John Q. Doe
123 Shady Lane
Concord, NH 03301

Re:      [Plaintiff] v. [Defendant], Docket No. [____]

Dear Mr. Doe:

This firm has been retained by [Insurance Company] to represent you in a lawsuit brought by [Plaintiff]. During the course of this litigation, I and this firm will represent both you and [Insurance Company] pursuant to the law of New Hampshire. As soon as possible, I would like to meet with you to discuss the case and the relationship among the three members of the defense team: you, my firm and [Insurance Company]. Please call me or my assistant, Susan Schaller, so such a meeting may be scheduled.

I have enclosed a copy of the Writ of Summons, which was sent to me by [Insurance Company]. I believe you have already been served with these suit papers by the sheriff's office; however, if you have not, please let me know immediately.

You do not have to be physically present in court on [return day]. That requirement noted in the Writ merely means that I must file a written notice by that date that I appear on your behalf. Please be assured that I will enter a timely appearance and will take whatever other steps are necessary to protect your interests in this matter.

If you are not familiar with our law firm, we have been in business in Manchester, New Hampshire, for over 100 years. We practice in the areas of insurance defense, commercial litigation, education, health care, real estate development, corporate, municipal, employment law and other areas of general practice. You may learn more about our firm and attorneys by visiting our site on the World Wide Web. Our Internet address is http://www.wadleighlaw.com. Included on our site is an article entitled "After the Deputy Leaves,"^[1] which provides a bird's eye view of the litigation process in New Hampshire.

I am the attorney in this firm who will be directly responsible for the handling of your case. Any questions or correspondence should be directed either to me, or to Susan.

From time to time, your participation in preparation for trial will be necessary; therefore, it is important that I be able to keep in touch with you. Please make sure that I have your correct street or Post Office address, telephone number and e-mail address, and keep me advised of any change in this information.

During the course of preparation for trial, the other side will probably make demands upon you (through me) for information. The demands might be in the form of written questions ("interrogatories"), requests for documents, requests that you admit certain facts to be true, or that you submit personally to questioning while under oath ("deposition"). This process is called "discovery" and is permitted under the court rules. While they are requesting discovery from us, I will be doing the same to them.

When I notify you of a discovery request, it will be extremely important that you give it a high priority. The time allowed under the rules for responding is limited, and the consequences for failing to respond as required can be significant. Rest assured that I will assist you in responding to any such discovery requests and will be present with you during any deposition.

Steps should be taken now to preserve any documents (records, correspondence, spreadsheets, databases, e-mail, etc.) whether in paper or electronic form or other tangible things, that may pertain to [the matter at issue], [e.g., the original design of the equipment, other complaints, claims, lawsuits, etc., involving the equipment in question or equipment having a similar design, or similar matters.] The plaintiff's attorney will undoubtedly request information and records such as these and, in most cases, you will be required to provide them. Courts in New Hampshire, as elsewhere, tend to favor broad and liberal interpretation of the rules of discovery. Thus, any request which is reasonably calculated to lead to the discovery of admissible evidence is likely to be supported by the presiding judge. If any potentially relevant documents are destroyed, whether deliberately or inadvertently, you [or your company] could be subject to severe penalties. To the extent that you have normal procedures for systematic destruction of documents, these should be suspended with respect to anything that might be relevant to this lawsuit. All employees of your company who may have custody of such should be advised of the need to preserve them. I will be in touch with you in the next few days to discuss this aspect of trial preparation in more detail.

Please do not discuss this case with anyone except a representative of this law firm, your insurance company, or your personal attorney. Under no circumstances should you discuss this case with the plaintiff's attorney, any investigator, or others.

I will keep you informed of further developments. In the meantime, if you have any questions or concerns, please do not hesitate to give me a call.

Very truly yours,

John A. Lassey
E-mail: jlassey@wadleighlaw.com
Phone Extension: 356

JAL/sos

Enclosure

cc:     [Claims Rep], Claim Number: 123456789