a paralegal's guide to developing a trial notebook

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2019 Edition A Paralegal's Guide to Developing a Trial Notebook

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Page 1: A Paralegal's Guide to Developing a Trial Notebook

2019 Edition

A Paralegal's Guide to Developing a Trial Notebook

Page 2: A Paralegal's Guide to Developing a Trial Notebook

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Page 3: A Paralegal's Guide to Developing a Trial Notebook

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Page 4: A Paralegal's Guide to Developing a Trial Notebook

A PARALEGAL’S GUIDE TO DEVELOPING A TRIAL

NOTEBOOK

PRESENTED BY MINDI L. SCHAEFER, M.S., RP, OSBA, AACP

Page 5: A Paralegal's Guide to Developing a Trial Notebook

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.

Page 6: A Paralegal's Guide to Developing a 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

Page 7: A Paralegal's Guide to Developing a Trial Notebook

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

Page 8: A Paralegal's Guide to Developing a Trial Notebook

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

Page 9: A Paralegal's Guide to Developing a Trial Notebook

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!!

Page 10: A Paralegal's Guide to Developing a Trial Notebook

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

Page 11: A Paralegal's Guide to Developing a Trial Notebook

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

Page 12: A Paralegal's Guide to Developing a Trial Notebook

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

Page 13: A Paralegal's Guide to Developing a Trial Notebook

LITIGATION FORMAT

Litigation format = organized by particular key sections of the Trial

Trial Contact Sheet

Pleadings

Research & Case Law

Trial Exhibits

Trial Witnesses

Jury

Page 14: A Paralegal's Guide to Developing a Trial Notebook

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

Page 15: A Paralegal's Guide to Developing a Trial Notebook

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

Page 16: A Paralegal's Guide to Developing a Trial Notebook

THE WHATEVER THE ATTORNEY WANTS FORMAT

The Wild, Wild West starts right here!

Page 17: A Paralegal's Guide to Developing a Trial Notebook

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

Page 18: A Paralegal's Guide to Developing a Trial Notebook

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

Page 19: A Paralegal's Guide to Developing a Trial Notebook

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

Page 20: A Paralegal's Guide to Developing a Trial Notebook

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

Page 21: A Paralegal's Guide to Developing a Trial Notebook

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

Page 22: A Paralegal's Guide to Developing a Trial Notebook

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

Page 23: A Paralegal's Guide to Developing a Trial Notebook

TRIAL EXHIBIT CHART

Exhibit Document Bates

Number

ID ADM OBJ NOTES

Page 24: A Paralegal's Guide to Developing a Trial Notebook

JURY SELECTION SEATING CHART

Page 25: A Paralegal's Guide to Developing a Trial Notebook

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

Page 26: A Paralegal's Guide to Developing a Trial Notebook

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.

Page 27: A Paralegal's Guide to Developing a Trial Notebook

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

Page 28: A Paralegal's Guide to Developing a Trial Notebook

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

Page 29: A Paralegal's Guide to Developing a Trial Notebook

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

Page 30: A Paralegal's Guide to Developing a Trial Notebook

ECOPY PDF PRO OFFICE 6.2

Page 31: A Paralegal's Guide to Developing a Trial Notebook

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

Page 32: A Paralegal's Guide to Developing a Trial Notebook

CONTACT INFORMATION

Mindi L. Schaefer, M.S., RP, OSBA, AACP Administrative & Paralegal Support Director

[email protected]

Columbus 614.737.2914 | Mobile 937.417.9813 poling-law.com

COLUMBUS, OH – DAYTON, OH – FAIRFAX, VA