TABLE OF CONTENTS/CHECKLIST

PART ONE: FINDING YOUR PLACE

I. DECIDING TO BE A LITIGATOR

A. In General

B. Disadvantages
1. Possible Stage Fright
2. Need For Rapid Decisions
3. Need For Greater Self-Esteem
4. Need For Flexibility
5. Required Office Time
6. Need For Collaborative Effort
7. High Stressor
8. Need For Multi-Tasking
9. High Degree Of Responsibility
10. Adversarial Nature Of Work
11. All-Consuming Work
12. Lengthy Learning Process

C. Advantages
1. Great Challenge
2. Great Rewards
3. Learning To Think On Your Feet
4. Giving Others A Voice
5. Making A Difference
6. Developing Friendships
7. Leaving A Legacy
8. Transferable Skills
9. Going Beyond The Law
10. Building Self-Confidence

II. SEEKING A JOB

A. Starting Your Own Firm Versus Joining A Firm
1. In General
2. Your Business Plan
3. Legal Malpractice Insurance
4. Other Insurance
5. Joining Other Solo Practitioners
6. Advice From Bar Associations
7. Advice From Solo Practitioners
8. Networking
9. Your Marketing Plan
10. Specializing
11. Learning The Practice
12. Building An Emergency Account
13. Providing Quality Service

B. Résumé Preparation – Effective Writing Samples
1. In general
2. Submit A Published Article
3. Submit A Current Work
4. Submit A Relevant Work
5. Submit Multiple Samples
6. Submit Authentic Material
7. Simplify
8. Edit And Proofread

C. Additional Ways To Improve Your Résumé
1. In General
2. Write An Article
3. Give A Presentation
4. Get Involved In An Organization
5. Seek Leadership Roles
6. Do Pro Bono Work
7. Become An Expert
8. Learn A New Skill
9. Learn A Second Language
10. Accrue Extra CLE Hours
11. Improve Your Communication Skills

D. Getting A Job Interview
1. In General
2. Pursue Firms Of Interest
3. Focus Your Cover Letter On The Firm
4. Perfect Your Cover Letter
5. Use Direct Contacts
6. Mention Mutual Acquaintances

E. Preparing For The Job Interview
1. In General
2. Familiarize Yourself With The Locale
3. Learn Who Will Interview You
4. Prepare For Tough Questions
5. Be Respectful To All Encountered
6. Focus On The Firm
7. Be Enthusiastic
8. Get References And Referrals
9. Prepare Questions Of Your Own
10. Follow Up With A Note

F. Accepting A Job Offer
1. In General
2. Analyze Desired Goals
3. Understand Pros And Cons Of Large And Small Firms
a. In General
b. Benefits Of Large Firms
c. Shortcomings Of Large Firms
d. Benefits Of Small Firms
e. Shortcomings Of Small Firms
4. Research The Selected Firms
5. Seek Input From Others

III. LIFE AT THE FIRM

A. Nature Of The Firm
1. In General
2. Hierarchy
3. Firm Code
4. Individual Code
5. Firm Values
6. Firm Dress Code

B. Job Duties At The Firm
1. Summer Associate
2. Junior Associate
3. Midlevel Associate
4. Senior Associate

C. Relationships At The Firm
1. Getting Along With Other Associates
2. Working With Staff

D. Avoiding Typical Mistakes
1. In General
2. Communicate With Client
3. Communicate With Partner
4. Get Client Approval
5. Do Not “Sugar-Coat”
6. Research Before Responding
7. See The Full Picture
8. Submit A Finished Product
9. Do Not Sacrifice Quality For Quantity
10. Tackle Hard Assignments
11. Get Involved
12. Do Not Ignore Mistakes
13. Provide Service

E. Earning A Partnership
1. In General
2. Offer Solutions
3. Be Upbeat
4. Be Committed
5. Attract Clients
6. Manage Your Caseload
7. Discover Expectations
8. Strive For Leadership
9. Embrace The Firm’s Values

F. Switching From One Firm To Another
1. In General
2. Reasons To Leave
3. Reasons To Stay
4. Assessing Your Destination
5. Convincing The Desired Firm To Hire You

PART TWO: SEEKING YOUR STRIDE

IV. BECOMING A BETTER LAWYER

A. In General

B. Evaluate Your Strengths And Weaknesses

C. Overcome Your Fear
1. In General
2. Accept Failure
3. Accept Your Limitations
4. Get Ahead Of The Curve
5. Research Outcomes Of Your Decisions

D. Learn From Other Attorneys
1. Emulate A Role Model
2. Study Others’ Transcripts, Writings, And Résumés

E. Keep Abreast Of Legal Developments

F. Master Technology

G. Get Trial Experience
1. In General
2. Volunteer
3. Attend A Trial Clinic
4. Assist With Trial Preparation
5. Attend Firm-Sponsored Trial Advocacy Programs
6. Work On Small Cases
7. Participate In Mock Trials
8. Observe Other Trials

H. Write Legal Articles And Get Them Published
1. In General
2. Brainstorm
3. Compile List Of Potential Publishers And Read Their Articles
4. Read The Writer’s Guidelines
5. Write A Query Letter
6. Start Small
7. Update Your Résumé
8. Gather Clips
9. Avoid Editors’ Pet Peeves

I. Manage Your Time Wisely
1. In General
2. Start The Day Early
3. Keep Lists
4. Develop Action Plans
5. Think Before You Act
6. Act, Do Not React
7. Review Calendar Often
8. Adopt A Schedule
9. Keep A Clean Desk
10. Delegate Duties
11. Do Not Forget About Family And Friends

J. Generate Business By Getting Involved In Organizations
1. In General
2. Choose The Right Organizations
3. Actively Participate

K. Read To Stay Well Rounded And Educated

L. Find A Mentor

1. Advantages Of Mentorship
2. Selecting The Right Mentor
3. Making The Most Of Your Mentor

M. Be A Mentor Or Lend A Hand To Others

N. Learn To Be A Savvy Traveler
1. In General
2. Flight Arrangements
3. Car Rental
4. Accommodations
5. Directions
6. Itinerary
7. Travel Time
8. Protein
9. Weather And Attire
10. Confirmation
11. Contact Numbers

O. Set Long-Term Goals And Strive For Them

V. DEALING WITH CLIENTS

A. Interviewing The Client
1. In General
2. Visit The Client On “Home Ground”
3. Take Your Time
4. Get Client’s Perspective
5. Ensure You Understand All Facts
6. Explain Plan

B. Keeping Clients Satisfied
1. In General
2. Investigate The Client
3. Listen To Your Client
4. Research Before Answering
5. Advise Honestly And Wisely
6. Devise And Discuss The Overall Plan
7. Exceed Expectations
8. Obtain Expense Consent
9. Communicate As The Client Wishes

VI. DEALING WITH OPPOSING COUNSEL

A. Learn Who Your Opponent Is
1. In General
2. Search Martindale-Hubbell
3. Search The Attorney’s Web Page
4. Search The Internet
5. Perform A Jury Verdict Search
6. Do A Case Law Search
7. Interview Friends
8. Consult The Florida Bar
9. Keep Abreast Of News

B. Defuse Contentious Or Overbearing Counsel
1. In General
2. Remain In Control
3. Quote The Rules
4. Document The Misbehavior
5. Facilitate Imposition Of Sanctions

VII. WHAT JUDGES EXPECT FROM LAWYERS

A. In General

B. Be Respectful To The Court

C. Be Respectful To Opposing Counsel

D. Do Not Mislead The Court

E. Try To Resolve Issues Before Appearing Before The Judge

F. Other Pointers
1. Do Not Alienate The Judge
2. Remember That What You Do Reflects On Your Firm
3. Be Self-Deprecating

VIII. HANDLING ETHICAL ISSUES

A. In General

B. Consider Your Instincts

C. Consider Options And Potential Consequences

D. Review The Law

E. Consult Ethics Hotline

F. Seek Advice From Peers

G. Analyze Input

H. Consult With Supervisor

IX. IMPROVING YOUR RESEARCH AND WRITING SKILLS

A. Research Tips
1. In General
2. Understand The Issue
3. Know The Facts
4. Check With Others
5. Conduct General Research First
6. Use Primary Resources
7. Use West Key Numbers
8. Find Cases In Your Jurisdiction
9. Find Cases Involving Your Judge
10. Follow Research Trails
11. Use Westlaw Representatives
12. Do Not Rush

B. Free Online Research Sources

C. Creating A Research Database
1. In General
2. Obtain The Firm’s Help
3. Develop A Routine
4. Collect Materials

D. Improving Your Writing
1. In General
2. Specific Pointers
3. Edit

E. Improving Your Correspondence
1. Corresponding With Partners
a. In General
b. Know The Assignment
c. Do Not “Reinvent The Wheel”
d. Draft An Outline
e. Discover What The Partner Prefers
f. Submit Only Finished Work Product
g. Follow Up
2. Corresponding With Opposing Counsel
a. In General
b. Confirm All Agreements
c. Correct errors
d. Avoid Indiscretion
e. Avoid Misrepresentation
f. Write Clearly And Succinctly
3. Email Etiquette
a. In General
b. Treat Email With Professionalism
c. Respond Properly And Be Brief
d. Use A Relevant Subject Line
e. Do Not Send Email When You Are Upset
f. Make The Tone Obvious
g. Consider Who You Copy
h. Include A Disclaimer

F. Devising An In-House Writing Program
1. In General
2. Convincing The Firm
3. Implementing The Program

PART THREE: LITIGATING

X. INITIAL ACTIONS WHEN ASKED TO TAKE A CASE

A. Assessing The Potential Plaintiff’s Case
1. In General
2. Deciding Whether The Client Has A Case
a. In General
b. Analyze Facts And Law
c. Give Honest Assessment
3. Deciding Whether You Want To Take The Case
a. Assess Your Capabilities
b. Assess Case Affordability
c. Assess The Defendant
4. Moving To The Next Step

B. Responding As Defense Counsel
1. In General
2. Analyze Case With Client
3. Conduct Discovery
4. Research Plaintiff
5. Research Facts
6. Consider Hiring An Expert
7. Seek Case Management Conference

XI. DETERMINING THE VALUE OF THE CASE

A. In General

B. Evaluate Liability

C. Explore Types Of Damages Available

D. Determine What Damages Are Recoverable

E. Assign Values To Types Of Damages

F. Discuss The Range With The Client

XII. PREPARING A CASE FOR TRIAL

A. In General

B. Develop And Use A Trial Theme
1. In General
2. Develop Theme Early
3. Use An All-Encompassing Theme
4. Use A Familiar Theme
5. Seek Reactions
6. Simplify Theme
7. Build Case On Theme
8. Revise Theme
9. Use Theme During Voir Dire
10. Use Theme Repeatedly During Trial

C. Quickly Develop Your Case

D. Be Creative

E. Do Your Research

F. Develop Trial Strategy And Prepare A Trial Notebook
1. In General
2. Trial Notebook Sections
a. Case Theme
b. Closing Argument
c. Legal Research
d. Voir Dire
e. Opening Statement
f. Cross-Examination Outlines
g. Direct Examination Outlines
h. Exhibits

G. Request A Scheduling Order

H. File Dispositive Motions Early

I. Let The Client Know What To Expect

J. Defending The Case You Cannot Win
1. In General
2. The Greedy Plaintiff
3. Undermine The Damages Claim
4. Challenge Plaintiff’s Experts
5. Be Proactive And Aggressive
6. Depose Plaintiff’s Treaters

K. Litigation Checklist
1. In General
2. Sample Checklist

L. Details To Ensure A Smoother Trial

XIII. FINDING AND INTERVIEWING WITNESSES

A. Find Potential Witnesses
1. In General
2. Research

B. Interview The Potential Witnesses
1. In General
2. Interview Tips
a. Identify Relevant Witnesses
b. Avoid Ethics Violations
c. Act Quickly
d. Arrange Meeting
e. Obtain Documents For Review
f. Identify Yourself And Confirm Authority To Interview
g. Put Witness At Ease
h. Obtain Prior Statements
i. Obtain Names Of Other Possible Witnesses
j. Ask Open-Ended Questions
k. Clarify Answers
l. Explore Bias

XIV. INVESTIGATING THE CASE

A. Conducting Your Own Investigation
1. In General
2. Records
a. In General
b. Driving Records
c. Criminal Records
d. Corporate Records
e. Court Records
f. Bankruptcy Records
g. Malpractice Records
h. All Public Records
i. Employment And Earnings Records
3. Complaints
a. Customer Complaints
b. Occupational Complaints
4. Product Recalls
5. Auto Defects
6. Article Searches
a. Magazine Search
b. Newspaper Search
7. Internet Searches

B. Investigating A Personal Injury Case
1. In General
2. Motor Vehicle Accident Cases
a. In General
b. Gather Information
c. Interview Witnesses
d. Perform Other Tasks
3. Premises Liability Cases
a. In General
b. Gather Information
c. Interview Witnesses
d. Perform Other Tasks
4. Product Liability Cases
a. In General
b. Gather Information
c. Interview Witnesses
d. Perform Other Tasks
5. Medical Malpractice Cases
a. In General
b. Gather Information
c. Interview Witnesses
d. Perform Other Tasks

C. Hiring A Private Investigator
1. In General
2, License And Insurance
3. Experience
4. Equipment
5. Availability
6. Appearance And Demeanor
7. Expense
8. Continuing Reliability

XV. FINDING AND EMPLOYING THE RIGHT EXPERT

A. In General

B. Determine The Type Of Expert Needed

C. Get Leads And Referrals

D. Screen List Of Possible Experts
1. In General
2. Contact Other Lawyers
3. Conduct Internet Search
4. Conduct A Westlaw Search
5. Review Curriculum Vitae
6. Conduct Background Search

E. Interview The Expert
1. Question Credentials
2. Obtain Articles
3. Obtain References
4. Obtain Other Candidate’s Names

F. Using Your Expert To Win Your Case
1. In General
2. Analyzing The Case
3. Developing A Case Theme
4. Developing Discovery
5. Finding Relevant Scientific Literature
6. Cross-Examining Other Experts
7. Convincing Your Client
8. Settling The Case

XVI. HANDLING DEFENSE MEDICAL EXAMINATIONS

A. In General

B. When Representing The Defendant

1. Determine Type Of Doctor Needed
2. Hire A Neutral Doctor
3. Avoid Communication Problems
4. Determine Doctor’s Fee
5. Send Plaintiff’s Records To Doctor
6. Ensure Doctor’s Availability
7. Coordinate Scheduling, Subject, And Format Of IME

C. When Representing The Plaintiff
1. Prepare Client For IME
2. Decide Whether To Personally Attend IME
3. Decide Whether IME Should Be Recorded
4. Request Copy Of IME Report

XVII. DRAFTING INTERROGATORIES

A. In General

B. Court-Approved Interrogatories

C. Form Interrogatories
1. In General
2. In Federal Court

D. Case-Specific Interrogatories

E. Contention Interrogatories

F. Supplemental And Trial Interrogatories

G. Drafting Style

XVIII. DRAFTING REQUESTS FOR PRODUCTION

A. General Tips
1. In General
2. Be Specific
3. Use Form requests For Production
4. Use Requests Drafted By Others In Your Firm
5. Propound Different Versions Of The Same Request
6. Use Contentious Requests For Production On Plaintiffs
7. Request A Privilege Log
8. Include A Definition Section
9. Agree With Opposing Counsel To Date-Stamp All Documents

B. Requests Propounded To Plaintiff
1. In General
2. Example
a. Hypothetical
b. Cell Phone Records
c. Credit Card And Bank Records
d. Vacation Photos And Home Video
e. Passport Records
f. Pharmacy Records
g. Health Insurance Records
h. Releases
i. Plaintiff’s Day Planner And Diary
j. Plaintiff’s Emails

C. Requests Propounded To Defendant
1. In General
2. Example
a. Hypothetical
b. Original Documents
c. Source Documents
d. Corporate Chart
e. Personnel Files
f. E-Documents
g. Depositions Of Witnesses
h. News Coverage

XIX. TAKING AND DEFENDING DEPOSITIONS

A. In General

B. Understand What Depositions Can Be Used For
1. In General
2. As Foundation For Summary Judgment Motion
3. To Improve Settlement Posture
4. To Advance Case Theme

C. Ensure That Depositions Are Necessary And Appropriate
1. Study Elements Of Case
2. Examine Reasons
3. Interview Potential Deponents

D. Prepare For Deposition – In General
1. Review Documents
2. Prepare Document Binder
3. Explore Need For Duces Tecum Notice
4. Research Deponent
5. Prepare Outline
6. Consider Videotape
7. Prepare For Objections

E. Determine Order Of Depositions

F. Set The Deposition
1. In General
2. Coordinate With The Witness
3. Coordinate With Opposing Counsel
4. Provide Special Accommodation
5. Pay Witness Fees
6. Choose Venue
7. Review The Notice

G. Serve Witness Subpoenas

H. Confirm Attendance Of All

I. Pre-Mark Exhibits

J. Take All Necessary Documents

K. Preparing Your Client For Deposition
1. In General
2. Review Documents
3. Establish Ground Rules
4. Conduct A Practice Run
5. Give Client Basic Information

L. Defending Your Client During Deposition
1. In General
2. Things To Avoid
3. Objections
4. Review All Documents
5. Meet Client’s Needs
6. Clarify Misstatements
7. Provide Instruction
8. Protect Client’s Privileges
9. Protect Client From Harassment

M. Preparing Your Expert For Deposition
1. In General
2. Provide And Review All Documents
3. Discuss Expert’s Opinions
4. Practice Cross-Examination
5. Address Concerns
6. Review Case Themes
7. Instruct Expert

N. Preparing To Take The Expert’s Deposition
1. In General
2. Investigate The Expert
a. Study Expert’s Background
b. Study Expert’s Writings
c. Review Prior Testimony
d. Ask Other Lawyers And Professionals
3. Learn The Area Of Expertise
4. Conduct Discovery Before The Deposition
5. Recruit Your Own Expert
6. Prepare To Challenge Opinions And Methods

O. Taking The Expert’s Deposition
1. Mark And Review All Documents
2. Examine Expert’s Qualifications
3. Explore Bias
4. Define Expertise Narrowly
5. Review Conflicting Literature
6. Explore All Opinions

P. Taking The Corporate Representative’s Deposition
1. In General
2. Obtain Client Input
3. Obtain Records
4. Seek Specific Deponent
5. Research Deponent
6. Prepare Deposition Notebook
7. Confirm Deponent’s Knowledge
8. Ask Tough Questions
9. Seek Other Potential Witnesses

Q. Taking The Treating Physician’s Deposition
1. Goal Of Deposition
2. When To Depose The Treating Physician
a. In General
b. Doctor’s Opinions Support Your Case
c. Plaintiff’s Statements Undermine His Case
d. Doctor’s Handwritten Notes Are Illegible
e. Doctor Did Not Know Of Plaintiff’s Pre-Existing Injuries
3. Obtain Background On Plaintiff’s Injuries
a. In General
b. Discovery, Subpoenas, And Authorizations
4. Create A Medical Chronology
5. Learn The Medicine
a. Review Books And Articles
b. Learn About Neck And Back Injuries
c. Rely On Your Own Expert
6. Apply What You Learn To Plaintiff’s Case
7. Gather Impeaching Science Or Information
8. Learn About The Treating Physician
a. In General
b. Review Curriculum Vitae And Background
c. Obtain Prior Transcripts
9. Prepare A Deposition Outline
a. In General
b. Doctor’s Bias
i. In General
ii. Doctor’s Showing Of Favoritism
iii. Doctor Is A Plaintiff’s Doctor Or Expert
iv. Doctor’s Opinion Was Bought
v. Doctor Is Paid From Damages Award
c. Doctor’s Experience As An Expert
d. Doctor’s Qualifications
e. Authentication Of Medical Records
f. Admissibility Of Medical Records
g. Patient History And Admissions
i. In General
ii. Look For Omissions From Record
iii. Review Plaintiff’s Patient Questionnaire
iv. Review Plaintiff’s Accident Description
v. Note Subjectivity Of Pain
h. Examination And Treatment
i. Diagnosis And Prognosis
j. Need For Future Medical Care
k. Physical Limitations
l. Use Of Authoritative Treatises
10. Conclude The Deposition

XX. RESPONSES TO DISCOVERY REQUESTS

A. Client’s Responses To Interrogatories And Requests For Production
1. In General
2. Filter Out Objectionable Requests
3. Promptly Deliver Requests To Client
4. Review Requests With Client
5. Prepare A Privilege Log
6. State Objections
7. Review Final Responses With Client

B. Opponent’s Objections To Your Discovery Requests
1. In General
2. Review Your Requests
3. Obtain Legal Support
4. Seek A Resolution
5. Move To Compel

C. Responding To Dissatisfied Opponent
1. In General
2. Determine Merit Of Request
3. Weigh Cost Of Battle
4. Reason With Opponent
5. Document Your Position
6. Respond To Motion To Compel

XXI. DRAFTING AND PRESENTING MOTIONS

A. In State Court
1. Justify The Filing
2. Draft The Motion
a. In General
b. Introduce The Issue
c. Provide Authority And Stay On Point
d. Use Effective Style
e. Attach Relevant Documents
f. Edit The Writing
3. Obtain A Court Reporter, If Needed
4. Set The Motion For Hearing
5. Study The Judge’s Prior Rulings
6. Prepare For The Hearing
7. Present The Motion And Preserve The Record
8. Prepare The Order
B. In Federal Court
1. In General
2. Preparing For The Hearing
3. Present Your Motion

XXII. PREPARING AND CONDUCTING CROSS-EXAMINATIONS

A. In General

B. “Previewing” The Questions And Answers
1. Ask Questions At Deposition
2. Know Answers Ahead Of Time

C. Prepare A Detailed Outline
1. Organize Into Topics
2. Use A Two-Column Chart

D. Prepare A Binder For Each Witness

E. Style Questions To Manage Witness
1. Ask Leading Questions
2. Elicit Answers Without Questioning
3. Seek “Yes” Answers
4. Include One Fact Per Question
5. Generally Avoid Ultimate Questions
6. Do Not Argue With The Witness

PART FOUR: LESSONS IN SETTLEMENT NEGOTIATION AND MEDIATION

XXIII. SETTLEMENT NEGOTIATION TIPS

A. Prepare Every Case For Trial

B. Send The Message That You Are Preparing For Trial

C. Improve Your Negotiation Skills
1. In General
2. Investigate Your Opponent
3. Devise Innovative, Win-Win Solutions
a. Think Of Unique Solutions
b. Know End Goal
c. Develop A Contingency Plan
d. Learn Opponent’s End Goal
e. Develop Trust

XXIV. MEDIATION TIPS

A. In General

B. Avoid Premature Mediation

C. Select An Experienced Mediator

D. Know Your Opponent

E. Devise A Mediation Strategy

F. Prepare Your Client

G. Prepare The Case For Mediation
1. Gather Facts And Law
2. Prepare A Case Binder
3. Prepare A Report For The Mediator
4. Prepare A Strong Argument
5. Prepare A Draft Claim Release