The devil is in the details, and often overlooking a detail can quickly change smooth sailing to rough waters. Forget to order an interpreter? Ignore the proper time zone on the notice of deposition? Leave a party off the certificate of service? The little things can create major headaches. Therefore, considering preparing checklists for your staff to ensure they are paying attention to the details.
Consider creating lists so that your legal assistant knows how to prepare for a hearing, prepare for a deposition and how to interact with an expert. Here are two proposed checklists.
Preparation for Hearing
1) Schedule hearing. Coordinate date and time with court and opposing counsel.
2) Prepare notice. Ensure correct judge, parties and counsel are on notice.
3) Order court reporter. Confirm court reporter.
4) Confirm hearing with court and opposing counsel.
5) Send court courtesy copy of motion to the court along with a copy of the applicable statutes and case law.
6) Prepare proposed order and copies of same. Prepare envelopes for the order.
7) Prepare a hearing binder which includes notice of hearing, proposed order, envelopes, copy of motion (and an extra copy in case the court misplaced his courtesy copy), the opposing party's response, three copies of the case law (one set for you, one set for the court and one set for opposing counsel), and a copy of the hearing outline.
8) For out of town hearings, directions to the courthouse.
Preparation for Deposition
1) Coordinate date, time and location with opposing counsel and witness.
2) Determine whether attorneys or deponent have any special needs. Along those lines, Determine whether interpreter is necessary.
3) Prepare notice of deposition with correct address and correct time zone. If its duces tecum, ensure proper documents are listed in exhibit list attached to notice.
4) Order and confirm court reporter.
5) If any party is attending by phone, ensure the availability of a speakerphone.
6) If multiple parties, ensure the facility is large enough.
7) Confirm everybody's attendance at deposition.
8) Prepare a binder of documents to be used at deposition, with extra copies for the witness and opposing counsel.
9) Get directions to deposition.
There are a number of tasks your staff performs for you. Devise a list of those tasks and then devise a checklist for each of those tasks. This will ensure nothing falls through the cracks.
Francisco Ramos, Jr. is a certified mediator and partner at Clarke Silverglate & Campbell in Miami where he can be reached at framos@csclawfirm.com or at (305) 347.1544.
