Trial Notebook – Fill Out and Use

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.

THE CONTENTS

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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

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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

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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

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Module One

The Introduction:

What Is a Trial Notebook?

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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

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Module Two

Supplies, Resources

and

Your Trial First Aid Kit

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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.

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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.

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Module Three

When Do You Start Trial Preparation?

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Module Three. When Do You Start Trial Preparation?

The answer: Assume every case will go trial and begin trial preparation the day the client retains the firm. This includes document organization.

When court proceedings initiate and you begin the discovery process, the file will get larger.

Methods for preparing information for inclusion in the trial notebook include

hard file

scanning documents into an electronic file

scanning to a CD-Rom or server

utilizing legal software

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CHECKLIST – CIVIL TRIAL NOTEBOOK

3.PHOTOGRAPHS

Vehicles or products involved

Scene of occurrence (including accident scene or surrounding area, skid marks, construction, etc.)

_____ Mapquest area of accident

Photos of injuries or damages Photos of repairs or treatment Other photos

4.DAMAGES

Obtain hospital records; physician's records

Obtain income tax returns

Obtain and verify loss of time and income

Secure copies of all bills

List all expenses and special damages

_____Mortality Table (to support Loss of Earning Capacity)

_____Loss of Earning Capacity Evaluation/Functional Capacity Evaluation

Obtain amount of subrogation interests

Get expert opinion (or Jury Verdict Research) on verdict range

5.PHYSICAL EXHIBITS AND WITNESSES Secure all physical evidence for exhibits

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_____Chain of Custody secure????

Secure all correspondence by parties to other parties Secure all of client's internal memos of occurrence Prepare charts and demonstrative exhibits Prepare witness sheet for each witness

_____Witness List

_____Exhibit List

_____Review pleadings to ensure all elements of damage have proof

6.OTHER FACT GATHERING A.

B.

C.

D.

E.

7.PRE-TRIAL LEGAL MATTERS

Depositions transcribed and summarized

_____Medical records timeline

Demands for admissions served Motions disposed of

Legal research completed

First review letter sent to client on

Supplement interrogatory answers as/if needed

Certificate of Readiness served; Trial date set for:

Judge assigned:

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Again check answers to interrogatories for supplements

Requested jury instructions prepared to be sent to judge on

Prepare Pre-Trial Motions/Motions in Limine

Trial memo prepared to be sent to judge on

Order special needs for trial (VCR/DVD/TV/Elmo, etc.)

10.SETTLEMENT SUMMARY Our client has authorized We offered

They offered

Subrogation Liens Handled?________________________________________

11.POST-TRIAL

Appealable Issues?________________________________________________

Motion for New Trial?_____________________________________________

Ordered Transcript?_______________________________________________

Ordered Bill of Exceptions?_________________________________________

Docketed Appeal Deadlines?________________________________________

Received Settlement Check_________________________________________

Filed Dismissal and Satisfaction?____________________________________

Close File?______________________________________________________

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Module Four

Choosing Your Software

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Module Four. Choosing Your Software

Common software:

Outlook

Word

Excel

Time Matters database

Adobe Acrobat Professional

Summation

Sanctions

CaseMap

The information you enter in the database is often determined by the type of case. Some information is standard, regardless of the type of case:

Basic client information, including name, address, phone number, fax number, email address, web address, spouse and children, date of birth, social security number(s)

What will you try to prove? Include the five W’s of investigation:

Who?

What?

When?

Where?

Why?

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You must know exactly what is in your file and its purpose.

Utilize all available resources when you’re preparing for trial. (See attached resources)

What to do if your firm uses only hard files:

See attached logs for organizing your file during the discovery process.

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You must know

the basic facts and issues

how to locate each key document

how to locate each piece of relevant information

Use the Summary of Evidence Log to keep track of issues and evidence.

There are benefits to using a computerized case management system.

ability to share files

usually include calendar and docketing functions

makes the firm’s malpractice insurance carrier very happy

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