Your VLP will monitor all discovery deadlines and notify you immediately if opposing counsel fails to answer discovery in a timely fashion. Following your lead, the VLP can contact opposing counsel in an attempt to resolve the issue and draft written notice that a Motion to Compel will be filed if counsel continues to ignore the discovery requests.

If necessary, your VLP will review local rules concerning motion requirements related to discovery matters and then draft a Motion to Compel.  The VLP can coordinate the filing of the motion, obtaining a hearing date and providing notice to opposing counsel.

As written responses are received to interrogatories, requests for production of documents and requests for admission, your VLP will assist you in a thorough review to be certain that complete responses have been received.  It is likely that the discovery responses will contain at least some objections.  Your VLP can summarize the objections and help you draft correspondence to opposing counsel seeking resolution.  This is particularly important if the responses contain numerous objections when it becomes helpful to chart the objection resolution process.  If the parties are unable to resolve the matter, a Motion for Hearing will be prepared and filed with the Court.

During the review process, your VLP will continue to update witness and exhibit lists.  Your VLP will also monitor case privilege logs for all parties.  It is important that this task is not ignored.  In the very least, you can list groups of documents received and expand the list for specific exhibits at a later date.  A more detailed discussion of document management will be handled in a separate posting.

Your VLP will again review discovery strategy with you to determine when you will want to proceed with your second wave of follow-up written discovery requests.  The VLP will outline additional areas to be addressed in future discovery requests and begin the drafting process.

Check back soon for Discovery, Part 3, which will examine the deposition phase of the discovery process.

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What is your discovery strategy for the litigation case at hand?  Your VLP will review the overall case strategy with you to set a timeline for completion of some specific discovery goals.

For most litigation files, the first stage of discovery begins with basic Interrogatories, Request for Admissions and Request for Production of Documents.  The VLP will help you establish basic forms to jump-start the discovery process of any litigation file covering specific areas of the Petition and Answer, identification of fact witnesses and expert witnesses, identification of relevant documents, production of all related documents including photos and electronic data.

The VLP can provide for your review an initial draft of Interrogatories, Request for Admissions and Request for Production of Documents.  She will help you finalize the discovery requests and serve on all parties of record.  The VLP will determine discovery response deadlines and help you monitor compliance with those deadlines by opposing counsel.  As needed, the VLP can contact opposing counsel by telephone to inquire when the discovery responses will be provided and document the communication.

If opposing counsel is uncooperative, the VLP can draft a Motion to Compel, contact opposing counsel to try to reach agreement, coordinate the filing of the Motion with the court and obtain a hearing date.  All parties will be notified and the hearing date will be docketed on your calendar.

The VLP can assemble all relevant documents into a digital hearing notebook file.   All you have to do is print the file and place it in your standard hearing notebook.  If you prefer, the VLP can complete that process and send the notebook directly to your office.

Next we will take a look at written responses to discovery requests.

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Depending on the type of litigation and the complexity of the case at hand, the VLP can assist you in preparing an initial draft of the Petition.  If you specialize in a particular area, it is likely that you have a favorite form petition.  With a little help from your VLP, all of your favorite forms can be organized and streamlined for more efficient document preparation.

The VLP can check with the Secretary of State’s office to determine the Registered Agent for service of process and determine requirements for serving the Secretary of State for an out-of-state defendant.  Many jurisdictions now require preparation of a form civil cover sheet which is specific to that jurisdiction.  If electronic filing is available for the jurisdiction, your VLP can verify that all requirements have been met and submit the document for filing.

Many attorneys now use private process servers for service of legal documents.  The VLP can locate a process server in the required geographical area and coordinate efforts to obtain service on the Defendant as soon as possible.  After service has been completed, the VLP will follow-up on getting the Return of Process filed with the Court and payment of appropriate service fees.  Most importantly, the VLP will determine and docket the Defendant(s) answer date according to court rules for that jurisdiction.  Both you and your VLP will be able to monitor that deadline for immediate action should no answer be filed.

If you represent a Defendant in the new litigation file, the VLP will be especially helpful in checking court records to verify the date the Defendant was served and calculating the answer date.  At the same time, the VLP can determine what pleadings have already been filed with the Court and obtain copies of required documents.  This is particularly helpful if your client has been added during the middle of a pending litigation.

The VLP will assist you in preparing an initial draft of an Answer, counterclaim, request for change of venue or motion to dismiss.  As legal defenses become more specific, the VLP will check local court rules for verification requirements, and she will constantly monitor the deadline to be sure the responsive documents are timely filed, that copies are served on all parties of record and that the client receives copies of all documents.

For the next few days we will look at the VLP’s role in the discovery phase of any litigation file.

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While the attorney is the only one who can accept representation of a client, the VLP can be of great assistance to an attorney during the initial phases of a new case.  Attorneys who specialize in a particular area of litigation often receive numerous telephone referrals of potential new clients.  The VLP can gather preliminary information through a telephone interview.  In many instances, an attorney can then quickly determine if he is interested in further discussions with the potential client.

The VLP can prepare detailed interview forms to your specifications so that no detail is forgotten during the interview process.  As the interview is completed, the VLP can verify legal names of the parties, last known addresses, gather relevant information posted on social media websites, identify pending litigation, discover property owned and often estimated value of assets.  As data is gathered and documents obtained, an initial chronology of events will be prepared together with an initial exhibit and witness list.

If the case involves medical records, the VLP can obtain complete copies of medical records and billings, summarize treatment by various providers and build a detailed medical chronology.

Tomorrow, we will take a look at how the VLP can support you through the filing of the Petition/Complaint or an Answer and Counterclaim.

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After more than 15 years experience as a brick-and-mortar litigation paralegal, I believe that one of the greatest benefits provided to a trial attorney is overall case management and case administration.  Litigation attorneys typically have many cases at various stages of the process.  You may be the plaintiff, or you may be the defendant.  You typically have cases filed at various court levels in various geographic locations.   Litigation attorneys rarely become bored because every case is unique with its own special set of rules and circumstances.

The challenge comes in being sure you are applying the correct set of rules, and all the sets of rules for a particular case.  Often it is more than one person can keep up with.  And generally speaking, two or three heads are better than one when it comes to remembering things.

A virtual litigation paralegal (VLP) can easily provide litigation support by sharing the responsibilities you have for so many details.  A VLP can establish processes for docketing and deadline control which protect you from malpractice risks.  The VLP can help you tailor forms and protocol to match your practice style.  She can provide your client with copies of all documents and give telephone updates to be sure your client always knows the status of his case.

Working with you to determine applicable local, state, and federal court rules, the VLP helps you avoid last minute surprises for rule compliance.  As litigation becomes more document intensive, your VLP can help you efficiently develop a digital computer file which enables you to more quickly access case documents.  The VLP will help you make software and procedural decisions to streamline that process.

As documents are gathered and the discovery process begins, it is critical to monitor privileged documents and communications.   They should be appropriately labeled. Someone needs to remember to do that.

Litigation files have a tendency of becoming stagnant.  When your VLP understands your strategy for the case, she can work one step ahead of you so that you can pay attention to the more important details.  She can prioritize your project list to keep things moving forward in a timely fashion.

Tomorrow, we will take a look at how the VLP can support you through Initial Investigation and Research.

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