Working Smarter Not Harder: Time Saving Organization Tips for New Lawyers
Undoubtedly, litigation operates at a rapid pace and demands a significant degree of effectiveness to achieve success. It’s easy to become ensnared in an extensive research endeavor or inadvertently overlook a novel case if one isn’t attentive. Employing a more strategic approach enhances an attorney’s capacity to effectively champion their clients’ cause, avoiding unnecessary time spent on redundant research or duplicative arguments. This article provides suggestions to effectively organize authority and stay up to date with changes in the law, the courts, and opposing counsel.
Keeping Up With the Times
Remaining well-informed about recent legal developments and appropriately citing the law is critical to success. As Hana Willard advised in her NLD spotlight last month,[1] Clerks and Judges pay attention to — and remember — inefficient and ineffective case law cites. Utilizing briefing services via a list serve or the Daily Journal is one method to remain informed about changes in the law. However, these services may not report on every case published, and are often a few days behind. Fortunately, the California Supreme Court maintains a website where the latest Appellate and Supreme Court decisions are published.[2]
The California Supreme Court website also allows individuals to sign up for e-mail alerts for pending cases.[3] Subscribers can modify the alerts by topic such as briefs filed, argument schedules, and final decisions. With respect to statutes, setting up notifications on legal research platforms (or even Google) can alert attorneys to any modifications or proposed changes to existing laws.
Upon the release of a pertinent case or statute within the attorney’s specialized field, methodically storing authoritative references will result in significant time savings that would otherwise be spent on repeated research and review. Attorneys of varying experience levels secure a competitive edge by maintaining a thorough awareness of legal shifts. An adept attorney is one who remains well-informed.
Authority: Cases and Codes
Attorneys frequently encounter recurrent issues during litigation, often dealing with the same matters across multiple cases or employing similar procedural rules. Efficiently organizing legal precedents (either physically or electronically) streamlines the research process significantly. Particularly, attorneys who remain updated on legal modifications and maintain well-structured folders save valuable time by sidestepping redundant research on identical subjects.
Though each individual has their own organizational style, a widely adopted practice involves categorizing legal authorities by practice area. Within each practice area, cases, codes, and samples can be further classified based on specific issues. For instance, consider the practice area of “Employment Law,” which encompasses distinctive matters like “Discrimination.” Within this issue, there exist sub-issues such as “Administrative Remedies.” When addressing a demurrer in an Employment Discrimination case, involving claims of unfulfilled administrative remedies, an attorney with an organized approach will have already completed a portion of the required research. This results in time savings and cost-efficiency for the client.
Furthermore, the practice of saving successful motions or arguments under relevant sub-issues contributes to future efficiency, whether for subsequent motions or oppositions. This approach not only proves effective for motions but also simplifies the process of meet and confer. Effectively explaining an issue while citing pertinent laws, in the meet and confer process, can potentially obviate the necessity for motion work altogether.
Samples Save Time
Maintaining previous successful motions, memorandums, and summaries, in an organized fashion proves beneficial in enhancing an attorney’s effectiveness. This approach saves the time and effort otherwise expended on rewriting legal argument segments, reviewing standards, and addressing recurring significant issues. The act of maintaining legal references and past arguments within a document or designated folder contributes to a more streamlined and proficient advocacy.
When confronted with a new issue, starting the writing process can be daunting. The utilization of samples or briefs from legal research providers or bar associations facilitates the commencement of the writing process. Drawing from a selection of previously successful motions grants attorneys a solid starting point, eliminating the need to build everything from the ground up. This practice holds particular value for new attorneys as it enables them to identify successful arguments, especially within the relevant jurisdiction, fostering the creation of more effective and efficient arguments.
Nevertheless, when relying on samples, it remains crucial to shepardize the law cited therein to confirm the cited cases and presented arguments have not undergone reversals, overturns, or superseding changes.
Keeping Up with Opposing Counsel
It is no secret that attorneys frequently reuse arguments, and in some cases, entire motions. A search on a legal research platform (or occasionally on Google) can unveil a range or comparable, or even identical, motions. Assessing the past achievements and shortcomings of opposing counsel when dealing with specific matters provides valuable insights into the most effective approaches for countering those arguments.
For every attorney, it is imperative to maintain a record of unsuccessful motions and arguments. Eliminating unsuccessful motions or their components from the samples folder, rather than recycling them, only serves to enhance the quality of the work.
Keeping Up with the Court
Every Thursday at 4pm, the San Diego Superior Court releases tentative rulings for Friday hearings.[4] Examining the Friday court calendar and consulting the corresponding tentative can offer valuable insights into how judges perceive specific issues and arguments. Gaining an understanding of what is effective (and is disfavored) with a particular judge proves immensely beneficial.
Attorneys can determine what case type a matter is by the case number using the San Diego Superior Court’s Civil Case type legend.[5] A good practice for new lawyers is to scan the court’s Friday day calendar[6] on Thursday to see what motions are being heard.
For example, an attorney practicing personal injury law might have a discovery dispute in Judge Braner’s department. That attorney would scan Department 60’s Friday calendar and look for “Discovery Hearing” or “Motion Hearing” under the “Event” column, then see if those cases have “PA” or “PO” in the case number. If there is a personal injury discovery dispute being heard, the attorney could then look up the tentative ruling before watching the argument.
Using the court’s calendar to identify motions concerning related or similar issues and observing the hearings (whether virtually or in person), will contribute to understanding a judge’s specific preferences and the manner in which they manage their courtroom.
Conclusion
Clients can be disserviced by disorganization and lack of research. Attorneys save themselves time, and their clients’ money, by routinely keeping up with the law, courts, and opposing counsel. Work Smarter; not harder.
[1] https://blawg401.com/nld-member-spotlight-hana-m-willard/
[2] https://www.courts.ca.gov/opinions-slip.htm
[3] https://supreme.courts.ca.gov/
[4] Where to view tentative rulings: https://www.sdcourt.ca.gov/sdcourt/civil2/civiltentativerulings
[5] San Diego Superior Court Notice: https://www.sdcourt.ca.gov/sites/default/files/sdcourt/civil2/civilfaqs/civilfaqs2/notice_to_attorneys_and_parties_filing_cases_in_civil_small_claims_and_probate.pdf
San Diego Civil Case Type Legend:
[6] San Diego Superior Court Five Day Calendar: https://www.sandiego.courts.ca.gov/portal/online/calendar.html