Lead/Referral

• Jane Doe
• Phone: 405-555-1234
• Email:
• Called needing a divorce

1. Review everything in Chapter 3 about client intake.
2. Before calling your potential client, be sure to research the area or areas of law you think we may be in.
3. client intake and any other documents you think the client needs or may need to execute.
   1. Take notes and be on the look out for the issues that may require litigation.
4. Research the matter
   1. Who owns the property?
      1. Get the deed(s).
   2. Is the defendant judgement proof?
      1. Do they have other properties?
      2. Is their business active and operating?
      3. Is it an LLC? Individual?
   3. Draft a memo:
      1. Issue spot the facts you are given and determine the following in the memo:
         1. What causes of action do you think we have here, how many cases, in which courts, in what jurisdiction? (Breach of Contract? Trespass? Defamation? Conversion? Divorce (for cause or no cause which may be best?) Are there any crimes here? What other courts may become involved? Should she file for a protective order too? Should the child get their own attorney or should we ask for a In Camera interview? Hint: Look at the OUJI Civil List)
         2. Do we have a statute of limitations problem or legal defenses to worry about? What about standing? Are there any statute of limitations issues?
         3. Can we meet the elements of the case and causes we are bringing?

Fact Pattern: Jane Doe calls your office with a few small legal matters (there is no such thing) that she would like your help with. First of all, she tells you that her husband of 25 years has been secretly operating a new business with another woman she knows nothing about for the last 10 years without her knowledge or consent. She owns a small boutique on main street called Jane's Jewels where she makes and sells all manner of hand made trinkets and custom made clothing. Her business has done well, but she and her husband have (4) four female children together. Their ages are 24, 17, 12, and 9 respectively. All girls and they have all said they want to live with their mother. Jane further tells you that her husband is Native American but the children are not on the tribal rolls and do not receive any tribal services or benefits at this time. Her husband owns and operates this new business selling cryptocurrency online with this other woman. She knows little about the business other than that. He has worked in the oil field for the past 25 years they've been together and he is also a Navy Veteran. He has a 401 K through Black Dirt Enterprises an oil company out of Texas. He also owns oil and mineral rights that were passed down to him from his parents who are both currently deceased. There is a joint banking and savings account. They have a shared Master Card and Visa Card. She has several store cards she uses such as a Dillard's Card and JC Pennies Card. He has a Firestone Card. They also both co-signed on a loan for their 24 year old's college savings plan account (Parent Share). They also run a farm that has several tractors, trailers, older vehicles (mostly work trucks), boats, RVs, and a few heavy machinery implements. Their oldest girl is also planning on getting married and they've agreed to place a non-refundable down payment on a venue for the wedding.

The other night Jane caught her husband texting inappropriate sexual advances to his new business partner. When she confronted him about it they began to argue and fight. Things got heated and he said she had neglected her marital duties towards him for too long and he wanted her to leave and take the kids to her mom's house. She refused and he threw all of her personal belongings into a heap onto the front lawn and physically pushed her out the door and told her that if she tried to come back inside he would shoot her with the 45 revolver he keeps beside his bed.

After that night, she took the kids and went to live with her mom, but her mom is older and has some difficulty getting around. One day, out of need, she asked her mom to watch her youngest daughter for a while so she could do some grocery shopping with the middle kids for a few hours. When she came back home from shopping her mom had fallen and the 9 year old was no where to be found. She called the police frantic to find her. When the police came they located the child who had left to get help from a neighbor, but had wandered onto a state highway and was trying to flag a vehicle down. When her husband found out about this incident he immediately called DHS to investigate his soon to be ex-wife's parental fitness. DHS recommended that the father regain immediate custody of the children and that she take some parenting classes on appropriate child management and caretaking procedures; however, she has refused to do so and told you that she's been a parent long enough that no class would help her and she didn't need the government telling her what to do. Then the unthinkable happened and her mother was hit driving back from bingo night at the local casino she always loved to frequent every Thursday by a Semi-Truck driver who was carrying a double load of cattle on I-40. Her mother did not survive the accident and neither did the truck driver. The trucking company and the family of the truck driver are seeking damages against her mother; however, the truck driver's wife pre-deceased him and his estate is being administered by his uncle who is in prison and is acting through power of attorney to bring the suit for his niece's husband who had no kids between them. Here are our potential cases. The divorce between Jane and her husband John Doe. Should we file in a Native American court, Military Court, or a Civil District Court? What are the benefits of filing in each system and why? Who owns each business and how do we divide all of the assets? Who should get custody and visitation of the children? Why or why not? Who should pay the loans, debts, and/or should we seek alimony? Should we file divorce for cause or uncontested and why? Does she get any of the mineral rights? Does she get any of his retirement account under a QDRO order? How much? What about his military benefits? Do we need a GAL or an In Camera interview or both? As the only next of kin for her mom she will likely need to administer her mother's probate and defend her mother's assets against the trucking company and the driver's family. How should she do that? What causes of action are we looking at there? Negligence? Wrongful Death? What are the Damages? Is there standing for the uncle to administer the estate through a power of attorney while in jail for his deceased niece's husband who is without issue? Is the trucking company insured against such events? Have we even established fault for the accident?

Might there be any criminal liability brought that we need to worry about or that could benefit us? Against the husband or against the wife? Should she file against her husband for domestic abuse and seek a Victim Protection Order?

Should she be worried about DHS filing a case against her and her husband for neglectful parenting?

Should she have left the marital home willingly after being threatened? Could he be prosecuted criminally for threatening her? What about bringing a civil case for assault and battery? Could he bring one against her for neglecting their youngest daughter? Could DHS deem them both unfit and file for removal of the children?

If they default on their debts or loans should she add her ex-husband to the civil suit and under what right might she do so? What about the wedding venue contract?

These are all questions you can answer in your Memo!

How we should go about getting it; in discovery, or issue subpoenas, or call for a deposition? Where are the potential areas of exposure we may have and how do we handle them if they occur? What should we prioritize doing first? This is real life and often people have a lot going on all at once and we have to figure out what to prioritize this is the counselor aspect of law. Is the client lying about anything we might need to know about from her past? This is all she's told us so far... there may be more to unpack here. For example, can she pass a drug and alcohol test if needed; can he; is there an autopsy report and/or an accident report from her mother's incident; is there insurance coverage; etc...? This fact pattern has a lot of deliberately missing information too. Part of your job is to let your attorney know what the client doesn't say too. Is there any criminal history between the parties that we may need to know about for example?

it should also quote any law or cases in standard Bluebook format (you have all had LRW and know how to do that). So do NOT use hyperlinks or footnotes or copy/pastes. Please use appropriate legal professional styling.