Trial Notebook Techniques & Strategies
How to Create the Ultimate Trial Notebook
Be organized...Be Prepared!
Vicki Voisin, ACP
And
Christina L. Koch, ACP
©2010 Vicki Voisin, Inc. and Christina L. Koch, ACP
All rights reserved. No part of this handout may be reproduced or transmitted in any form or by any electronic or mechanical means, including information storage and retrieval systems, without permission in writing from the copyright holder, except by a reviewer who may quote brief passages in a review.
Trial Notebook Techniques and Strategies |
www.paralegalmentor.com |
THE CONTENTS
About The Presenters |
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3 |
Module One: |
The Introduction: What is a Trial Notebook? |
6 |
Module Two: |
Supplies, Resources and Your Trial First Aid Kit |
8 |
Module Three: |
When Do You Start Trial Preparation? |
11 |
Module Four: |
Choosing Your Software |
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16 |
Module Five: |
Detailing Your Trial Notebook |
35 |
Module Six: |
Trial Notebook Sections |
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47 |
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Voir Dire, Opening Statements and Closing Arguments |
49 |
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Pleadings, Motions and Discovery |
...........49 |
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Witnesses |
50 |
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Exhibits |
52 |
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Jury Instructions/Trial Briefs |
54 |
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Settlement/Damages |
54 |
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Module Seven: |
The Electronic Trial Notebook |
64 |
Module Eight: |
The Trial Preparation |
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67 |
Module Nine: |
Conclusion |
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69 |
Index of Forms |
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71 |
©2010 Vicki Voisin Inc and Christina L. Koch ACP |
All Rights Reserved |
2
Trial Notebook Techniques and Strategies |
www.paralegalmentor.com |
The Presenter: Vicki Voisin, ACP
Vicki Voisin, ACP , “The Paralegal Mentor,” is a nationally recognized author and speaker who delivers simple strategies for paralegals and other professionals to create success and satisfaction
by setting goals and determining the direction they will take their careers. Vicki spotlights resources, ethics issues, organizational tips, and other areas of continuing education to help paralegals and others reach their full potential.
She publishes Strategies for Paralegals Seeking Excellence, a bi-weekly ezine for paralegals and other professionals who want to create lasting success in their personal and professional lives. Additional information is available at www.paralegalmentor.com. She also hosts monthly Paralegal Mentor Mastermind Calls featuring guest experts who discuss issues of interest to the legal profession. For information or to register, go to www.paralegalmentor.com/mastermind- calls.html.
After spending more than twenty years in the paralegal field, Vicki launched her Paralegal Mentor Program so she could share her knowledge and experience with other paralegals.
Vicki speaks on issues of interest to the legal profession and is the creator and presenter of EthicsBasics®, a unique and enormously popular program designed to raise awareness of ethical concerns by legal professionals. She has worked as a paralegal for more than 20 years and is currently employed by Running Wise & Ford, PLC in their Charlevoix, Michigan office.
Utilizing the EthicsBasics format, Vicki has made numerous presentations throughout the United States, addressing paralegals and other members of the legal staff, in both law firms and corporations. She is also a frequent speaker at meetings of professional associations; these presentations have been approved for Attorney MCLE.
Vicki has authored articles of interest to attorneys and paralegals in publications on the state and national level, including the Michigan Bar Journal, Michigan Lawyers Weekly, The Michigan Paralegal, Legal Assistant Today, LAAM’s Newsbrief, and The Career Chronicle and Facts & Findings published by NALA. Many of those articles have been re-printed nationwide.
Vicki is an active member of the Legal Assistants Section of the State Bar of Michigan, having served as Chair in 2005-06. In 2000, she received the Mentor’s Award from the Section and she was named Legal Assistant of the Year by LAAM, an award that was named in her honor. In 2003, NALA recognized her leadership in the development of the paralegal profession with the presentation of its President’s Award.
She is a past president of the National Association of Legal Assistants (NALA) and until recently served on NALA’s Advanced Certification Board. Vicki presents Basic Ethics I and II, Advanced Ethics, Ethics & Technology, and Time Organization Techniques on NALA Campus LIVE! She presented Social Networking: Not Just For Kids Any More at the 2009 NALA Annual Convention & Educational Workshops, July 8-11, 2009, San Diego, California.
Questions may be directed to Vicki@paralegalmentor.com. Visit her blog at www.paralegalmentor.blogspot.com where she addresses matters of interest to legal professionals. Subscribe to her bi-weekly ezine titled Strategies for Paralegals seeking Excellence at www.paralegalmentor.com.
***Follow Vicki***
Twitter: http://www.Twitter.com/VickiVoisin
Facebook: http://www.facebook.com/VickiVoisin
LinkedIn: http://www.linkedin.comm/in/VickiVoisin
©2010 Vicki Voisin Inc and Christina L. Koch ACP |
All Rights Reserved |
3
Trial Notebook Techniques and Strategies |
www.paralegalmentor.com |
The Presenter: Christina L. Koch, ACP
Christina L. Koch, ACP is a NALA Advanced
Certified Paralegal in Trial Practice with more than twenty years of experience in the legal field. She received her Paralegal degree in 1991 and also holds a Bachelor of Science Degree in Management. She is a National Dean’s List Scholar.
In 2002, Christina joined the Omaha NE firm of Inserra & Kelley and is currently a Litigation Paralegal/Trial Practice Specialist. Her work with Inserra & Kelley includes
handling all aspects of litigation for the firm. She is adept in performing all aspects of litigation, including legal research, writing, discovery, investigative and analytical skills and preparation. Her experience includes the areas of personal injury, workers’ compensation, products liability, FELA and insurance defense.
She is a member of NALA, NePA, and a paralegal affiliate of the American Association of Justice. Christina completed the NALA LEAP program in 2009 and was named to the Paralegal Superstar Calendar of the nationwide Paralegal Gateway for March of 2008.
Christina has served on the Nebraska Paralegal Association Board of Directors since 2007 and is currently a member of the AAJ Paralegal Task Force Advisory Committee.
She is a nationally recognized author and speaker on various litigation topics and was a member of the faculty of the Trial Specialist Institute in Las Vegas, NV.
Christina is a freelance legal author, speaker and blogger and the founder of the Nebraska Paralegals list serve.
***Follow Christinai***
Twitter: http://twitter.com/ChristinaKoch
Facebook: http://www.facebook.com/ChristinaLKoch
LinkedIn: http://www.linkedin.com/in/christinakoch
©2010 Vicki Voisin Inc and Christina L. Koch ACP |
All Rights Reserved |
4
Trial Notebook Techniques and Strategies |
www.paralegalmentor.com |
Notice:
Warning of Copyright Protection: Any sample documents presented to you in this teleclass and are ALL copyright protected. Under no circumstances can the copy in these documents be used or reproduced, in whole or in part, without the express written permission of Vicki Voisin. The absence of a copyright notice on any given page or material should NOT be construed as an absence of copyright. These materials and documents are provided for sample purposes only and only for your personal use. They are not to be distributed or used in any other learning venues.
Legal Notice: This teleclass contains information gathered from many sources, as well as from the experiences of the author. It is produced for general reference and not as a substitute for independent verification by users when circumstances warrant. It is presented with the understanding that the author is not engaged in rendering any legal, accounting or psychological advice. In instances where the opinions or advice of legal, financial, psychological or other professional advice are appropriate, such professional counsel should be sought. The author disclaims any liability whatsoever for individuals’ use of any advice or information presented. Although the author has used care and diligence in the
preparation |
of |
this |
presentation, |
she |
assumes |
no |
responsibility |
for |
errors |
or |
omissions. |
©2010 Vicki Voisin Inc and Christina L. Koch ACP |
All Rights Reserved |
5
Trial Notebook Techniques and Strategies |
www.paralegalmentor.com |
Module One
The Introduction:
What Is a Trial Notebook?
©2010 Vicki Voisin Inc and Christina L. Koch ACP |
All Rights Reserved |
6
Trial Notebook Techniques and Strategies |
www.paralegalmentor.com |
Module One. What Is A Trial Notebook?
The biggest mistake attorneys and paralegals can make is to delay trial preparation until the week of the trial.
a. takes away any margin for error
b. may miss a key subpoena or document c. may omit critical elements of your claim
d. may fail to include evidence necessary to prove elements at trial
Ethics issues: The attorney must act with reasonable diligence on the client’s behalf and owes the client the duty of competency, as well as zealous representation. ABA Model Rules of Professional Conduct 1.1 and 1.3
The trial notebook is your blueprint for trial and should be customized to the attorney who will try the case. The general rule is that it is organized in the same form and order that trial will progress.
Customary sections include:
Voir Dire
Opening Argument
Pretrial Orders/Motions
Pleadings
Plaintiff’s Witness List w/separate tabs for each witness
Defendant’s Witness List w/separate tabs for each witness
Plaintiff’s Exhibit List
Defendant’s Exhibit List
Closing Argument
Jury Instructions/Trial Briefs
Settlement/Damages
©2010 Vicki Voisin Inc and Christina L. Koch ACP |
All Rights Reserved |
7
Trial Notebook Techniques and Strategies |
www.paralegalmentor.com |
Module Two
Supplies, Resources
and
Your Trial First Aid Kit
©2010 Vicki Voisin Inc and Christina L. Koch ACP |
All Rights Reserved |
8
Trial Notebook Techniques and Strategies |
www.paralegalmentor.com |
Module Two. Supplies, Resources and Your Trial First Aid Kit
Tip: Keep basic supplies on hand, including:
several sizes of three or five ring binders
binder tabs
separator pages
three-ring college-ruled notebook paper
Tip: Keep your Trial First Aid Kit stocked.
Tip: Follow any rules re: cell phones; turn off alarms on any electronic devices, including watch alarms, BlackBerry, Palm Pilot, Kindle, etc.
©2010 Vicki Voisin Inc and Christina L. Koch ACP |
All Rights Reserved |
9
CHECKLIST – TRIAL FIRST AID KIT
1.BASIC TRIAL SUPPLIES Paperclips Scissors
Scotch Tape
Small Stapler/Staples Paper Puncher
_____Blue Pens (4)
Black Pens (4)
Red Pens (2)
Highlighters (3 – different colors)
_____ Post-It Notes
Colored flags (you will find these near the post-it notes) Pencils (4) and Pencil Sharpener
_____ Legal Note Pads
2.COMPUTER SUPPLIES Laptop
_____ Flash Drive
Extra USB cord
_____ Presenter/Laser Pointer
_____ PowerPoint Presentation downloaded to Laptop
3.ADDITIONAL SUPPLIES
Extra Batteries
Tylenol and Advil (some people cannot take Advil)
_____ Cough Drops
_____ Chewing Gum
Hand Sanitizer
Hand Lotion
_____ Carmex/Chap Stick
_____ Petty Cash ($20.00 in bills and $3.00 - $5.00 in change)
_____ Protein Bars
4.BUSINESS SUPPLIES Attorney Business Cards
Paralegal Business Cards
_____ Any demonstrative exhibits?
5.ADDITIONAL SUPPLIES FOR THIS TRIAL ONLY A.
B.
C.
D.
10