Production flow in litigation

Monday June 14, 2010 • Comments Off 

I was putting together an exhibit binder for my co-counsel this morning, and it demonstrated once again how modern tools are making it much simpler for us to get our evidence pulled together as we work up our cases.

In the old days, I would have put yellow stickies on each of the pages I wanted copied, then either photocopied and three-hole punched them myself, or had my assistant do it.  Either way, I had to be in the office.

This morning, I sat at my desk at home, located each of the exhibit pages I had premarked in Adobe Acrobat Professional (pdf), printed the pages out and zoom, there was my binder. 

My co-counsel was happy, he told me he planned to send me more cases, which made me happy.

Sometimes, it is the simple things and in complicated legal cases, the simpler the better.



The California Electronic Discovery Act

Saturday June 12, 2010 • Comments Off 

I’ll be talking to the Ventura County Bar Association about California’s Electronic Discovery Act on July 13 (more details to follow), a great privilege.

I thought it would make sense to post some basics on the Act here, because electronic discovery is such a huge issue, a short talk really won’t do the subject justice.

The Act itself was approved by Governor Schwarzenegger on June 29, 2009 as AB 6, amends the Code of Civil Procedure at sections 2016.020, 2031.010, 2031.020, 2031.030, 2031.040, 2031.050, 2031.060, 2031.210, 2031.220, 2031.230, 2031.240, 2031.250, 2031.260, 2031.270, 2031.280, 2031.290, 2031.300, 2031.310, and 2031.320 of, and adds Sections 1985.8 and 2031.285.

Here’s a copy of the Bill.  AB 6 The Electronic Discovery Act.



Random thoughts for Trial Lawyers and Trial Lawyers to be

Friday June 11, 2010 • Comments Off 

Someone at the gym asked me what I do, and I said, “I’m a trial lawyer.”  He replied, “Oh, the fun stuff!”  He was right.  It is a privilege to serve.  Never take it for granted or abuse the privilege.
Don’t neglect the roots of our common law system of justice.  Blackstone’s Commentaries aren’t just for eggheads.  Oliver Wendell Holmes, Jr.’s The Common Law is a classic.

Shine your shoes before court.  Pressing your jacket is a good thing, too.

If your expert has a favorite book, treatise or article that they are relying on in forming an opinion, ask to borrow it or at least get a name so you can buy your own copy.  Know your case.

Preparation is never an afterthought.  Your clients need to be comfortable with the process if they are going to testify at their best.

Read the basic jury instructions at the BEGINNING of your case.  They will be your road map throughout.

Understand the legal process and educate others.  Check out Indiana’s Courts in the Classroom on-line primer.