Creating a Case File that helps you Manage Your Case
It is essential that you have your own filing system as your case unfolds overtime and the number of papers in it increases. A good filing system allows you to manage the sequence of events, be alerted to important deadlines, and understand the overall character of your case.
Your attorney’s case file tells the world more about you than you want known. It also tells you what your lawyer is thinking about, or not thinking about in your case. Most importantly it establishes what your attorney is doing, or not doing, on your behalf. So you should receive a copy of every document sent by or received by your attorney related to your case. Upon receipt, you should read the document carefully and file it in a way that provides you immediate access to major activities of your case and at the same time creates evolving knowledge about what is happening to you.
After you have negotiated the obligation for your attorney to send a contemporaneous copy of everything going into your attorney’s file, what do you do with all these papers? The answer is not complex. You have a choice. Put every document in a single chronological file or break it down by the organic relationships that govern your case. By absorbing the communications between the structural entities that determine the outcome of your case, in the order they occur, you will be in a position to ask good questions about and ultimately control your case.
The structural relationships are these:
- Your attorney’s relationship to the court (I color code these in red because it is the lifeblood of your case).
- Your attorney’s relationship with you (I color code these in green because you pay the bills).
- Your attorney’s relationship with opposing counsel (I color code these in blue because if your attorney is good, its bruising).
- The procedural events of your case, i.e. pleadings and motions (I color code these in yellow because of the frequency of “yellow journalism.”)
You should color code these documents by placing them in carefully labeled colored hanging files and colored folders within the hanging files.
It may seem a little simple minded to use a color coding system, but I think in the long run it is very important and actually it may save time. I insist that my office uses it and require everyone to think about our cases with the concepts color coding imposes. Here is the structure we use in the order of its placement from the front of the file to the back.
PINK HANGING FILE: title of label, CONTROL
You should file in this section the following types of documents in separate pink folders:
- A timeline of significant events
- “Hot” legal issues
- Index for the case file
BLACK HANGING FILE: title of label, FINANCIALS
Place in the black file, the following documents:
- Proof of purchase of the index number and other receipts provided by the court
- Client retainer agreements and any communications regarding that retainer
- Clerk’s stamped copy of filing summons and complaint
- Affidavits of service for summons and all subpoenas
- Copies of all costs and disbursements made on your behalf (including court reporter bills, process service statements, etc.)
- Original receipt for all notices of appeal
In the black hanging file, you should also have a gray folder that will contain all monthly statements or attorney invoices and payment records.
RED HANGING FILE: title of label: NAME OF JUDGE
In the red hanging file, you should have a separate red folder for each of the following, labeled with the date and the description of the single document contained within it.
- Court orders, decisions and stipulations for adjournments. (You can often find the original date on the document on the last page next to a signature.)
- Communications with the court—create a separate file for each piece of correspondence that has been to sent to the courthouse from anyone involved in the case.
- Notices and notes handwritten on all Court appearances
- Notices of Appeals
Note: If a court order or decision relates to a motion, you should also put a copy of that order or decision in a duplicate red folder and place it at the front of the yellow motion hanging folder for that motion.
FOREST GREEN HANGING FILE: title of label, CLIENT CORRESPONDENCE
In a single green file folder, place all written and faxed communications between you and your lawyer in chronological order (oldest in the back). You should also include in chronological order, all notes you have taken on phone conversations with your attorney. Where you have been asked to review drafts of documents, place then in this folder. If you have provided documentary evidence, make copies of what you sent, place in this folder and make a copy to be included in the “Discovery & Evidence hanging file as well. See Below.
BLUE HANGING FILE: title of label, ATTORNEY CORRESPONDENCE
In a single blue file folder, place in chronological order all correspondence between your lawyer and each of the other lawyers or law firms involved with your case. If more than one firm, set up separate files for each firm.
YELLOW HANGING FILES: labeled as “PLEADINGS” and by the name of each “MOTION”.
A yellow hanging file must be created for each pleadings (complaint, answer, reply) and for each individual motion. Within each folder, each legal document is given its own file, labeled with the date and with the names of the paper, e.g. “5/10/03 Motion to Dismiss Complaint.”
If there is a notice of appearance or substitution of attorneys, it should be filed chronologically in the pleadings hanging file.
If the pleadings are expanded through a demand for a bill of particulars, the demand and bill are filed here also in chronological order.
As mentioned above, a red file should be placed in front of each motion with the Court’s decision as that occurs.
ARMY GREEN HANGING FILE: titles of label, “DISCOVERY” “EVIDENCE” and “EXPERTS”
Use a separate manila file dated and named for each of the following “Discovery” instruments:
- Request for interrogatories and their answers
- Requests for the Production of documents and responses
- Notice of depositions, deposition transcripts and all marked exhibits at each deposition.
- Notice to Admit and admissive
- Non party subpoenas with deposition transcripts and marked exhibits
Use a manila file for each piece of documentary evidence.
Use a separate manila file for expert reports
