Head into trial at full steam: make sure you're completely prepared for your client's day in court. Here's what you should do when you pass the 90-, 60-, and 30-day marks in your countdown to trial.To obtain the best results for your clients, you must start preparing their case from the first moment you meet them, expecting to take the case to trial. A friend and colleague of mine likes to say that you can always settle the case you prepared to try, but you can't try the case you prepared to settle. If you proceed with a case believing it will settle, the defense will detect your attitude and exploit your weaknesses. The key is preparation, preparation, and more preparation. Of course, what you need to do differs in every jurisdiction and according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the scheduling order. But if you place important tasks into specific time frames, starting at 90 days before trial, you'll have an overall timetable that will work well in most cases. 90 days to trial Review the file to refocus Verb 1. refocus - focus once again; The physicist refocused the light beam" focus - cause to converge on or toward a central point; "Focus the light on this image" 2. your theme. Go through the entire file to obtain a renewed feel for the case, and decide in which direction it needs to go during the remaining three months. Determine what immediate tasks need to be accomplished and assign them. If you have a litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. team, decide who is responsible for which witnesses, remaining discovery issues, and other areas of the trial. Then schedule periodic meetings to check the stares of the work with everyone. Three months before trial is not the time to come up with a theme for your case. It is, however, the time to refine your theme to fit all the evidence. Look for any testimony from a defendant or other fact witness that supports your theme or provides you with an opening to use another theme that may fit the case better. Meet with your client. Meet to discuss his or her current medical condition and other damages-related issues. Identify "trigger testimony"--words or areas of testimony that elicit a powerful response from your client when you mention them. Meet again with the client's family members and friends to find out how his or her life has changed since the injury occurred, even during the course of the litigation. Give the client copies of his or her own and other relevant deposition transcripts, as well as discovery answers and responses. Reassure the client that you have a firm grasp of the facts, that you are committed to trying the case, and that you will support him or her unconditionally through this intimidating in·tim·i·date tr.v. in·tim·i·dat·ed, in·tim·i·dat·ing, in·tim·i·dates 1. To make timid; fill with fear. 2. To coerce or inhibit by or as if by threats. process. Review medical records and bills. Review the records that have been exchanged in the case to ensure yours are current. Start by asking your client whether he or she has seen any new health care providers. Contact these providers directly and order any new records and bills. Pay special attention to important records that may have been produced immediately before or during depositions and that may not have made it into your master file. Give updated records to experts. As soon as you have organized and indexed any new records and expenses, provide them to the defense and the appropriate experts. Inform the defense in writing that the updated records have been provided to your experts and that their opinions remain unchanged. If these new records change your experts' opinions in any way, inform the defense immediately so they have an opportunity to depose To make a deposition; to give evidence in the shape of a deposition; to make statements that are written down and sworn to; to give testimony that is reduced to writing by a duly qualified officer and sworn to by the deponent. your experts on their new opinions. The worst thing you can do is fail to disclose these supplemental opinions and have the defense object and claim surprise at trial. The court may rule that because the new opinions were not disclosed, the jury cannot hear them. Organize your medical expense binder binder: see combine. An earlier Microsoft Office workbook file that let users combine related documents from different Office applications. The documents could be viewed, saved, opened, e-mailed and printed as a group. . This hinder should include a summary listing each amount billed next to the name of each provider, with the total expenses at the bottom. Make sure that all expenses listed in the binder are related to the defendant's negligence, If there are unrelated bills, the defense will bring them to the jury's attention, and the jury will probably believe you have inflated the figures. Your credibility will be damaged, as will your expert's, because he or she is testifying that the expenses are reasonable and related to the negligence. Notify experts of the trial date. If you have not already done so, notify your experts of the trial date and the dates they are expected to be called--or confirm the dates with them--in writing. Update expert information. Determine whether any of your experts need to re-examine re·ex·am·ine also re-ex·am·ine tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines 1. To examine again or anew; review. 2. Law To question (a witness) again after cross-examination. your client. For example, in a brain-damaged baby case, many months may have gone by since your pediatric pediatric /pe·di·at·ric/ (pe?de-at´rik) pertaining to the health of children. pe·di·at·ric adj. Of or relating to pediatrics. neurologist Neurologist A doctor who specializes in disorders of the brain and central nervous system. Mentioned in: Cervical Disk Disease neurologist a specialist in neurology. examined your client, and the expert needs to know about gains or setbacks the client has experienced since then. Schedule the examinations and update the defendants as necessary with supplemental reports. Now is also the time to have your life care planner and economist update and supplement the reports they probably prepared months ago. Your life care planner should talk with treating physicians or your damages experts to ensure that the supplemented plan is still reasonable. Provide supplemental reports to the defense. Determine whether any of the life care planner's recommendations have already been implemented. If none have, determine whether any of them can or should be implemented before trial. When your life care planner can testify that several recommendations have already been implemented, he or she gains credibility. Also make sure your liability experts have been given all pertinent new records, depositions, and other documents, so they have sufficient time to review and digest the material before your scheduled trial preparation meetings with the experts. Ensure that they, your client, and other fact witnesses have received copies of their own depositions and have completed the errata er·ra·ta n. Plural of erratum. sheets as necessary. Follow up on depositions. Have all depositions been abstracted? If not, get the abstracts done immediately. Update or create a time line using the deposition testimony and records. Review the transcripts to ensure that actions triggered by the depositions (such as requesting records and preparing motions in limine in limine (in limb-in-ay) from Latin for "at the threshold," referring to a motion before a trial begins. A motion to suppress illegally-obtained evidence is such a motion. (See: motion to suppress) IN LIMINE. In or at the beginning. based on deponents' testimony) have been completed, If you didn't get all the records, send the letters requesting them so you have time to file appropriate motions before the close of discovery. Review elements of proof. If you have not done so already, prepare a checklist for how you intend to prove each element of your case. A good place to start is with the proposed jury instructions Jury instructions are the set of legal rules that jurors must follow when the jury is deciding a civil or criminal case. Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. . Identify each element you must prove from the instructions, and create a checklist identifying your source of proof--witness or document--for each. Doing so will reveal whether some of your proof is lacking. You still have time to correct any deficits while discovery remains open. Prepare a witness checklist. Prepare a list of witnesses with contact information for each, including work, home, and cell phone numbers, as well as travel and hotel information as necessary. For experts, include dates they absolutely cannot testify in the event that witnesses are held over at trial. Have factual and legal research ready. You should have a clear idea of the factual and legal issues that trial defense will attempt to bring out at trial, If you expect to file motions in limine, prepare them in advance and have supporting case law, articles, and testimony ready. Review learned treatises learned treatise Informatics A standard text–eg, Sabiston's Textbook of Surgery or other written authoritative source–eg, Dorland's Medical Dictionary which may be used as an 'expert' in a court of law . If you will use articles, textbooks, or treatises, make sure that you have these sources available and understand the information they contain. If they are not being used exclusively for impeachment impeachment, formal accusation issued by a legislature against a public official charged with crime or other serious misconduct. In a looser sense the term is sometimes applied also to the trial by the legislature that may follow. , you may need to disclose them to the other side. If you are having trouble locating articles, ask your experts for assistance. Make sure you have planned how to get this information before the jury. Even if an article will be used strictly for impeachment purposes, the defense expert will probably testify that the article is not authoritative or reliable. If so, you will need your expert to testify that it is. You must be careful to ensure that the article is, in fact, reliable so that your expert is not overreaching Exploiting a situation through Fraud or Unconscionable conduct. in his or her support of it. Update discovery responses. Review your answers to interrogatories Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit. and discovery responses. Supplement them as necessary so you will not be precluded from pursuing all relevant theories and producing proof of all elements of your case. Perhaps during some phase of discovery, you said you would supplement a point at a later time. Now is the time: With 90 days to go before trial, you leave enough time for further discovery related to the new materials, if needed. Also review the defendants' discovery responses to determine whether they have answered appropriately, If you believe their responses are deficient de·fi·cient adj. 1. Lacking an essential quality or element. 2. Inadequate in amount or degree; insufficient. deficient a state of being in deficit. , send out a good-faith letter requesting proper responses, and if it goes unanswered, file your motion to compel A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the production of documents and proper responses. Do not leave the door open for the defense to produce new, damaging evidence on the eve On the Eve (Накануне in Russian) is the third novel by famous Russian writer Ivan Turgenev, best known for his short stories and the novel Fathers and Sons. of trial--or to refuse to produce helpful evidence after the close of discovery--because you failed to object to incomplete discovery responses and file timely motions to compel Compel - COMpute ParallEL . Prepare testimony outlines. Create outlines for direct examinations and cross-examinations. Organize your trial notebooks. Trial notebooks are a matter of style and preference--there is no one correct way to organize your materials. One method is to maintain six principal notebooks: * Law: all court orders, including the pretrial pre·tri·al n. A proceeding held before an official trial, especially to clarify points of law and facts. adj. 1. Of or relating to a pretrial. 2. order; motions in limine; voir dire voir dire (Anglo-French; “to speak the truth”) In law, the act or process of questioning prospective jurors to determine whether they are qualified and suitable for service on a jury. ; jury instructions; stipulations; and "hot correspondence" (Hot correspondence includes discussions or agreements among counsel--that were reduced to writing--regarding issues that may arise at trial. For example, if the defendants agreed to accept trial subpoenas for nondefendant fact witnesses, that letter should be included in the binder, should such a witness fail to show up at trial.) * Court documents: answers to interrogatories, responses to requests for production of documents and admissions of fact, motions for summary judgment, Daubert or Frye motions, and other documents you believe may be revisited during trial * Plaintiff witnesses: a section for each witness that includes the proposed examination, deposition abstract, condensed con·dense v. con·densed, con·dens·ing, con·dens·es v.tr. 1. To reduce the volume or compass of. 2. To make more concise; abridge or shorten. 3. Physics a. deposition transcript, and any correspondence relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc that witness's testimony * Defense witnesses: same content as for plaintiff witnesses * Exhibits: original in a sleeve (not three-hole punched), with more than sufficient copies for the court and all counsel * Depositions: all condensed deposition transcripts, abstracts, and exhibits Creating these notebooks early in trial preparation will help you get and stay organized. Update lien information. Make sure the appropriate notice letters to Medicaid, Medicare, or other "super lien" priority entities (when you--not just your client--have a duty to notify your client's insurer) have been sent and that your medical expense binder is updated and sent to the defendants. Prepare demonstrative evidence Evidence other than testimony that is presented during the course of a civil or criminal trial. Demonstrative evidence includes actual evidence (e.g., a set of bloody gloves from a murder scene) and illustrative evidence (e.g., photographs and charts). . A colorful exhibit or one that places complicated concepts into a simple chart can make all the difference in whether the jury listens intently or eagerly awaits the next break. Of equal importance are witnesses who can authenticate (1) To verify (guarantee) the identity of a person or company. To ensure that the individual or organization is really who it says it is. See authentication and digital certificate. (2) To verify (guarantee) that data has not been altered. exhibits. Be ready for objections; prepare arguments explaining how your exhibit will assist the trier of fact trier of fact n. the judge or jury responsible for deciding factual issues in a trial. If there is no jury the judge is the trier of fact as well as the trier of the law. . Decide which exhibits to enlarge TO ENLARGE. To extend; as, to enlarge a rule to plead, is to extend the time during which a defendant may plead. To enlarge, means also to set at liberty; as, the prisoner was enlarged on giving bail. or present electronically, and honor Murphy's Law (humour) Murphy's Law - (Or "Sod's Law") The correct, *original* Murphy's Law reads: "If there are two or more ways to do something, and one of those ways can result in a catastrophe, then someone will do it. : Plan to have backup hardcopy exhibits. Update your day-in-the-life video, which should have been produced by this point, and identify portions to show. Check with your experts to see if they have suggestions for exhibits to support their testimony; they may have ideas you have not considered. Also, ask if they have preferences about how you present exhibits during their testimony. Develop impeachment evidence. Make your final attempts to obtain impeachment materials on defense expert witnesses. Review their deposition transcripts again. Get copies of their depositions in other cases by contacting plaintiff lawyers in those cases and the ATLA ATLA Association of Trial Lawyers of America ATLA American Theological Library Association ATLA American Trial Lawyers Association ATLA Air Transport Licensing Authority (Hong Kong) ATLA Avatar: The Last Airbender Exchange (www.exchange.atla.org). Visit ATLA's Medical Malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. and Expert Witness list servers to post a request for deposition transcripts (www.atla. org/lyris), If available, check similar resources provided by your state trial lawyer association. You may want to contact an attorney in the state where the expert resides for additional information. Plan for jury selection. Especially in today's plaintiff-hostile environment, you must know what elements of your case will positively influence jurors, If the case is complex, this is the time to consider whether you should contact a jury consultant. A consultant can help you frame voir dire questions to elicit certain biases and decide in advance what types of jurors you most want and don't want on your panel. Identifying which jurors you want is important, but it is more important to identify those you do not want. Conduct focus groups. Focus groups can help you capitalize on Cap´i`tal`ize on` v. t. 1. To turn (an opportunity) to one's advantage; to take advantage of (a situation); to profit from; as, to capitalize on an opponent's mistakes s>. your opponent's mistakes and reduce the number of mistakes you make before and during trial. "Mock jurors" in focus groups tell you what aspects of your case were important to them, what facts they assumed, and what they misunderstood. They can help you explore alternative theories and themes before your day in court. Schedule focus group sessions early and more than once, if necessary. 60 days to trial Maintain the momentum you have been building by remaining disciplined. Continue client preparation. This is the single most important step you can take toward success. There is little you can do to rehabilitate re·ha·bil·i·tate v. 1. To restore to good health or useful life, as through therapy and education. 2. To restore to good condition, operation, or capacity. your case if your client seems dishonest, greedy, or distracted. But if your client comes across as compelling and honest, you can feel comfortable that the jury will at least be attentive to evidence supporting his or her case. Skimping 'skimping' Managed care The delaying or denial of services to members of a prepaid or 'capped' health plan, to control costs–because the monies received by the health plan remain constant, providing 'extra' services is more costly to the plan. See Skimming, Capitation. on client preparation or winging it will almost certainly produce a bad result. One preparation session will not suffice. Consider hiring a jury consultant who can work with your client on demeanor The outward physical behavior and appearance of a person. Demeanor is not merely what someone says but the manner in which it is said. Factors that contribute to an individual's demeanor include tone of voice, facial expressions, gestures, and carriage. and presentation. Your client gets only one chance to tell his or her story in front of the jury; make sure your client is prepared to fully express how he or she has been affected by the defendant's negligence. Another visit to your client's home during this time also can help you see how your client lives and is affected by his or her injuries. You'd be surprised at what you can learn about your client from a home visit. Send experts another reminder. Send out another letter to each, reminding them of their anticipated testimony date. Schedule trial preparation dates for each expert for the two weeks before trial. Have an outline of your anticipated direct examination and go over the important questions, especially if a witness is inexperienced in·ex·pe·ri·ence n. 1. Lack of experience. 2. Lack of the knowledge gained from experience. in in court, If possible, try to schedule an hour of preparation time on the night before the witness testifies to review critical points and the anticipated order of questions. As you review updated materials and your expert's opinions, make sure the expert is not saying anything contrary to his or her deposition testimony. Update motions in limine. Continue to isolate issues you believe defendants will seek to exploit at trial and prepare motions to keep these issues from the jury. Anticipate a bad ruling with a trial memorandum fully explaining the law and your positions, and be prepared to mark it as a court exhibit at trial to further preserve the issues for appeal. Prepare subpoenas. Send a letter to the defense asking whether they are willing to accept trial subpoenas for non-defendant witnesses who are under control of the defendants, such as nurses and residents, If so, send them via certified mail certified mail n. Uninsured first-class mail for which proof of delivery is obtained. certified mail (US) n → Einschreiben nt ; if not, get the necessary paperwork ready. Request admission of facts. Did you forget to obtain any information that you may be able to get via a request for admission? These requests are a great (and underused) tool to streamline some of your offers of proof at trial. Specifically tailor them and serve them on the defendants with plenty of time before the close of discovery. Remember that in most circumstances, a party has 30 days to answer, and many scheduling orders require all requests to be served more than 30 days from the close of discovery. Look into members of the jury pool. Does your jurisdiction provide a list of prospective jury pool members? If so, find out as much as possible, If not, do your homework on the demographics The attributes of people in a particular geographic area. Used for marketing purposes, population, ethnic origins, religion, spoken language, income and age range are examples of demographic data. of the jurisdiction and the number and amounts of plaintiff verdicts. Prepare pretrial conference A meeting of the parties to an action and their attorneys held before the court prior to the commencement of actual courtroom proceedings. A pretrial conference is a meeting of the parties to a case conducted prior to trial. filings. Are there filing requirements for the pretrial or settlement conference? Know the requirements and deadlines, and prepare jury instructions, voir dire, verdict sheets, and other pretrial filings accordingly, If you have special issues that are not covered not covered Health care adjective Referring to a procedure, test or other health service to which a policy holder or insurance beneficiary is not entitled under the terms of the policy or payment system–eg, Medicare. Cf Covered. by the standard jury instructions, draft alternative instructions and have supportive case law ready. Make copies of unreported or out-of-state cases for the judge and opposing counsel. Organize medical records and expenses for exhibits. Medical records and bills need to be organized so they can be placed into a joint medical records exhibit (with the plaintiff's and defendant's agreed-upon records) and a joint medical expenses exhibit. Send a letter to the defense to determine whether they are interested in a joint exhibit. Once it's agreed on, place the records into their final format, Bates Bates , Katherine Lee 1859-1929. American educator and writer best known for her poem "America the Beautiful," written in 1893 and revised in 1904 and 1911. stamped, and make the proper number of copies. Make sure to send invoices to all counsel to cover the cost of their portion of these joint exhibits. Take time off. Make sure you take some time off, even if only for a long weekend. You are about to enter the final stretch of a long and arduous ar·du·ous adj. 1. Demanding great effort or labor; difficult: "the arduous work of preparing a Dictionary of the English Language" Thomas Macaulay. 2. process, and you need to make sure your body and mind are sufficiently rested so that you can push through the final preparations for trial and the trial itself. Spend quality time with family and friends, as you will not see them much in the coming weeks. 30 days to trial Now you are in the home stretch. Hold more frequent meetings of your litigation team as you carry out your final preparations. Confirm logistics. Confirm experts' flight and hotel arrangements. Make or confirm your reservations for car, hotel, and flights. Having the experts stay in the same hotel as you is convenient, especially for last-minute preparations and to ensure the experts arrive at the courthouse on time. Also confirm all contact information for your witnesses. Get subpoenas in order. Get your subpoenas out the door to be served, including those for production of the original medical chart at trial and all protocols, policies, and procedures manuals in the hospital's possession. Have these subpoenas compel production on the first day of trial, to remain for the duration of the proceedings. If the defendants will not stipulate stip·u·late 1 v. stip·u·lat·ed, stip·u·lat·ing, stip·u·lates v.tr. 1. a. To lay down as a condition of an agreement; require by contract. b. to the authenticity of records and reasonableness of bills, subpoena subpoena (səpē`nə) [Lat.,=under penalty], in law, an order to a witness to appear before a court. A subpoena ad testificandum [Lat. corporate designees or custodians
The Custodians is terminology in the Bahá'í Faith, which refers to nine Hands of the Cause assigned specifically to work at the Bahá'í World Centre in attendance to the Guardian of the Faith. of records. Transport the file. Begin placing the file into position to ship in boxes to your base of operations Noun 1. base of operations - installation from which a military force initiates operations; "the attack wiped out our forward bases" base air base, air station - a base for military aircraft army base - a large base of operations for an army . Determine who is in charge at the base to receive the boxes and keep them secure. Number and inventory all boxes before they leave your office, and keep that information with you as you travel. Pack all the office supplies Office supplies is the generic term that refers to all supplies regularly used in offices by businesses and other organizations, from private citizens to governments, who works with the collection, refinement, and output of information (colloquially referred to as "paper work"). you need. Continue client and witness preparation. Meet with your client to discuss in detail the risks inherent in every trial and what he or she should expect--from the courtroom layout and breaks to the anticipated course of trial. Remind your client that some of the testimony given by others will not be flattering flat·ter 1 v. flat·tered, flat·ter·ing, flat·ters v.tr. 1. To compliment excessively and often insincerely, especially in order to win favor. 2. to him or her. Emphasize how important it is that the client actively listen and not look distracted. Review expectations for dress, jewelry jewelry, personal adornments worn for ornament or utility, to show rank or wealth, or to follow superstitious custom or fashion. The most universal forms of jewelry are the necklace, bracelet, ring, pin, and earring. , smoking, and talking to Noun 1. talking to - a lengthy rebuke; "a good lecture was my father's idea of discipline"; "the teacher gave him a talking to" lecture, speech rebuke, reprehension, reprimand, reproof, reproval - an act or expression of criticism and censure; "he had to jurors. Visit the courtroom. Visiting the courtroom with the client during off-hours will allow him or her to become comfortable with the surroundings. Contact the court to see what the judge's preferences are with respect to the presentation of evidence electronically. What capabilities does the courtroom have to manage a projector? Where will you place the screen? Can the court provide the LCD equipment and screen? If not, what steps are necessary to get the equipment through security? Do not forget extension cords and strip power outlets. Call colleagues who have tried cases in the jurisdiction or in front of this judge for their insight. Narrow the field of witnesses. Decide which of your witnesses you will call to the stand. Is the testimony of some witnesses redundant? Who did not do well during depositions? Have you found additional information on an expert that may hurt his or her credibility (and thereby yours and your client's)? If you believe your other experts will be sufficient, cut the witness loose. Advise him or her in writing. Finalize fi·nal·ize tr.v. fi·nal·ized, fi·nal·iz·ing, fi·nal·iz·es To put into final form; complete or conclude: "They have jointly agreed ... demonstrative evidence. If you are using video clips A short video presentation. , photographs, or PowerPoint or other demonstrative LEGACY, DEMONSTRATIVE. A demonstrative legacy is a bequest of a certain sum of money; intended for the legatee at all events, with a fund particularly referred to for its payment; so that if the estate be not the testator's property at his death, the legacy will not fail: but be payable software, ensure that it is in final form and that you have backups (save files to a CD or flash drive, and bring enough paper copies for the judge, defense counsel, yourself, and possibly the jury). If editing needs to be done, make sure it can be done on time. Fine-tune. When you prepare a complex personal injury case with the expectation that you will try it, your bargaining position bargaining position n to be in a strong/weak bargaining position → estar/no estar en una posición de fuerza para negociar bargaining position n is enhanced tenfold tenfold Adjective 1. having ten times as many or as much 2. composed of ten parts Adverb by ten times as many or as much Adj. 1. . You will have less work to do in the weeks leading up to trial, and your preparation will affect how your opposing counsel perceives you. When you are organized and implement a plan, you can reduce stress and function at a higher level, advancing your clients' interests and maximizing your chance of success.
90 days and counting
Don't let the details slip through the
cracks on your way to the courthouse.
Keep this checklist handy during your
last three months of trial preparation.
90 days to trial
* Review the file to refocus your theme
* Assign tasks and responsibilities
* Schedule periodic meetings to
check status
* Refine your theme
* Meet with your client
* Discuss current medical condition
and other damages issues
* Identify "trigger testimony"
* Meet with family members and
friends
* Give client copies of discovery
materials
* Review medical records and bills
* Order updated records and bills
* Call client to identify new health
care providers
* Pay attention to records produced
before depositions
* Give updated records to experts
* Organize medical expense binder
* Notify experts of the trial date
* Update expert information
* Schedule time for experts to
re-examine client
* Have life care planner and economist
supplement reports
* Provide supplemental reports to
the defense
* Find out whether life care plan
recommendations have been or
can be implemented
* Give experts copies of their depositions
and completed errata sheets,
as well as other relevant depositions
* Follow up on depositions
* Create time line using deposition
testimony and records
* Follow up on requests for records
revealed during depositions
* Review elements of proof
* Create checklist that identifies the
source of proof for each element
of the case
* Correct deficits if some proof is
lacking
* Prepare witness checklist
* Have factual and legal research ready
* Review learned treatises
* Make sure you understand the information
in learned treatises
* If not exclusively for impeachment,
disclose to defense if
necessary
* Use experts to locate articles
* Determine who is authenticating
* Update discovery responses
* Review and supplement discovery
responses
* Review defendants' discovery responses
to determine whether
they are sufficient
* If deficient, send good-faith letter
* If good-faith letter goes unanswered,
file motion to compel
* Prepare testimony outlines
* Organize trial notebooks
* Update lien information
* Prepare demonstrative evidence
* Determine witnesses to authenticate
and verify accuracy
* Research and prepare arguments
for objections
* Develop impeachment evidence
* Review defense expert deposition
transcripts
* Get transcripts of experts' depositions
in other cases
* Plan for jury selection
* Conduct focus groups
60 days to trial
* Continue client preparation
* Send experts another reminder
* Schedule trial preparation sessions
for two weeks before trial
* Schedule preparation time the
night before trial testimony
* Check with experts about
presentation of exhibits or suggestions
for exhibits
* Update motions in limine
* Prepare subpoenas
* Request admission of facts
* Look into members of the jury pool
* Prepare pretrial conference filings
* Organize joint medical records and
expenses
* Send letter to defense to gauge interest
in joint exhibit
* If defense agrees, send a copy of
records in draft format
* Place into final format, Bates
stamped, and make copies
* Send invoice to all counsel for
their portion
* Take time off
30 days to trial
* Confirm logistics
* Get subpoenas in order
* Transport the file
* Continue client and witness
preparation
* Visit the courtroom
* Narrow down field of witnesses
* Finalize demonstrative evidence
CHRISTIAN C. MESTER is a partner in the law firm of Janet, Jenner & Suggs, with offices in Baltimore and Columbia, South Carolina Columbia is the state capital and largest city of South Carolina. As of 2006, estimates for the population of the city proper is 122,819[1]. Columbia is the county seat of Richland County, but a small portion of the city extends into Lexington County. . |
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