injured. The puddle he slipped on was comprised of several wrapped individual butter pats that had simply melted into a rather large yellowish blob on the floor near the mens room door. The butter pats had fallen off a tray that a busboy was carrying back to the kitchen while clearing a table. It is unclear how long they had been on the floor before Tom slipped on them. As soon as he dropped them, the busboy had yelled to the restaurant hostess (who saw them fall from her post at the hostess station) That needs to be cleaned up!

Tom has now decided to retain your law firm Wagner & Evans LLP. Your supervising attorney has asked you to begin working on the case. This Assignment has two parts.

Part one is an interview with your client Tom Smith.

Part two is drafting the complaint.

This week, you will be interviewing and drafting a complaint for your client Tom Smith.

Part 1: Please draft 10 questions you would like to ask Tom about his accident.

Part 2: After some initial research, you will be filing the complaint against the La Grande Fromage restaurant for the slip and fall. Please use the facts above. Listen to the dictation, available via the Audio icon below, in order to complete your complaint. Listen to the dictation a few times while taking notes. Pay special attention to paragraph breaks, spelling of legal terms, and proper punctuation.

Please view the rubric in Doc Sharing to see how your complaint will be graded.

Use Figure 1-4 in your textbook for an example of formatting for your complaint.

Also please review the following regarding proving fault.

FindLaw. Proving fault in slip and fall accidents. Retrieved from http://injury.findlaw.com/torts-and-personal-injuries/proving-fault-in-slip-and-fall-accidents.html.

Unit 4 Grading Rubric

Category	Description	Weighting	Possible Points	Points Earned
Content	The student included 10 well drafted interview questions for the client. The complaint is formatted properly according to dictation and examples. This includes a properly formatted caption, introduction, numbered paragraphs, and wherefore paragraph. Student correctly provided all information in the audio dictation. Student included the attorneys information and a signature line.	60%	48
Sentence Mastery	Sentences are consistently grammatical. Major sentence-level errors, including fragments, run-ons, and comma splices, are avoided. Sentences are graceful, i.e., they can be read aloud without awkwardness, awkward pauses, or running out of breath. Language is rich, precise, and vivid.	10%	8
Grammar and Mechanics	Spelling is proficient. Spellcheck has been used to avoid egregious errors. Grammar and mechanics are sound, including mastery of the following key elements: Subject-verb agreement, verb form, appropriate punctuation and capitalization, apostrophe use, and appropriate word use. There are no extra words and there are not missing words.	10%	8
Organization and Format	Organization and structure are clear and easy to follow. Writing shows clear purpose and orderly transitions from beginning to end. Sentences consistently establish this organization and flow rather than interrupt it. Format meets APA guidelines and Bluebook rules as appropriate, including use of title pages. There is no playful experimentation with fancy fonts. It is written for the appropriate audience.	10%	8
Citation Style	Writing shows both internal citations in the body of the text as well as a proper list of references at the end of the paper, following APA or Bluebook format. Citations appear consistently where needed, whether following quoted or paraphrased material in the text. Note: In papers requiring secondary sources, failure to provide any citation does not result in a deduction of 10% from the paper, but will result in a failed paper and a plagiarism investigation.	10%	8
	Total: 100%	[80] Possible Points	[ ] Points Earned