Ways To Relieve Stress (Continued from page 29)
deposition on disk assist in quick retrieval of specific information as well as cutting and pasting sections for motions without the need for retyping them, but it also assists in creating a database for future use – i.e., being able to keep numerous depo- sitions in a system without tying up physical storage file space. Furthermore, when you travel, you do not need to lug ten, 150-page depositions around – all ten can be downloaded easily into your laptop.
The scanning of documents has also come a long way and is a major time saver. The power and speed of scanners have in- creased while the prices have fallen.
In
my office, we scan into our system every discovery request propounded by defen- dants so no re-typing is necessary. Even better is when opposing counsel will share discovery requests by e/mail. We also scan medical records and other documents, which allows not only for ease of accessi- bility of this information from no matter where you are located, but also ease in making exhibits at trial. It is important to take notes of all con-
versations in a case, no matter how short in duration. During the conversation or directly afterwards, write down what was said, by whom, the date and the time. If you have a lap top, take it to your meet- ings, and type your notes directly in the computer.
That will save transcription
time later on. Even though information may be fresh in your mind that day, as you become immersed in other work, you may not remember all the details. Put everything in writing. Today’s case man- agement systems offer contact lists, calendars, notes, memo forms, to do lists, alerts, and automatic filing at the push of a button. At the push of another button, all of this information can by synched into your PDA. They are a must for any liti- gation office.
C. Discovery. You should see your role in the dis-
covery process as one of doing all the dirty and time consuming work the partner does not want to do.
It is very easy to
become disenchanted with the discovery process, especially in civil litigation where a case can get lost in mounds of paper- work. Your role in the discovery process, however, is crucial: you are usually the lead investigator and lead document re- viewer. In these roles, you are able to bring additional information to the partner’s at- tention of which she may not have been
32
aware. You are also frequently the person in the office who has the best handle on the case as a whole. In this capacity, you are able to assist in discovery requests tai- lored specifically to the issues in the case, assist in deposition preparation making sure the questions are directed to these specific issues, and are able to suggest what additional discovery or information is necessary to obtain in order to prosecute the case effectively and in the best inter- ests of your client. By remaining focused on the client and fighting for his rights and protecting his needs, you will be able to see the forest through the trees and perform the tasks assigned to you in a timely, efficient, and pleasant manner. During the discovery phase, certain documents and records will undoubtedly be more important than others. As such, some information requires follow-up. For instance, in an interrogatory, you rou- tinely request all insurance coverage information. In response, the defense at- torney states that his client will supplement this answer at another time because the client does not currently pos- sess the documents. It is easy to forget to follow-up on this, and if you get to trial and the defense attorney for the first time informs you that the insurance company is not covering any settlement/verdict, then you have a serious problem. A good way to remember to follow-up is to pho- tocopy the pertinent question and answer and place it in a folder that is marked as a follow-up folder for that case. Any addi- tional information that requires follow-up (from information in depositions to medi- cal records requests) should also be copied and placed in this folder. Mark your cal- endar to check each case folder one day a week. In this way, you know exactly what information you need to obtain. Once you have obtained the information, re- move the document from your follow-up folder.
In using your follow-up folder, take notes of dates and times of all con- versations attempting to obtain this information – it may later be used in a motion to compel as part of the good faith efforts to obtain this information. As dis- cussed above, a case management system can eliminate the need for the paper folder as all of the above can be included in the system itself, with alarms to remind you to follow-up on the assignments. In most complex civil cases you can assume that the opposing side will be pro- pounding discovery requests on your client. Because of the time constraints for filing answers to interrogatories and re- sponses to request for production of documents placed by the Maryland
Trial Reporter
Rules,12
it is imperative that the earlier
clients begin preparing their responses, the better the chances of them being more complete and accurate. As such, it is a good practice to provide the client with sample interrogatory and request for pro- duction of document questions that are pertinent to his case soon after his case has been accepted by your office. If you know the attorney on the opposing side and have dealt with her before, provide the client with samples of discovery re- quests that attorney has propounded in other cases. In this way, the client can begin the process of answering and locat- ing documents.
When the actual
discovery requests are propounded, for- ward them to the client immediately, highlighting the ones to which she must respond. Inform her that should she have any questions, to contact you immedi- ately. Also inform the client that her draft responses need to be in your possession ten (10) days in advance of the date you must file them. In this way, you are able to review all documents and answers that the client has produced to determine rel- evancy, privilege, etc., and to place them into a final format. I’ve read that for those projects on
which you have been procrastinating, you should attempt them first thing in the morning when you are at your freshest. In this way, you have the most energy and can move onto other, more enjoyable work during the remainder of the day. For me, summarizing depositions is a task at which I tend to procrastinate. However, the importance of summarizing cannot be stressed enough: as discovery turns into trial preparation and the attorney is re- reviewing each deposition, abstracts and summaries are invaluable. They are also invaluable at trial when you or the part- ner are looking for a section in a deposition to impeach a witness and all she has to do is look at the summary and can quickly locate the page and line. Liti- gation management systems, such as Summation®, make the task of creating deposition abstracts much easier and much more useful. In our office, each attorney has a liti- gation binder, which includes copies of pertinent pleadings, orders, depositions, summaries of depositions, and other in- formation as requested by the attorney. Your trial binder needs to be created as soon as the case is filed. Your trial binder
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See Maryland Rules of Civil Procedure, Rules 2-421 and 2-422 (2001).
Winter 2003
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