Case Management Archives | Jeremy W. Richter

What Judges Wish You Knew

Jul 18, 2019

I'm attending the Alabama State Bar's annual conference this week. One of the sessions yesterday was with a panel of judges sharing with lawyers what they wish we knew and did differently. Most of them are pretty straightforward, but the first one caught me off guard. What judges wish you knew and did differently Don’t wear flip-flops to court - this was not gender specific, and I was embarrassed for the entire profession that this needed to be addressed. Don’t use lengthy string cites in briefs without explanatory parentheticals. Judges aren't putting great weight on cases that we don't bother...

Is Your Deposition Outline a Crutch or a Safety Blanket?

Jul 16, 2019

For the first time in 6 1/2 years of practicing law, I didn't take an outline with me to a deposition. It wasn't intentional, mind you. I had my accordion folder with all my exhibits and the documents I'd taken notes on. I just forgot to print my deposition outline before heading out the door. When I got to the office of plaintiff's counsel and began unloading the contents of my folder onto the conference table, I realized I was without my deposition outline. I was immediately flustered by this. But I took a minute and sorted myself out, and...

Authenticating Emails for Use as Admissible Evidence

Jun 4, 2019

Sometimes at trial, the only way to get certain facts or statements into evidence is through the emails that contain them. But this situation occurs infrequently enough that most of us don't know off-hand how to go about authenticating emails for use as admissible evidence. Fortunately, a path has been paved for this in Alabama that makes it clear how we need to authenticate emails. Authentication under Alabama Rule of Evidence 901 Alabama Rule of Evidence 901 provides the requirements for authenticating evidence. The purpose of authentication is to enable the court to be "satisfied by evidence sufficient to support...

Can Email Batching Increase Your Productivity?

Jan 15, 2019

Once a month, I send out an email to the folks who subscribe to my email list. A few months ago, I noticed a particular auto-responder that I got from one of the lawyers who subscribes to the list: I only check my email twice each day. My goal is to reply to yours within one business day of receipt. If you need a quicker reply, please contact my office manager at [email address]. If you are a client please log into MyCase using your login credentials and send me a message there, and please remember to copy...

[Appearance] Applying the WAIT Principle When Addressing the Jury

Sep 11, 2018

When addressing a jury, lawyers can often be suckered into getting carried away with the sound of their own voice. Talking for the sake of talking. One way to ensure you stay on point and are moving toward your goals is to apply the WAIT Principle, which asks Why Am I Talking? You can read practical applications for this principle at my article in the ABA Journal's Your Voice feature: "Fear you are talking too much to a jury? Then WAIT"

How to Argue with Opposing Counsel in a Civil Manner

Sep 4, 2018

In recent years, civil discourse has gone the way of the dodo bird. We seem societally incapable of contending with anyone who does not share our analysis or opinion. Rather than dealing with the merits of our opponent's argument, we are more likely to demean them and cast aspersions. Politics and social media serve up prime examples of these behaviors. But they don't end there. It has migrated into the manner in which we handle our cases. By its very nature, the law is a contentious business. But that doesn't mean we can't deal with each other in a civil...

[Appearance] Using Auto-Correct Settings as a Preventative Measure

Aug 31, 2018

There are some words and acronyms that are difficult to remember how to spell correctly. But that's no excuse for continuing to do so indiscriminately. To read about how to use auto-correct settings and add words to your Microsoft Word dictionary, hop on over to my new article for Attorney at Work: Using Auto-Correct Settings as a Preventative Measure.

[Appearance] Should You Assume the Judge Is Familiar with Your Case?

Aug 7, 2018

I was in a conversation with some other litigators when this question came up: What's the most polite way to ask a judge whether they're familiar with the briefs or would they prefer if I summarize the facts and issues for them at oral arguments? So not knowing the answer myself, I asked some of the most notable judges and appellate lawyers on Twitter to weigh in. You can read their thoughts on my article at the ABA Journal: Should you ask judges if they are familiar with your case?

Can Your Opening Statement Be Used against You?

Jun 26, 2018

A few years ago in a small county in eastern Alabama where there lies a notorious stock car superspeedway, we were trying a case. Our truck driver had been traveling behind a school bus, when the bus stopped at a set of railroad tracks. Our driver also stopped. The bus started forward again, then immediately stopped at a second set of railroad tracks. The truck driver did not stop this time. He had forgotten about the second set of tracks. Several years later, some of the children riding the bus filed suit against the driver and trucking company. We did...

Using Your Opening Statement as a Roadmap for Trial

Jun 19, 2018

Once upon a time, if you needed to get from Houston to Chattanooga, you'd get out your trusty Rand McNally roadmap and plot your course. Using various waypoints, you'd figure out how to get from your launch point to your destination. An opening statement should be used in just the same way. Your opening statement should be a roadmap for the jury that gets them from the launch point (i.e., they've been seated on the jury panel and know almost nothing about the case) to the destination (i.e., entering a favorable verdict for your client). The waypoints are the evidence...