By Cathy L. Ribble, CP

October 2009

While mid-sized and large firms retain specialized litigation paralegals as employees, solo attorneys and small firms may not have that luxury.  The caseload for a trial attorney often fluctuates drastically.  Management of the workload is often triggered by deadlines over which the attorney has very little control.  It is critical for trial attorneys to have in place beforehand the paralegal resources to meet the demands of a successful litigation practice.  As attorneys have become specialized, so have their paralegals.   A virtual litigation paralegal may be the resource you need to complete your litigation team.

Experienced litigation paralegals have become key members of the trial attorney’s team.  Constant rule changes, extensive document productions, e-discovery, and advancing technology continue to shape and define the litigation paralegal’s role in preparing a case for trial.  Preparation of a client for deposition or court appearance may begin with viewing a video.  Depositions are often videotaped.  Deposition transcripts are presented in digital formats, double-spaced “original” copies for use at trial, as well as condensed versions for quick reference.  Ultimately, someone has to organize all information so that hopefully it can be located as quickly as you can snap your fingers. Digital files on your computer are slowly replacing paper files.  Many firms are already paperless offices.

As a member of your team, a virtual litigation paralegal can easily provide support to the trial attorney by helping your existing paralegal or providing solo support in the following areas:

Case Administration

• Docketing and deadline control
• Regular communication with client to update him on file status and provide copies of all written communication and court filings
• Review of Local Court Rules, State Rules of Civil Procedure and Federal Rules of Civil Procedure
• Organize and build digital files for easy access of all file documents
• Monitor work product and privileged communication markers
• Project management
• Coordination of defense team and collaboration of multiple attorneys
• Develop checklists and forms to fit your personal style and preferences
• Develop pleading and document indexes for ease in location of documents

Initial Investigation and Research

• Initial telephone interview of potential clients received by referral
• Telephone interviews with client(s) to document relevant facts
• Develop overall case chronology as well as topic chronologies for key areas
• Internet research and investigation to obtain background information and verify identity of parties
• Attend client office conferences via speakerphone to assist in documenting file
• Obtain medical records and other documents

Filing of Petition/Complaint

• Preparing the initial draft of the Petition/Complaint for your review using your form files, and you can finalize it to cover all legal points
• Prepare appropriate cover sheets and electronic filing of case documents to commence case in proper jurisdiction
• Locate process server and obtain service of process on Defendant(s)
• Determine and docket answer dates

Filing of Answer/Counterclaim

• Obtain service documents from client
• Check court docket and obtain copies of all documents not received with citation/summons
• Verify service date and determine answer date

Discovery

• Confer with you to develop offensive and defensive discovery strategies
• Draft interrogatories, requests for production of documents, requests for admission and requests for inspection
• Determine and docket discovery response dates
• Contact opposing counsel to schedule depositions by agreement
• Coordinate schedule with client and court reporter
• Preparation of client for deposition
• Transmit deposition transcript, signature and errata pages to client, if required
• Determine and docket deadline for return of signature and errata pages to court reporter and opposing counsel
• Review discovery received from opposition, docket deadlines and forward to client
• Confer with client to obtain answers and documents responsive to discovery requests
• Prepare initial drafts of discovery responses
• Prepare documents for production, bates numbering, scan to electronic format
• Coordinate document inspections and delivery of document productions to opposing counsel
• Maintain privilege logs
• Make privilege redactions per your instructions
• Communicate with opposing counsel concerning unanswered discovery and draft motion to compel if necessary
• Prepare deposition summaries for ease in locating key witness testimony
• Review all discovery documents to continue development of witness and exhibit lists
• Coordinate client signatures to discovery documents

Motions, Hearings, and Pre-Trial

• Initial drafts of motions and orders
• Proofreading, editing and cite checking all briefs
• Preparation of exhibit attachments
• Prepare client affidavits and coordinate execution
• Coordinate electronic and physical filings
• Obtain hearing dates from Court and notify opposing counsel
• Monitor pleading requirements per local court rules
• Organize hearing notebooks
• Determine pre-trial order requirements per local court rules, docket deadlines
• Initial draft of pre-trial order, communicate with opposing counsel to receive information for pre-trial order, finalize order prior to hearing
• Obtain pre-trial hearing, docket and notify all parties

Settlement, Mediation, and Arbitration

• Coordinate with client and opposing counsel to schedule settlement conferences, select mediator or arbitrator
• Confirmation notice to all parties
• Review mediation statement requirements
• Prepare initial draft of mediation statement and organize attachments
• Organization settlement/mediation/arbitration notebooks
• Prepare initial draft of all settlement documents

Trial Preparation

• Obtain trial setting and file motion requesting trial setting, if required
• Notify opposing counsel and client of trial settings and deadlines
• Review Scheduling Order and court rules to determine all trial related deadlines, docket and monitor all deadlines
• Develop trial notebook
• Coordinate preparation of trial exhibits, delivery to court and opposing counsel
• Prepare pattern jury instructions and questions
• Prepare motions in limine and obtain hearing date prior to beginning of trial
• Issue subpoenas and obtain service on trial witnesses
• Coordinate trial schedule with expert witnesses
• Coordinate arrangements for electronic equipment and exhibit enlargements

Judgment and Appeal

• Draft judgment
• Determine and docket appeal deadlines
• Perfect judgment lien and begin post-judgment discovery
• Assist with appeal process as necessary

To schedule a free consultation to discuss your virtual litigation paralegal needs, please contact:

Cathy L. Ribble, CP

Digital Paralegal Services, LLC

4550 Sweetwater Drive

Guthrie, Oklahoma 73044

Phone:   1.800.531.7527

Fax:         1.800.319.6698

Email: cribble@digitalparalegalservices.com

Web: www.digitalparalegalservices.com