Using a Trial Outline for Litigation and Non-Litigation Matters
Some weeks ago we began to talk about the third part of every business in the world, as one of the five parts that makes every business operate and that is "getting the work done." The other four areas are as follows: A. "Clients or Customers"; B. "Administration"; C. "Billing"; and D. "Collecting".
In talking about, "tips" for "getting the work done" there is one tool that can be utilized in both litigation and non-litigation matters. We talked about this tool in the area of "administration" and that is the use of trial outlines.
You are probably asking yourself what does a trial outline have to do with non-litigation matters in terms of "getting the work done?" The answer is quite simple, every matter in your office needs to be organized if its going to be handled in an efficient manner. You may remember there are twenty-six different forms that we use in a trial outline, what you may not have realized at the time is just how many of those forms can be helpful with handling any matter in your office regardless of whether or not it is litigation-oriented.
The following is a list of the items that are contained in a trial outline that can be used to help organize and facilitate the handling of non-litigation matters in your office. The list is as follows: 1. Table of Contents; 2. Directory; 3. Things to Do; 4. Case re-cap/settlement; 5. Chronology; 6. Witness Identification (Cast of Characters); 7. Exhibits (Documents) and Legal Memoranda.
I am going to take a number of these over the next several weeks and tell you how I utilize these forms in my practice for both litigation and non-litigation matters.
The first item I want to talk about is the utilization of three ring binders that contain these forms once they are filled out. The three ring binder is nothing more than a manual paper computer as opposed to keeping all this information electronically. I am still not convinced that keeping all of this information electronically is the best system, and hence I am still utilizing three ring binders and paper to organize matters in my office. I am confident that eventually there will be a paperless way to do many of the tasks that I do, but until I am convinced that you can put the information into the system and easily and accurately be able the pull the information back out of the system when you need it, there simply does not appear to be any substitute for the good old fashion way of organizing the paper. The beauty in the three ring binder is it can be sitting on the conference table with you when you are talking to your client. The three ring binder can be sitting on the table with you when you are in another office negotiating a settlement. The three ring binder can go with you anywhere and everywhere that your laptop computer can go. If you are keyboard facile and computer literate, you may want to think about simply coming up with a system to put all of the information that we are going to be talking about on your laptop. On the other hand, if you are computer challenged, use the three ring notebook.
Whenever we open up a non-litigation three ring notebook we do not put all of the forms that would be put into a litigation three ring binder. We never change the numbering system, because once you know form 17 is a Witness Identification or a Cast of Characters list, you can repeatedly simply refer to the tab that is number 17. In order to save organization, we would not even put in the forms for the numbers that we are not going to utilize. As you can see from the above, the non-litigation notebook can be made up of eight parts. I think you will be surprised how helpful this concept is to you if you can have someone in your office put the information in the forms so that when you need it you can use it.
After you get your three ring notebook and your numbered tabs corresponding to each of the forms you are going to use, go ahead and put the proper numbered tabs in the book with the proper form after each tab.
Let's talk about form number one — Table of Contents.
I recommend that you simply print out the whole form for the table of the contents even though you are not going to utilize all twenty-six forms. The reason for this is it simply reinforces you remembering which numbered form applies to which area. Once you become comfortable with this you will very easily be able to recognize how these forms can be used in both litigation and non-litigation matters. In the categories that you are not utilizing for the non-litigation three ring notebook, simply put not applicable (N/A).
As an aside, I use trial outlines for jury cases, non-jury cases and non-litigation matters. I simply find it an incredibly helpful tool to keep myself organized and to keep the people that I am working with in the law firm moving forward to get the case prepared for resolution in a systematic and organized fashion.
The comments section is to list things such as ongoing, done, not applicable, etc. The priority section which is stated as PRIOR. Is the priority system using two digits that I have distressed before. A 11 is a number one priority. A 12 would be next. Anything that is a one comes before a 2, any two comes before a three, etc. The PERS. RESP. means the person responsible. I have utilized people's three initials in my office for everything that is on an organizational basis. Whenever anything needs to be circulated to everyone in the office, we use the three initials. When everyone phone extensions are listed we use the three initials. The more that you get used to utilizing the three initials, the easier it becomes to route information to various people in the office. Obviously, if someone only has two initials, that is all they get. The last column is the DUE and again that is self-explanatory with regard to what date it is that you have given to a particular person to have a particular task accomplished. Make these dates realistic, and hold people to them. Make people be accountable.
The next form is a Directory Form. As you can see, having the name of the case whether it is non-litigation or litigation is very helpful. If you are the plaintiff in the matter you can put a versus between the name of your client and the other client, if you are a defendant in the matter, put your client first then put a semicolon and then put the other party, with a versus after their name. Whether it is a litigation or non-litigation matter, this simply differentiates as to what side of the matter you are on. Obviously you need the information of your client and the counsel for the other parties. You do not need any court personnel information and so that information in the form can be left blank. If you have any other pertinent information with regard to the parties this is the perfect form to put that information on.
One of the best tools to utilize in any matter in your office is a things to do list. As you obviously realize, I am a list maker. Again, the form is pretty self-explanatory with regard to the task, priority, responsible person and due date. The beauty of the utilization of this form is that you have a place to turn to to write down in a "flight of thoughts" all of the various items that come into your mind with regard to what needs to be done to move a particular matter forward towards resolution. Having a standardized form to put this on, and training yourself to turn to that form or to have one of your staff members put the information on the form, is an incredibly helpful way to keep track of things that you think about that need to be done on a particular matter.
I am not sure that I have previously communicated to you a thought that just went through my mind as I was writing this column about utilization of forms and organizational systems. That thought is, that not only are you to free to live creatively, when the space is ordered, but you are probably able to live larger. What this means, is that if you are more organized, you can handle more matters. Each of us is only given so much time each day to be able to do what we need to do to make a living practicing law. If you are organized, you can handle more matters, if you handle more matters, you can bill more clients, if you bill more clients, you will make money. Wow! Now there is a novel concept.
Next week I am going to continue to talk about how you can utilize trial outlines forms in non-litigation matters. I think that you will find some of these comments quite interesting with regard to not only how you can stay more organized, but how you can have other people in your office help you stay organized, and present to you information that will very quickly allow you to review information that other people have gleaned from the files, that quickly puts you on top of the factual basis that you need to utilize in making your legal diagnosis, legal prognosis and legal prescription for treatment.
Talk to you next week.
FORM 1 - TABLE OF CONTENTS
Name of Case:
Case Number:
Prepared By: UPDATED:
NAME OF FORM COMMENTS PRIOR. PERS. RESP. DUE
1. Table of Contents
2. Directory
3. Things to Do
4. Case Re-Cap/Settlement
FORM 2 - DIRECTORY
Name of Case: Case Number:
Prepared By:
STYLE OF CASE:
CLIENT:
Name:
Address:
Phone:
CO-COUNSEL:(If Applicable)
Attorney:
Address:
Phone:
Client:
COUNSEL FOR OTHER PARTIES:
Attorney:
Address:
Phone:
Client:
COURT PERSONNEL:
Judge:
Clerk:
Address:
Phone:
Reporter:
Address:
Phone:
Law Clerk/Bailiff:
Address:
Phone:
FORM 3 - THINGS TO DO
Date:
Name of Case:
Case Number:
Prepared By:
TASK PRIORITY RESP. PER. DUE
1.
2.
3.
Jim Wirken is a civil trial attorney and the Chairman of the Board of The Wirken Law Group in Kansas City.