Berkent's Blawg

Litigation Tips and Tricks of the Trade:  Tip 2:  Data-basing Made Simple (and Affordable)

This is Richard Kent Berger from Berkent Legal Services, P.C. with another of my Litigation Tips and Tricks of the Trade.  Today’s tip is to explore litigation Data-basing Made Simple (and Affordable).  This video blog explores this issue three ways:  Why?  How? And how much?

Ok, Why?:  Well, litigation is about organization and the more you know about your case the better chance you have to succeed in the litigation whether that means in the demand stage, in discovery or at trial. As I was taught “the best way to settle a case is to prepare to try it.”  So, then, data basing is a way to keep your facts organized so that you can reach for them every time they are needed and whenever they may be found.  Let’s say that you need to prove in a case that the other side KNEW that they breached a contractual term and that the breach was willful.  That evidence may come in from party admissions found in emails, in letters, at depositions, from answers to interrogatories, requests from admissions, stipulations from another case etc.  What if you could mark every such instance under the simple code “BCW” for Breach of Contract Willful?  Then, if you looked up that code you would find every instance of proof of that fact and you could even sort it by type of evidence (document, deposition etc.) chronologically or other ways.  That would be a database on one issue.  As the case is built, more facts would be added to this issue making your cases stronger and stronger and because the database exists in an organized system YOU WON’T FORGET what you’re evidence is, where it is, and how to get to it for legal memos, for depositions, for bench memos, for  Requests for Findings of Facts. For Requests for Admissions etc. etc.  And you only have to learn these facts once because of organization.

Next Question is How:

As this blog is directed to the small firm with medium to complex cases, let me tell you first what you don’t need.  You don’t need to spend thousands of dollars on overally sophisticated litigation support digital environments to make your litigation practice paperless.  For most cases it’s not a good use of your time and your client will have no intention of paying for it.  And, if your case is on contingency you will not want to devote YOUR firm’s time and money scanning and digesting every piece of paper or scrap of testimony that you encounter.  That is why, for the most part, I do not advocate the use of commercial litigation support systems.  They are too complex and the intellectual ROI is not high enough to provide the litigation with the competitive edge that he or she seeks in the case.

Instead, since 1986 when I bought my first PC (while at Gaston & Snow) I started to develop database systems to track my cases.  I used flat file systems and than relational database systems when they became available to me.  I wrote in Reflex, Paradox, and then Miscrosoft Access.  What-ever the platform the process is the same.

1. Make a list of database codes in a single table.  Add and subtract from this table over the course of the litigation.  This list gets printed out and used often.  It is an integral part of your thought process of the case.  Codes include things like “DA” for Defendant Admission; “SG” for smoking gum; “PUBL” for published (in a defamation case);  “MITD” for mitigation of damages.  The list, literally, goes on and on.
2. Design your database to inventory whenever you come across a piece of evidence that fits the code.  This is down in input forms that tell you where the evidence is, it’s official citation (like deposition page and lines), and where it can be found (like in banker box # 11, file 501(a)).  Note to self, this is really fun when you get to cite six prior depositions when the deponent in front of you is saying something completely inconsistent to what everyone else has said.  With your laptop in hand, you KNOW this info book and page and line in less than a minute RIGHT ON THE FLY.  It’s not only fun, it settles cases.
3. Print reports as needed for briefs and trial prep.

Last Question is How Much:? The sky’s the limit but I’m more of the bootstrapping type.  Designing your own system should cost no more than a couple thousand dollars tops and then you’ll use it over and over again and it will do everything you want it to.  If you are database handy, you can do this yourself for Zero Dollars in a weekend or less.  After that the cost is simply to input the facts but that should be happening as you are reviewing evidence and (heck) you have to review the evidence anyway.  In a simple but effective system like this (which will work even for complex cases) I do not advocate scanning all the documents because it’s not needed to control your facts.  The data entry cost should, not even be perceivable and in fact in the long run the hourly effort will decrease because complex collections of facts will never need to be releaerned or re-assembled.

That’s it for now.

I’m Richard Kent Berger from Berkent Legal Services, P.C. hoping you found this helpful and reminding you to feel free to contact us to help with any of your cases.  We’re you “2^nd Chair” counsel whenever you need us, wherever you need us.  Till next time counselors!