Shannon Wise · Jennifer Morales · Brian Blankenship · Jim Murphy · Sean Claggett

Drafting Complaints

• Frame the Case with Purpose. Not just about Notice.
• Know your audience.
• Name All Parties.
• Separate Claims.
• Plead All Damages.
• Plead Punitive Damages.
• Be aware of specific rules for wrongful death cases.
• Tell the Story from the Defendant’s wrongful conduct.
• Plead jurisdictional facts to avoid removal.
• Uses at Trial.
• Don’t let it sit. File early.

Draft Jury Instructions and Written Discovery

• Figure out what you have to prove.
• Draft RPDs first and before the discovery period begins so they are ready to go the moment you can send discovery.
• Save the Rogs and Admissions. Throw darts with these.

Review Initial Disclosures and immediately determine what you did not get.

• Don’t sit on it and be lazy.
• Did you get insurance policies? All of them?
• Did you get a list of witnesses who can be deposed?
• Did you get color photos?
• Did you get actual documents rather than BS.

Send Letter regarding Disclosures and insurance policies. (always incomplete).

Send Written Discovery First Day Possible.

• Ask for policies and procedures.
• Add another request for insurance.
• Ask for all video and audio.
• Ask for the Claims File.
• Ask for Prior Incidents.
• Work out any issues with a protective order. If they want one, you need a draft before discovery begins because you are likely to challenge it. Don’t just sign them. Make them file a motion. Work this out as early as possible.

Review Discovery Upon Receipt

• Review Responses.
• Did you get a privilege log? Does it comply with applicable law?
• Did you get complete responses?
• Did you get color photos?
• Did you get video?
• Are the objections boilerplate? Always will be. This is not permitted in most or all jurisdictions.
• Defense attorneys are taught to not respond and lazy lawyers tolerate it.

Prepare Good Faith Letter or Schedule Call.

• Some states require a letter. If so, do it within days of receipt of responses. Good practice to do one anyway.
• Send letter and schedule a conference. Don’t leave it open ended. You give them 3 dates. If they do not respond, you call on all 3 of those dates.
• Have your good faith conference and give a short, but reasonable time for a supplement.

File your Motion to Compel.

• You will be filing these. It’s not if, but when. Get the Court on notice early about Defense games.
• Get an Order for more documents.
• If the production is still not satisfactory, then prepare a motion for an order to show cause.