a paralegal's guide to developing a trial notebook
TRANSCRIPT
2019 Edition
A Paralegal's Guide to Developing a Trial Notebook
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A PARALEGAL’S GUIDE TO DEVELOPING A TRIAL
NOTEBOOK
PRESENTED BY MINDI L. SCHAEFER, M.S., RP, OSBA, AACP
COURSE DESCRIPTION
Organization is the key to life especially the life of a paralegal. In the twenty years I’ve been a paralegal, the
fundamental theme over and over again is organization. The same holds true to Trial preparation. Developing a
strong Trial Notebook that is both organized and comprehensive will be a lifesaver to the Trial team. This CLE will
discuss the purpose and reason why a Trial Notebook is helpful, review the format options available for Trial
Notebooks, and discuss the endless content possibilities for your next Trial Notebook.
PRINCIPALS
Purpose and reason why a Trial Notebook is helpful
Format options including chronological and litigation
Potential content contained within a successful Trial Notebook
Technology’s involvement in Trial Notebook Creation
SYLLABUS
Why have a Trial Notebook?
Chronological Format
Litigation Format
The Whatever the Attorney Wants Format
Basic Content to All Content Under the Sun
Technology and Trial Notebooks
INSTRUCTOR
Mindi L. Schaefer, M.S., RP, OSBA, AACP
Collector of initials - 3 degrees / 3 certifications
Administrative & Paralegal Support Director with Poling
VP & Director of Profession Development with NFPA
PR Representative and Committee Chair with PACO
Marcus, Chip, and 10 mini Mindis
WHY HAVE A TRIAL NOTEBOOK?
Source: The Trial Notebook – Courtesy of InfoQuest and Blumberg Excelsior
“Top Ten Reasons to Create a Trial Notebook”
10. The process itself is educational since you have to review your case while putting it together.
9. It helps you notice billable hours you might have misplaced had you not reviewed.
8. Nothing will sway a jury against you as quickly as looking disorganized and inept.
7. If you need to add attorneys for any reason, a good Trial Notebook brings them up to speed.
6. A good Trial Notebook can streamline your time in court which may win favor or good will.
5. If you’re support staff and create great Trial Notebooks, you might rule the firm one day!
4. It shows the Judge, Jury, and Opposition that you’re ready and you mean business!
3. Organization and readiness instill confidence in the presenting attorney(s).
2. It also instills confidence in the client (you know… the one writing the checks).
1. You want to WIN!!
T.R.I.A.L.
Thoroughness – Have you included everything you’ll need and then checked it all again?
Reliability – Accuracy aside, does your notebook format work? Is it softcopy or hardcopy?
Inquisitiveness – Do your sections and forms prompt you to provide the right info?
Appearance – Does your Trial Notebook package command respect or is it a mess?
Logic – Is there a good intuitive flow to the layout of your material? Can you navigate it easily?
Source: The Trial Notebook – Courtesy of InfoQuest and Blumberg Excelsior
CHRONOLOGICAL FORMAT
Chronological format = follows the course of the case and the way the case will move forward at Trial
Pleadings
Research & Case Law
Discovery
Jury
Evidence
Closing Argument
Jury Instructions
CONTENTS FOR CHRON FORMAT
Pleadings – Complaint, Answer, Notices, Motions, Memorandums, Replies, Briefs and/or Orders
Research & Case Law – cases referenced in any Motions, Memorandums, and/or Replies
Discovery – Requests and Responses to all parties
Jury – Questionnaires, Voir Dire, Seating Chart, and/or Opening Statement / PPT
Evidence – Trial Exhibits of all parties
Closing Argument – Closing Argument (if prepared and typed in advance)
Jury Instructions – instructions, verdict forms, and jury interrogatories
LITIGATION FORMAT
Litigation format = organized by particular key sections of the Trial
Trial Contact Sheet
Pleadings
Research & Case Law
Trial Exhibits
Trial Witnesses
Jury
CONTENTS FOR LIT FORMAT
Trial Contact Sheet – names, addresses, phone numbers, cell numbers, fax numbers, all information possible for all
individuals involved from the Judge to the parties to the experts
Pleadings – similar to Chron Format
Research & Case Law – similar to Chron Format
Trial Exhibits – for all parties
Trial Witnesses – for all parties; those who received Subpoenas
Jury – similar to Chron Format
BASIC STRUCTURE EXAMPLE
1. Pre-Trial
2. Voir Dire & Jury Info
3. Opening Statements
4. Presentation Schedule
5. Witnesses
6. Exhibits
7. Law & Court
8. The Opposition
9. Closing Statements
10. Jury Charge
11. Verdict and Post-Trial
12. Daily Journal & Miscellaneous
Source: The Trial Notebook – Courtesy of InfoQuest and Blumberg Excelsior
THE WHATEVER THE ATTORNEY WANTS FORMAT
The Wild, Wild West starts right here!
BASIC CONTENT TO ALL CONTENT UNDER THE SUN
Case Contact Sheet
Complaint & Amended Complaint
Answers
Discovery Requests & Responses
Medical Records & Bills
Expert CVs / Fee Schedules
Expert Reports
Depositions of Parties, Witnesses, and Experts
Trial Exhibits
Trial Witnesses
Motions in Limine
Trial Briefs and/or Pretrial Statements
Demonstrative Exhibits
Jury Instructions, Interrogatories, and Verdict Forms
Direct-examinations / Cross- examinations write-ups
Voir dire & Jurors
DOCUMENT LOG
Document
Name/Descrip
tion
Date Received Received From Produced to
Counsel?
Y/N
Name/Date of
Who Produced
to
Location of
Document in
DMS
PLEADINGS INDEX
Tab Date of Filing Name of
Pleading
Party Filing Response
Needed?
Response
Deadline
1 1/1/19 Complaint Plaintiff Yes Note: service
perfected
1/2/19 on
client Dr. Smith
1/30/19
2 1/30/19 Answer of
Defendant Dr.
Smith
Defendant
Smith
No N/A
3 1/31/19 Answer of
Defendant
West Hospital
Defendant
West
No N/A
DEPOSITION CHART
DEPOSITION
CHART
Date of
Deposition
Location of
Deposition
Court Reporter JPO Atty Transcript
Requested
Transcript
Received
Transcript
Filed
Date
Deposition
Summary
Prepared/Sent
to Company
Number of
Volumes
Lay Witnesses
Expert Witnesses
WITNESS CHART
WITNESS
CHART
Address Telephone
Number
Date of
Discovery
Deposition
Trial Subpoena
Needed
Defense
Witness
Plaintiff witness
disclosed to
opposing
counsel
Written
statements/rep
orts
Lay Witnesses
Expert Witnesses
TRIAL CONTACT SHEET
Case Affiliation Name Numbers / Email
Plaintiff’s attorney
Attorney for Defendants
Attorney for Defendants
Attorney for Defendants
Client (Insurance Company)
Insured (Defendant we represent)
Trial Tech Support
Medical Illustrator
Copy Service
Judge & Judge’s Staff
Expert 1 (ours) & their staff
Expert 2 (ours) & their staff
Expert 3 (ours) & their staff
Hotel During Trial
TRIAL EXHIBIT CHART
Exhibit Document Bates
Number
ID ADM OBJ NOTES
JURY SELECTION SEATING CHART
TESTIMONY SCHEDULE
Date Time Names Best Contact Case Affiliation
1/1/19 9:00 a.m. Bob Smith N/A Plaintiff
1/1/19 1:00 p.m. Joan London Cell: 614-777-8888 Defendant
JUROR POST TRIAL INTERVIEW
Lots of questions one could ask based on the case.
Create a standard form your office can use with space to modify case specific questions.
Standard data to include: name of juror, juror number, and juror location in the box.
Check link on Resource slide for an example list of questions.
MINDI’S IDEAL TRIAL NOTEBOOK INDEX – PART 1 OF 2
Trial Contact Sheet – attorneys, staff, Judge, staff, parties, experts, staff of experts, trial technician , etc.
Trial Schedule of Witnesses including parties, lay witnesses, and expert witnesses for all parties; include CVs and
reports of experts unless marked as a deposition exhibit
Pre-Trial / Pleadings – Complaint, Answer, pending Motions/Responses/Memos/Replies, Trial Briefs or Final Pretrial
Statements of all parties, and the Court’s Trial Order
Important Case Law/Research associated with pending Motions/Responses/Memos/Replies
Depositions including pageline summaries, condensed transcripts, errata sheets, signature pages, and exhibits for
all parties and experts – organized by Plaintiff, Defendant, Plaintiff ’s Expert, and Defendant’s Expert
MINDI’S IDEAL TRIAL NOTEBOOK INDEX – PART 2 OF 2
Evidence – Trial Exhibits for all parties including demonstrative exhibits such as medical illustrations
Jurors – jury instructions, verdict forms, interrogatories, seating chart, and jury questionnaires
Opening – this includes the opening statement and opening PPT
Examinations – direct-examinations of witnesses and cross-examinations of witnesses
Closing – this includes the closing statement and closing PPT
TECHNOLOGY AND TRIAL NOTEBOOKS
“Top 10 Qualities of a Good Software-Based Case Management / Trial Notebook System”
10. The software’s system requirements match the capabilities of your firm’s computers.
9. The package’s features and functions are an exact match to your office’s needs.
8. Use is intuitive and does not require much training. And if it does, training is included.
7. There are no hidden fees such as “per station,” “per time period,” “number of cases,” etc.
6. The software company does not place a great deal of emphasis on useless features.
5. The package won’t be obsolete in just a few months, unless upgrades are very low cost.
4. You can recoup the cost of investing in the software in a very short period of time.
3. The package is customizable by the user and can change and grow with the firm’s needs.
2. Tech support is free and available 24 hours a day, 7 days a week.
1. Tech support is staffed with operators you can understand and who can understand you.
Source: The Trial Notebook – Courtesy of InfoQuest and Blumberg Excelsior
ECOPY PDF PRO OFFICE 6.2
PRESENTATION RESOURCES
Mindi’s Personal Library of Random Stuff from 20 Years in the Field ☺
https://www.blumberg.com/downloads/TrialNotebook.pdf
https://www.sampletemplates.com/business-templates/chart/seating-chart.html
http://juryresearchinstitute.com/img/articles/LearningfromExperience.pdf
CONTACT INFORMATION
Mindi L. Schaefer, M.S., RP, OSBA, AACP Administrative & Paralegal Support Director
Columbus 614.737.2914 | Mobile 937.417.9813 poling-law.com
COLUMBUS, OH – DAYTON, OH – FAIRFAX, VA