Generation J.D.

When I was a brand-new associate, I was working with two other very experienced lawyers (Rob Jenner and Ben Glass) on a wrongful death case. We represented the family of a man who was driving home to Virginia from an Orioles game. On I-95, he died instantly when he collided with a tow truck that was stopped in the lane of travel with no lights on.

I had primary responsibility for working up the case. As we got closer and closer to trial, we needed to digest the file into workable notebooks, so everything related to the case was easy to find and use in court.

I had never seen a trial notebook before, and there were so many possibilities for organizing the materials that I was paralyzed with indecision. The case seemed so huge at the time, and I had developed such a close relationship with the plaintiffs that I wanted to do a great job for them. Of course, by the time we were ready to create a notebook system, we were only a few days away from trial (with a billion other things to do). So, Rob sat me down and went through his framework for organizing trial binders.

It took me half a day to get it together, but by the time of trial, everything was instantly accessible. From that experience I learned two lessons: (1) make your trial binders early–I prefer to start them when discovery starts; and (2) work with your paralegals and secretaries so that the creation of trial binders is an automatic process–it is not nearly so much work if it is done as the case progresses toward trial.

Trial binders are largely a matter of taste. There is no “right way” to organize your file for trial—the key is that the binder be organized and easy to use. Additionally, the binder should present a professional image—use actual tabs (not just sticky notes stuffed in to designate sections—a practice I am sometimes guilty of). A clean-looking binder may not earn you the respect of your client, the jury or opposing counsel, but a messy and disorganized binder may give the wrong impression.

Here are the sections I use in my District Court automobile liability cases (it may be necessary to add more sections depending on the complexity of the case. For example, you may need a tab for medical records from prior/subsequent injuries):

• LEFT FLAP: Contact information for client (including cell phone), key witnesses, defense attorney, court clerk; trial notice (I keep these in the left flap because they are frequently needed when I’m driving, and need to be easily accessible)
• Tab 1: Summary of the File (basically 3-10 pages of notes on my review of the file—description of collision, medical records, pleadings, evidence, etc.)
• Tab 2: Opening Statement (outline)
• Tab 3: Direct Examination & Cross-Examination of Witnesses (separated by colored paper)
• Tab 4: Closing Argument and §10-104/10-105 (these are put together because in my closing I will extensively refer to the bates-stamped §10-104)
• Tab 5: Police Report & Google Earth map of scene
• Tab 6: Photographs
• Tab 7: Plaintiff’s Answers to Interrogatories, Responses to Requests for Production of Documents, and Deposition (separated by colored paper)
• Tab 8: Plaintiff’s Answers to Interrogatories, Responses to Requests for Production of Documents, and Deposition (separated by colored paper)
• Tab 9: Defendant’s counter §10-104/10-105 designations, if any
• Tab 10: Statutory/Case Law

Here are the sections I use in my Circuit Court cases (the number of binders may vary depending on the complexity of the case):

BINDER 1: LAW BINDER

• Tab 1: Scheduling (monthly calendar showing each day’s activities and planned witnesses)
• Tab 2: Pre-Trial Statement and Significant Court Orders
• Tab 3: Proposed Voir Dire (both Plaintiff and Defendant, separated by colored paper)
• Tab 4: Proposed Jury Instructions (both Plaintiff and Defendant, separated by colored paper)
• Tab 5: Proposed Special Verdict Sheets (both Plaintiff and Defendant, separated by colored paper)
• Tab 6: Pre-Trial Motions (i.e., Motions in Limine)
• Tab 7: Hot Correspondence
• Tab 8: Hot Pleadings
• Tab 9: Hot Discovery
• Tab 10: Miscellaneous

BINDER 2: WITNESS BINDER

• Left Flap: Chart of exhibits (identified/introduced/admitted)
• Tab 1: Opening Statement
• Tab 2: Closing Argument
• Tab 3: Burden of Proof Chart (list of everything that needs to be proved, and the mechanism of proof)
• Tab 4: Witness A (repeat as necessary for each witness)

Direct Examination/Cross-Examination Outline
Key Documents (recorded statements, discovery documents, depositions, curriculum vitae, expert designation, deposition designation, subpoena for attendance

BINDER 3: MASTER DISCOVERY BINDER (if necessary)

BINDER 4: MASTER DEPOSITION BINDER (if necessary)

BINDER 5: MASTER PLEADING BINDER (if necessary)

Binders 3, 4 and 5 may be combined into one, unless the volume justifies separate binders. Of course, you should always have the main file handy in case you need items that are not part of your binders. This is just my formulation of the mousetrap—if you have a better mousetrap, let me know!

Oh, and as for the trial–the defendants caved right before their expert was set to testify. Our clients got a terrific settlement, and I’ve never seen a client more deserving.