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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