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STRATEGY. 

HOT Lawyer TIP:

TRIAL PREPARATION: File and Work Flow Organization

By: Lyle Griffin Warshauer

 



Know the Law



Start with the statutes in the paperwork you have. Follow all related paths until they don't apply anymore to the set of facts you are working with. Check the affirmative defenses under rule 12. Check the required facts that have to be proven to succeed for that cause of action, or that claim, or that statutory issue. Check the procedural rules and administrative regulations. Check for similar or related case law both in your state and federally.



Know the Facts



Make a sworn statement of facts immediately. Learn to make affidavits. Carefully examine the "facts" presented by the other side. You must challenge their "facts" and prove your "facts". Stipulated facts are facts upon which both parties "agree", or facts which are unrebutted by a party.



Search for "Types of Facts" and "Application of Facts to Law".



Have a Litigation Plan



 

Look online for flow charts for procedure and processes related to your problem. These can be vital aids to understand what step you just completed and what step you will be addressing next. If you can't find one, find the rules of procedure for the process you are in, and make a flowchart so that you can keep track of your goals, expectations, deadlines, and results.




Keep the File Organized



Utilize file folders and some type of physical file storage to keep copies for yourself of every document. Use color to aid in your organization process. The office supply section has an endless array of useful, and some not so useful gadgets and gizmos to help you stay organized and in control. Avoid confusion with documents. Confusion and lost documents are your enemy, and can cost you in both the long and short term. Create a set of personal document rules for yourself, and do not break them.



Set up File Database



I have learned to make .pdf copies of all of my documents. When I save them, I name with the date: year.month.day (2013.01.18;) followed by any group name or name of document type and then an identifier. For example one my my case files might be named 2012.10.13; STIPULATED FACTS; CHILD SUPPORT.


I can now easily use the search function in my files and folders to locate the document and related it to other documents, files, and steps of the process. I can quickly attach it to an email or upload it to the Internet in the event that I would need to do so.



I have learned to use and apply icon files. Icons are a fun little distraction if you are hard at work on a case, and the images will help you remember where things are, who people are, etc. Do a search for "working with icons", "free icons", "using icons", and .ico.



I have a special face on each file folder for each of the lawyers. It makes the work a lot more bearable, even though I have no idea what most of them really look like; I know who they are in my files because I gave them an imaginary and suitable "icon face". 



Establish a reminder system.



I create a CASE PROGRESSION CALENDAR for each case I am working on. If the cases are interrelated  I do a "Case Within A Case" Progression Calendar. You can search online for "blank calendars" and download the specific months you need for your case. I then copy and paste each month into a new word document, in order from recent to past. I usually add several months into the future right away so that I don't have to go back and do it later. Then, I add in the dates of important activity, dates of documents, events, service, etc. You can use the rules of procedure to count the days and plan ahead for service and responses, deadlines, and keep the case moving through the process; preventing stagnation and delay. All of this can be done with Open Office Programs. You can use the spreadsheet program to manage data, the drawing program to create charts; learning to create and manage documents will help you achieve your goals.



Whatever way you use to remind yourself of tasks, put it in high gear so that you will never miss a deadline involving service of process or court filing procedure.



There are arguments and ways to extend time; so don't give up just because you missed a deadline. If you have a good reason, tell it. You have a right to stand up for yourself, and you are not obligated to act as an attorney would. If you have an attorney, learn to make him do the things which are necessary to secure your offense/defense. Let him/her know that you expect effective assistance of counsel under the Sixth Amendment. Let him/her know that you will be holding them accountable to their Rules of Professional Conduct.



If you don't have a lawyer, reserve your right to edit and revise your documents without leave of court IMMEDIATELY. Do the best you can, and follow each rule as soon as you understand it to the best of your ability; it's all you can do; AND THAT COUNTS.



Choose a trial theme



See suggested article and others via search engines regarding this topic.

Each Agent Responsible Laments

HOT Lawyer TIP:

Civil Procedure Flow Chart and Outline

Shepard's Harmless Error; Legal Articles, Law School Advice, and Case Briefs

BASIC STRATEGY OUTLINE:

Prepare and Work the case with the appellate court in mind; and with the expectation that it will be tried;

Everything you do is in preparation for appeal; everything. Every document, every piece of evidence, every affidavit, every statement of facts, everything you say on and off the record, every objection, every basis for your claim; GET IT IN THERE, delay is your enemy, so why mess around?  Why touch it if it isn't in preparation for trial and sufficient for an appellate court?

People rarely prevail in the lower courts, so if you are serious about your issue; then prepare for an appeal from the get go, and learn subtle ways to alert the judge of your intentions without pissing him off; to the best of your ability under your circumstances.

Keep Your Eye On The Ball: Problem Solving
                        Stay Focused: Resolution and settlement is your goal.



"Winning" to me is not having to go to court at all. I hate court, why would I want to go there?

Jurisdiction: What Procedure will you use to resolve the problem and reach your goal of dismissal or settlement? Are you sure?

Capacity; Offense v. Defense; WHICH are YOU?

Offense: Causes of Action
Defense: Affirmative Defenses

It is important to know both sides of the argument. Read both losing case law and winning case law. Always be on the lookout for FEOWNTD. (Fine Examples Of What Not To Do.)

Make sure you identify your adversary properly.
See Rule 17, 19, and other statutes, codes, and procedural rules on "Parties".

Keep in Mind: The Judge is Not The Court. The RECORD is the court. The Judge is a neutral party overseeing two adversaries. OR is he an administrative attorney correcting and assisting the attorney for your adversary? I have no idea, but you might want to double check for yourself just to be sure.

Further: Attorneys are not injured parties and cannot testify; See Trinsey v. Pagliaro. Search for the case and read discussion surrounding this decision.

SMOLDERING LAWYER TIP:



"Jurisdictionary" is a product authored and sold by an attorney. It is widely available on the Internet sold by and through a pyramid scheme. I will not post any logos or links for this product, you can decide if you want to purchase it and from who you will do so.



I would recommend this product for an overall

basic fundamental overview of court process and

procedure; however you must at all times

remember that your Instructor is an

attorney. Keep on learning.

"Jurisdictionary" is neither the beginning or the end.



Click here to view MY Jurisdictionary lecture notes.

​Appeals; Do a search for similar documents from your state or court district or circuit.

THE MINNESOTA COURT OF APPEALS STANDARDS OF REVIEW 

http://www.lawlibrary.state.mn.us/casofrev.pdf





ADMINISTRATIVE PROCEDURE



I cannot stress enough the importance of understanding administrative procedure and how this applies to you and your problem or issue, and as fast as you possibly can.



 

Jury Instructions; Do a search for similar documents from your state or court district or circuit. 

http://www.juryinstructions.ca8.uscourts.gov/



To avoid becoming overwhelmed by these large and extremely helpful documents, I break them down into smaller sections and tackle them a few pages at  time. I group those sections in my "learning" folders along with relevant statutes, rules, codes, regulations, case law, etc.



You cannot possibly be held responsible to understand all of this information. It is helpful for you to understand as much as you can. Keep in mind that you always have the right to assert your position to the best of your ability; it doesn't matter if you make mistakes; SUBSTANCE v. FORM.

Write an acknowledgment document IMMEDIATELY which asserts your intent and position, and which reserves your right and rebuts your adversary's presumptions. 



SAMPLE ACKNOWLEDGMENT DOCUMENT



This document is a sample. You can give NOTICE of anything you want. Nobody said you couldn't ask for clowns.

See Rule 11 of the Rules of Civil Procedure.

A MISTAKE doesn't become an ERROR

 until you refuse to correct it.

It's NEVER too late to resolve a problem! There is ALWAYS something you can do.

"Listen. If you are gonna sue people, you are gonna have to accept their documents."

~ Milwaukee County Circuit Judge Michael D. Goulee **

Means;

Motive;

Method;

Opportunity;

Intent



Who;

What;

Where;

When;

Why;

How

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