The Attorney's Office Tools


a two week trial and be away from the office that long? Can you put in the time, spend the expenses, and wait years for resolution of the case? Te longest case of my career was one where I tried the case; lost on a motion for judgment at the close of the plaintiff ’s case; won a remand at the Court of Special Appeals; defeated a petition for certiorari; retried the case and got a good verdict. Te trial court at that point gave me an option of a new trial or a significant remittitur; we took the new trial. Retried the case for the third time and got a very good verdict; defeated post-trial motions; we were successful at the Court of Special Appeals. Tree trials, paying experts three times, two appeals. It was exactly 7 years and 2 months from the time the client came to me until the time I gave him the proceeds of the case. It was a very enjoyable case because I liked my client a good deal. Of course, I didn’t think I’d have to try the case three times and do multiple appeals, and sometimes you can’t anticipate that kind of scenario. Screen the client. Before you file the suit, and indeed,


before you take the case, determine both by asking the client and by independent research if the client has a criminal record that will be admissible and will destroy the case. Does the client have a litigation background so extensive that he’s been in court more than you? Does the client have unreasonable expectations? Are there practical problems with the case that make it unattractive, such as a geographically inconvenient venue? Was all of the client’s medical care delivered in some foreign country, and you won’t be able to get records in English or bills that make any sense to anyone? In my view we can learn something from the model


of the medical professionals, particularly internists and family practitioners. Tese medical professionals diagnose the problem of their patients and refer them to appropriate practitioners in specialized areas of medicine. Of course, the family practitioner could try to set a fractured arm in the office or treat a patient with severe cardiac disease-- but doesn’t it make a lot more sense to refer such a patient to a general surgeon or a cardiologist? It’s better for the patient and thus, this is what is done. Remember- the bottom line is that you should do what is best for the client. An important component to the concept of time


management is to find your niche, and identify that which you can do and enjoy doing, and that which you would prefer not to do, or which you are not equipped to do. If you go to my website you will see a list of numerous types of cases which I do not handle and I tell the public that I do not handle them. Tis saves me the time in answering the telephone when people wish to consult me on all of these various areas of law. It frees up time so that I may pursue the type of civil litigation which I do pursue. I find that some of my happy moments


in the practice of law come when I hang up the phone after telling a client that I cannot help them, and sending them elsewhere.


Do Make Use of Technology I confess that I am not the most technology sophisticated


attorney. However, computer research, cell phones, fax machines, e-mail, voice recognition software, blackberries, laptops, billing software, scanners, and voice mail all save money in the long run. Tey save an enormous amount of time. I’m old enough to remember hand delivering letters to opposing counsel because there were neither fax machines nor e-mail. I’m old enough to remember the day when word processing didn’t exist, and documents would have to be typed, proofread, re-typed, proofread, and re-typed again. Devoting time to mastering the use of technology to the extent possible in the long run saves an enormous amount of time. One of the great adjuncts of e-mail is the concept


of “folders.” Set up folders on your email to hold all your deposition transcripts, all your expert cross-examination material, or for each case in your inventory. I do advocate, however, that you do not abuse technology.


You don’t have to have your cell phone on while you are having dinner with your friends or family. Tis is why cell phones come with voice mail. If you go to the movies, don’t need to check your blackberry every few minutes for e-mails. Certain


Trial Reporter / Spring 2010 11


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