Index

• Author: Leonard Bucklin
• Pages: 759-778

I-1 (Rev. 8, 3/13)

Index

A

Accounts and Accounting

Closing letter terminating case after settle-

ment with final accounting of fees,

advances or loans, costs, reserve

account, liens, and subrogation

rights (sample letter), §22.7-8

Creditors, warning on disbursing settlement

proceeds without notice, payment,

or accounting to, §22.1

Additional Tasks, Notes of, §1.3

Addresses and Phones Numbers

Finder lists, §§10.1-4

Admission. See Requests for Admission

Advances to Clients

Closing letter terminating case after settle-

ment with final accounting of

advances or loans, fees, costs,

reserve, liens, and subrogation

rights (sample letter), §22.7-8

Affidavits and Declarations

Attorneys’ fees, checklist of content of

billing attorney’s affidavit or testi-

mony, §57.11

Billing attorney’s affidavit, exemplar format,

§57.12

Appeals

Specificity of objection, §52.2

Appearance

Deposition witness fails to appear, §14.14

Attachment

Deposition witness fails to appear, §14.14

Attorney-Client Relationship

Client’s role in building trial notebook,

§46.19

Closing letter terminating case after settle-

ment with final accounting of fees,

advances or loans, costs, reserve,

liens, and subrogation rights (sam-

ple letter), §§22.7-8

Educating client on preservation and pro-

duction of electronically stored

information, §45.1

Media, helping client develop response to

Generally, §30.13

Attorney and client response to media,

form, §30.15

Rules for individual client in average

case, form, §30.14

Non-engagement letter, §§31.1-2

Preparing for required disclosure of ESI,

questioning client or key persons,

IT managers, relevant ESI, §45.4

See also Client Role

Attorneys

Keep other side reacting instead of attack-

ing, §30.2

Malpractice. See Legal Malpractice

Sanctions. See Sanctions

Settlement discussions, documenting when

advising client to settle, §22.3

Attorneys’ Fees

Generally, §57

Accurate time records, §57.1

Billing attorney’s affidavit, checklist on con-

tent or testimony and exemplar for-

mat, §§57.11-12

Billing increments, problems with large

increments, §57.3

Billing methodology, four elements of, §57.2

Closing letter terminating case after settle-

ment with final accounting of fees,

fee-splitting, advances or loans,

costs, reserve, liens, and subroga-

tion rights (sample letter), §§22.7-8

Contingency fee contract for personal

injuries, warning, §57.9

Demand requirements, effect of failure to

comply with on fee recovery, §57.9

Documents supporting request for attor-

ney’s fee, §57.10

Examination of attorney fee bills, using

Internet to find firms specializing

in, §57.1

Expenses, §57.7

Experts

Deposing adverse fee expert, §57.19

Direct examination of expert witness on

reasonable fee, checklist, §57.18

Proving or attacking amount of fee,

§57.16

Reasonable attorney fee, expert testimo-

ny on, §57.17

Factors other than time in reasonable fee,

defining reasonable fee, §57.4

Jury question on attorney fees, form, §57.14

Order by court as fact finder on attorney fee,

form, §57.15

Paralegal time, §57.5

Prejudgment interest, §57.6

Protective orders, §12.17

Reasonable fee, procedural traps, §57.9

Settlement agreement and dismissal order,

effect on attorney fees, §57.8

Statutes governing attorney fees for specific

case, checking for all applicable

statues, §57.9

Telephone calls, §57.1

Timekeeping requirements, Hensley case,

§57.1

Authentication

Electronically stored information (ESI)

Best ways to authenticate electronic

data, §45.12

Foundational issues, §45.1

Litigation hold notices on ESI, attorney’s

duty as to copying of E-mails, §1.5

Metadata, §45.8

B

Bench Warrant

Deposition witness fails to appear, §12.14

Bodily Injury. See Personal Injury

Breach of Contract

Juror questionnaire, form, §19.13

See also Contracts

Burden of Proof

Electronically stored information (ESI), bur-

den of showing ESI not reasonably

accessible, §45.2

Medical treatment reasonable, caused by

accident, and charges reasonable,

proving, §13.1

See also Evidence

C

Case Planning. See Plan for Case in Notebook

Certificates and Certifications

Mistake to avoid, certifying “all” originals

and changed copies have been pro-

duced, checklist of better responses,

§45.5

Challenge for Cause

Challenges for cause, §19.15

Sample challenge questions, §19.16

Character Evidence

Adverse information, ways to reduce impact

of, §51.6

Checklists

Attorneys’ fees

Content of billing attorney’s affidavit or

testimony, §57.11

Deposing adverse expert on attorneys’

fees and deposition checklist for,

§§57.19-20

Direct examination of expert witness on

reasonable fee, §57.18

Bodily injuries

Client’s checklist of, §46.20

Instruct plaintiff clients by take-home

forms, §§46.29-30

Depositions

Deposing adverse expert on attorneys’

fees and deposition checklist for,

§§57.19-20

Motor vehicle accidents. See Motor

Vehicle Accident Depositions

Objections checklist, §40.3

Personal injury plaintiff, checklist for

defendant’s deposition of, §47.2

Premises liability defendant, checklist

for plaintiff’s deposition of, §§61.12-

13

Slip and fall plaintiff, checklist for depo-

sition of, §§61.14-15

Developing client information forms, §46.21

Doctors

Defendant’s direct examination of

defendant’s IME doctor at trial,

checklist of questions, §§47.16-17

Defense examination of plaintiff’s treat-

ing doctor, §47.13

Plastic surgeons, checklist of direct

examination questions, §47.23

Treating doctor, checklist for plaintiff’s

direct examination at deposition or

at trial, §47.12

Electronically stored information (ESI)

Attorney’s duties regarding ESI and E-

discovery, §1.5

Avoiding mistake of not telling client to

preserve ESI, §45.2

IT person deposition, checklist, §45.24

Meet and confer checklist style report

regarding ESI, form, §45.11

On-site computer search and inspection,

protocol checklist for, §45.28

Ethics of outsourcing legal work, form,

§30.30

Exhibits foundation checklist, quick refer-

ence list for notebook, §52.13

Exhibits foundations checklist, §16.4

Expert opinion (ours), checklist of admissi-

bility, §7.9

Experts (theirs), checklist of ten standard

items to consider in cross-examina-

tion, §8.2

Litigation checklist

Agreed items made with adverse coun-

sel, adding to checklist, §1.4

Form, §1.7

Instructions to staff on how to use

checklist, §1.6

Purpose of, §1.1

Task-specific deadlines, specific, meas-

urable, attainable, realistic, and

time-limited (SMART), §1.2

Objections checklist, quick reference list for

trial notebook, §52.10

BUILDING TRIAL NOTEBOOKS I-2