Trial Magazine

Saving a litigation plan from the time you meet your client until the end of a case is important—but you also should be willing to adjust your initial plan and its different steps during the course of litigation. These simple considerations can point you toward a stronger plan.

More than a checklist. All litigation plans contain certain common tasks, such as researching the defendant or retaining experts to review the case before filing. Styles vary from attorney to attorney and from case to case, but it is essential that the plan’s steps incorporate the litigation’s overall goal and do not merely exist so you can “check things off the list.”

Mine your resources. Throughout litigation, you will uncover information that will affect your case strategy. One way to learn that information early and avoid potential land mines is to reach out to external resources, including AAJ’s Litigation Groups and list servers. These resources offer document libraries from similar cases and the chance to connect with colleagues who have faced the same defendant or defense in another case.

By reaching out, the insurmountable battle becomes surmountable.

Each step affects the next one. The plan that you develop and your research at the onset of the case form the core of the discovery process. Interrogatory responses and documents received from defendants then provide the basis for your expert witnesses’ opinions. Organization that also allows for spontaneity lets you best represent your client, whether it be deviations from a deposition outline or dealing with unexpected discovery documents.

Loop in your client. Finally, make sure to tell your clients, in detail, what you are doing, how long it will take, and the next steps. From an ethics and practical standpoint, you must maintain open communications with clients, which means explaining—in lay terms—not only the risks and benefits of any actions but also the reasons behind them.

Jennifer Lawrence is a partner at The Lawrence Firm in Covington, Ky. She can be reached at jenn.lawrence@lawrencefirm.com.