Optimizing Your Resources Using Databases Effectively in Cases
November/December 1999
© Copyright 1999. All rights reserved.
Reprinted with permission from the November/December 1999 issue of OCPA Compendium
Creating a useful database not only saves time and energy, it also saves clients money. It assists substantively in cases by making factual information more readily accessible for the attorneys to review. It saves clients money because of the easy retrieval of substantive information, and makes large, document-intensive cases much more manageable. A database can be accessed and utilized by attorneys, paralegals, staff members, and even clients.
Clients often express concern with the expenses associated with implementing databases. While initial set-up costs can be expensive, once the software is in place, it can be used repeatedly for a variety of cases and purposes. Obviously, the needs of clients and other factors must be considered in order to meet the demands of a particular practice. Given the variety of software packages currently on the market, chances are good that there is one that meets these needs and is affordable, reliable, and practical.
The most common function of a database is to index documents. There are certain "fields" created where data from the documents is entered. Data entry can be done by support staff (if given the proper guidance) or by paralegals or attorneys who wish to familiarize themselves with the substance of the documents. The fields capture critical information from each of the documents being summarized, such as the author, the recipient, a brief description, the date it was written or created, as well as the types of issues it relates to, other persons mentioned, etc. A listing of some suggested fields is included later in this article.
A database makes documents easily retrievable once certain parameters are established. For instance, an attorney may be preparing to take or defend the deposition of Mr. Smith. Once the documents are indexed in a database, the database can be searched for all documents authored by, sent to, or mentioning Mr. Smith's name. In addition, the search could be performed for documents relating to particular issues that Mr. Smith is familiar with in the case. Once the search results are generated, the responsive documents can be pulled for the attorney to review. Alternatively, the attorney or paralegal can generate a report which chronologically lists the responsive documents with brief descriptions of each, and any other pertinent information about the documents. This enables the attorney to quickly determine which documents to have pulled for the deposition preparation. This process helps the attorney prepare substantively for a deposition, regardless of whether he/she is preparing to defend a witness whose deposition will be taken, or whether he/she is preparing questions for the direct examination of a witness. Such a report allows the attorney to objectively see which documents are associated with a particular witness or issue and to be able to review the contents of those documents, if desired.
Besides making large, document-intensive cases more manageable, databases are useful for other reasons. For example, by analyzing the data in various forms, the persons who are likely the most knowledgeable about certain issues in a case can be determined, a chronology of events can be created, and duplicate documents can be easily identified. Some other non-document applications for databases are:
- The database can be used to create and generate a "who's who" list for a case. The list identifies all of the participants in the case, including all of the parties and their attorneys, third parties, fact witnesses, expert witnesses/consultants, along with information about the assigned judge, the court clerk, and even the court reporters retained to report depositions in the case. Fields can be included to allow descriptions of respective roles, along with all pertinent contact information. Areas of anticipated testimony can be included for witnesses, as well as whether their deposition has been taken (and if it's been taken whether it has been signed/returned with changes), etc. Reports can be created with varied amounts of information on them for different purposes and be distributed to different people working on the case.
- The database can be used as an "electronic calendar" to keep track of upcoming events. For instance, dates of upcoming depositions could be entered into a database along with the location, the names of the attorneys responsible for the deposition, and the court reporter and videographer that has been retained. The database can be used to track due dates for discovery, hearing dates, and pre-trial deadlines, and can also be used to track the dates status reports should be sent to the client. Once the information is inputted, the database can be sorted by date, event, or responsible attorney and a report can be generated. Reports can then be distributed to the attorneys working on the case, and in some events, the attorneys may even pass them along to the clients.
As mentioned earlier, some suggested fields (and a brief description of what type of information would be entered into the field) are listed below. This list could be used for documents produced during the course of discovery, which may ultimately be used as deposition exhibits and trial exhibits:
FIELD NAME | DESCRIPTION OF FIELD CONTENTS |
Starting document no. | What is the beginning document number (i.e., bates number)? |
Ending document no. | What is the ending document number? |
Source | What party or third party produced this document? (This field is optional; often a prefix is assigned when affixing bates nos. to indicate the source.) |
Document type | What type of document is this (letter, memo, report, etc.)? |
Date | When is document dated? |
To | Whom is this document addressed to? |
From | Who authored this document? |
CC | Are there any cc's or bcc's indicated on the document? |
Mention | Are there other persons mentioned in the document? |
Description | What is the general substance of the document? |
Witness | Which witnesses may have knowledge of the document? (Good start for deposition preparation.) |
Attorney notes | Any comments by the attorneys about this document? |
Issues | What issues does this document address? |
Deposition exhibit no. | If this document was used at a deposition, what exhibit no. was it assigned? |
Motion/objection | Are there (or were there) any motions or objections relating to this exhibit? |
Offered/admitted through | Which witnesses will be able to authenticate this document at trial? (This is usually determined after depositions have been taken to see which witness knew the most about the document.) |
Date Identified | If used at trial, what date was the document identified? |
Date Admitted | If used at trial, what date was it admitted into evidence? |
These are only suggested fields; it may be necessary to modify the database fields to suit the needs of a particular case.
Just remember that databases can help the litigation team in so many ways, and can constantly be updated and modified as new information is received. Don't be afraid to use them!
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