LAW STUDENT NEEDING HELP! I'm studying to be a paralegal and need help in civil litigation pleadings; PLEASE!!

My professor gave us a ficticious case and now we must find the correct forms to fill out etc. I know we have to find a medical release form, look up the CA statute of limitations, and write a Retainer Agreement. The case is a civil suit for Personal injury. Our client was hit by a car and shattered her pelvis and is claiming also some brain damage. She has 2 kids 3 & 1 1/2, and is a student. I’m having a problem finding a retainer agreement so if someone has any tips on writing one please reply, or if anyone can give me any advise on Civil Litigation procedings it would be Very Appreciated! Thank You for taking the time to reading this. Take Care and Wish Me Luck!!
Thank you for the Agreement soooo much! Where can I find a medical release form?

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3 Responses to “LAW STUDENT NEEDING HELP! I'm studying to be a paralegal and need help in civil litigation pleadings; PLEASE!!”

  1. Star Says:

    The retainer agreement is usually longer than the first poster’s example (at least 3-5 pages long). A medical release can be anywhere from 1-4 pages long, depending on whether one wants the HIPPA language in it.

    Here are some samples (specifically for hospitals):
    http://www.rcrmc.org/downloads/pdf_files/medicalRecords/Authorization_RCRMC_to_send_records.pdf
    and
    http://www.rcrmc.org/downloads/pdf_files/medicalRecords/AUTHORIZATION_FOR_PATIENT_TO_ACCESS_MEDICAL_RECORD.pdf
    and
    http://www.rcrmc.org/downloads/pdf_files/medicalRecords/Authorization_to_Send_Records_to_RCRMC.pdf
    and
    http://www.pamf.org/forms/
    and
    http://www.bannerhealth.com/NR/rdonlyres/6A25D88A-D655-4777-A894-916DD3B37C54/0/MedicalRecordReleaseForm.pdf

    Also, please note that Retainer Agreements vary by the state (because one will want to cite to state law within the retainer agreement). But here are some samples:
    http://www.unbundledlaw.org/retainer_agreements/sample_retainer.htm
    and
    http://www.unbundledlaw.org/retainer_agreements/legal_services.htm
    and
    http://www.cfli.com/sample-retainer.html
    and
    https://www.legaldocs.com/htsgif.d/xfeeh.htm

    Again, each state’s requirements for the retainer agreement are different.

    Here is one from the California State Bar (since it looks like you’re looking for CA):
    http://www.calbar.ca.gov/state/calbar/calbar_home_generic.jsp?cid=10113

    It’s at the bottom where it states "Sample Written Fee Agreement Forms."

    CA Statute of Limitations for Personal Injury is 2 years from the date of the incident (it’s either in the Civil Code section 340 et seq. or Code of Civil Procedure Section 340 et seq. [sorry, can’t remember which at the time, but you can search for it with Findlaw.com).

    Statute of limitations is different for the children (if they were injured in the accident).

  2. tskelton155 Says:

    See if this helps. Let me know if you have any other questions. I have a Bachelor of Laws and Paralegal degree.

    Retainer Agreement
    STATE OF _________(1)________)
    COUNTY OF ________(2)________)
    This Agreement is made and entered into this _(3)_ day of ________(4)________,
    19_(5)_, by and between ________(6)_________, of ___________(7)____________,
    hereinafter called the "Attorney", and __________(8)__________, of
    ____________(9)______________, hereinafter called the "Client".
    Client hereby retains and employs Attorney to:
    (Describe Services to be Provided)
    Attorney shall charge for his services at the rate of $_(10)_ per hour for time actually
    devoted to the service of Client. Client agrees to pay Attorney each month for services
    rendered during the preceding month, together with reimbursement for all expenses
    pertaining thereto.
    In consideration for said payment, Attorney agrees to perform to the best of his abilities
    and to exhibit due diligence in the conduct of said services.
    In the event legal action is required to enforce any provision of this Agreement, the
    prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
    IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
    first above written.
    _____________(11)______________
    _____________(12)______________

  3. Mary B Says:

    If you are studying to be a paralegal you are NOT a law student!!!!!!!