Using Forms To Keep Your Litigation Files Organized

As I promised last week, this week’s column will continue to give you a detailed explanation of Forms 14 - 26 with regard to the use of trial outlines. Trial outlines are another tool that I utilize to handle the “administration” of litigation matters in my practice. “Administration” is one of the five parts that make up every business in the world. The first part is “clients” and the second part is “administration.”

For the last two weeks I suggested that the readers keep a copy of the forms printed in the November 18, 2003 edition of The Daily Record.

This week’s “tip” is how to use these forms to organize the material in your litigation files. They make it very easy to find what you need, when you need it, in order to handle the file efficiently and effectively. The forms also help you or anyone in your office to get right back up to speed on the status of the case if some time has lapsed since reviewing it.

Before we launch into the explanation of each of these forms, you should know that is I usually do not begin utilizing the trial outline format until it becomes clear that a case will not be disposed of quickly. If it becomes clear that staff members are going to need a resource that they can refer to for important information, the outline forms become not only helpful, but indispensable.

When we open a trial outline on a case, we always put it in a three-ring binder and label the binder with the client, the matter, and the defendants involved. The document becomes a living document with every document dated as to the time it was last updated, so that we can keep track of information added to the most current form.

Let’s just dive right in and take the last of the 26 forms in the trial outline individually. Remember that each particular form is at least an 8 1/2 x 11 inch of paper that can be three-hole punched and put into the binder described in the previous paragraph.

FORM 14 - OUTLINE OF PLEADINGS: This is literally an outline of the case pleadings and should include, at a minimum, the Complaint or Petition, the Answer, including Affirmative Defenses, and any Replies. Having a quick recap of the crucial information from the pleading is better than having to dig through a large stack of pleadings trying to find one specific thing that you vaguely remember reading, but are not exactly sure where you saw it.

FORM 15 - PRE-TRIAL ORDERS: Each and every Pre-Trial Order needs to be listed in reverse chronological order and synopsized so that any staff member can recap those pre-trial orders and their impact on the case at a moment’s notice.

FORM 16 - CHRONOLOGY: I have previously mentioned that chronologies are a quick reference source for locating items that happen on specific dates, finding a witness who could testify with regard to the same, and determining what type of an exhibit is needed. Having a chronology available in your trial outline for quick date and time reference is very helpful.

FORM 17 - WITNESS IDENTIFICATION: This form is a quick reference form of every single individual whose name is mentioned anywhere in any of the materials involving your trial. This list is organized alphabetically by the last name of the witness. It includes the first name of the witness, identifies which party is calling the witness, and contains details such as the occupation of the witness, whether a deposition or statement was taken from the witness, the relationship of the witness to the trial and any other information relevant to their projected testimony. This form is incredibly valuable because the names of the various people involved can be difficult to remember and recall. This form acts as a great information synopsis and cheat sheet.

FORM 18 - EXHIBITS: Each and every potential exhibit in the case is listed on this list. I usually try to make a chronological list of exhibits in order to make it easier to remember where all of these exhibits fit into my case. You can see that there are two different forms here, Form 18 and Form 18 - A. One of the forms has a date for each exhibit, the other form is for exhibits that are not date sensitive and that are placed in the trial notebook in any order that makes sense to you with regard to how you will use the exhibits at trial. Form 18 - B is another form that can be used as to whether or not the exhibit was a plaintiff or defendant’s exhibit.

FORM 19 - TRIAL MOTIONS: Each and every trial motion is listed in this form indicating who filed the motion, the particular grounds in question, and any opposition thereto and the ruling of the Court.

FORM 20 - REBUTTAL TESTIMONY: This form can be used to list the “Rebuttal Testimony” that you intend to put on or the rebuttal testimony that you expect will be put on by the other side. Being able to anticipate rebuttal testimony you might be able to use is very practical. You can create a handy form for rebuttal testimony to be listed on a witness by witness basis. Also include a list of the questions underneath each rebuttal witness as well as a list of exhibits to be put in through that rebuttal testimony.

FORM 21 - INSTRUCTIONS: List each and every instruction in this form and place copies of the instructions in the trial outline for easy reference. Remember, when you are drafting your pleadings, that jury instructions provide an excellent template for organizing your case. Incorporating jury instructions into your pleadings also communicates to the other side that you have mastered the necessary details.

FORM 22 - OBJECTIONS TO INSTRUCTIONS: This form is used in the instruction conference and helps you keep track of contested instructions by number and where objections were made.

FORM 23 - IDEAS FOR FINAL ARGUMENT: This form is a convenient place for you to jot down ideas for your final argument as you deal with your case. It’s a great feeling to know where you wrote down the ideas for your final argument.

FORM 24 - JURY DELIBERATION: This form is self-explanatory and should be filled out when the jury goes out. Use it to find information for any post-trial motions or appeals.

FORM 25 - LEGAL MEMORANDA, CITATIONS OF DECISIONS AND OTHER LAW: This is a great area to put all of the legal information that you are going to need to for your case. You can organize it by issue for easy reference, and you can highlight the cases so that you can always find information about that particular case holding. Many times the cases can be briefed or synopsized, so that you can get a quick handle on the case without having to read the entire case.

FORM 26 - NOTES OF WITNESSES: This form allows you to organize your witnesses in chronological and alphabetical order and to get information about each witness as you are getting closer to trial. This form can also be used prepare witnesses or their deposition or to take their deposition. There is a section to list all exhibits that the witness will introduce and a place for the words and phrases outline. You can note the questions and answers the witness will be asked on direct or cross examination. The second part of this form deals with notes on actual trial testimony.

That is a lot of information about these forms in a relatively short space. I could have written an entire column on each one of these forms. The key to using the forms is to only use the ones that you need at a given time. Then as you get closer to trial, new information can be added. Sometimes, I only use three or four forms in a case until it becomes clear that I need to use more. I use the “Cover Page,” “Table of Contents,” “Directory,” “Things to Do,” “Chronology,” and “Witness Identification” in most cases. I like to call it the KISS method. It translates to “Keep it Simple Stupid.”

If you are careful about what you put into the trial outline, it will become an invaluable tool for you in organizing your cases.

If you have any ideas for how any of these forms can be improved, please let me know, and I will adopt your idea if it is helpful.

Next week’s “tip” deals with the concept of using “fail safe” systems in order to ensure that important items that need to get done regarding the administration of a client’s legal matters are done in the properly and quickly. I have discussed some of these methods earlier, but I would like to review some various “fail safe” steps to be sure that matters are being handled appropriately. Many of these “fail safe” ideas are helpful with regard to other parts of the five parts that make up every business, but I think it is important that we talk about these “fail safe” ideas in each and every one of the appropriate parts of the business that we are discussing at a particular time. These ideas play multiple roles in the parts that need to make up your law practice. You will learn how these” fail safe” procedures can improve your ability to get new clients, and how they make sure files are handled administratively in the proper fashion.

Talk to you next week!

Jim Wirken is a civil trial attorney and the Chairman of the Board of The Wirken Law Group in Kansas City.