Check List

90 days and counting

Don t let the details slip through the cracks on your way to the courthouse. Keep this checklist handy during your last three months of trial preparation.

90 days to trial

• Review the file to refocus your theme
  • Assign tasks and responsibilities
  • Schedule periodic meetings to check status
  • Refine your theme
• Meet with your client
  • Discuss current medical condition and other damages issues
  • Identify trigger testimony
  • Meet with family members and friends
  • Give client copies of discovery materials
• Review medical records and bills
  • Order updated records and bills
  • Call client to identify new health care providers
  • Pay attention to records produced before depositions
• Give updated records to experts
• Organize medical expense binder
• Notify experts of the trial date
• Update expert information
  • Schedule time for experts to re-examine client
  • Have life care planner and economist supplement reports
  • Provide supplemental reports to the defense
  • Find out whether life care plan recommendations have been or can be implemented
  • Give experts copies of their depositions and completed errata sheets, as well as other relevant depositions
• Follow up on depositions
  • Create time line using deposition testimony and records
  • Follow up on requests for records revealed during depositions
• Review elements of proof
  • Create checklist that identifies the source of proof for each element of the case
  • Correct deficits if some proof is lacking
• Prepare witness checklist
• Have factual and legal research ready
• Review learned treatises
  • Make sure you understand the information in learned treatises
  • If not exclusively for impeachment, disclose to defense if necessary
  • Use experts to locate articles
  • Determine who is authenticating
• Update discovery responses
  • Review and supplement discovery responses
  • Review defendants discovery responses to determine whether they are sufficient
  • If deficient, send good-faith letter
  • If good-faith letter goes unanswered, file motion to compel
• Prepare testimony outlines
• Organize trial notebooks
• Update lien information
• Prepare demonstrative evidence
  • Determine witnesses to authenticate and verify accuracy
  • Research and prepare arguments for objections
• Develop impeachment evidence
  • Review defense expert deposition transcripts
  • Get transcripts of experts depositions in other cases
• Plan for jury selection
• Conduct focus groups

60 days to trial

• Continue client preparation
• Send experts another reminder
  • Schedule trial preparation sessions for two weeks before trial
  • Schedule preparation time the night before trial testimony
  • Check with experts about presentation of exhibits or suggestions for exhibits
• Update motions in limine
• Prepare subpoenas
• Request admission of facts
• Look into members of the jury pool
• Prepare pretrial conference filings
• Organize joint medical records and expenses
  • Send letter to defense to gauge interest in joint exhibit
  • If defense agrees, send a copy of records in draft format
  • Place into final format, Bates stamped, and make copies
  • Send invoice to all counsel for their portion
• Take time off

30 days to trial

• Confirm logistics
• Get subpoenas in order
• Transport the file
• Continue client and witness preparation
• Visit the courtroom
• Narrow down field of witnesses

Finalize demonstrative evidence

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