“I can’t change the direction of the wind, but I can adjust my sails to always reach my destination.”
In the prior post – Through The Looking Glass – Part Two – we considered the advice given to Alice in Wonderland: “If you don’t know where you are going, any road will take you there.” This advice is indisputably true. But of course it is not helpful, indeed it is dangerous, if reaching a specific destination – e.g., winning your case; saving a client from certain ruin – is important to you.
In this last post to my Romero blog series, we are going to take a different tack, the one offered up at the top by Jimmy Dean, actor and sausagemaker. This aphorism is also true and at the core of effective case management. The facts of a given case may be immutable, like the wind. But by having a firm grasp of your ultimate destination, and the effects of the wind in reaching it, you can adjust your sails to always reach your destination.
Let’s see how Dan Hosmer uses Summary Judgment to do just that, in preparing for Carson Romero’s criminal trial for possession and sale of drugs within a school zone. In the process we’ll review many of the key features of Summary Judgment, and explain how to use them in preparing for trial.
Before putting cursor to screen to draft his witness examinations, make exhibit lists, and complete the rest of his trial prep, Dan makes an updated Tinderbox Map showing the key actors and events, their relationships to one another, and the case for trial as a whole. He follows these simple steps:
1. He creates “Agents” to retrieve all of the relevant Case File Notes concerning each actor (e.g., Carson Romero; Julie Chandler; Officer Woodson); and the important events (i.e., the house party located in a school zone where Carson is alleged to have been selling drugs); the first accident outside the house party where Carson is accused of ramming Julie’s car; the second car crash, a single car collision involving Julie , in whose possession the drugs attributed to Carson were found, and which later tested positive at a crime lab).
2. He uses Tinderbox’s powerful “Find” feature, which can search and retrieve any text string (e.g., a word or even a few letters strung together) to search for a few key Notes that he will want to keep separated in his Map for easy reference. In this case Dan has used the Find feature to locate and retrieve a Note called “Drug Testing Lab Report” into which he had “dropped” a PDF copy of the state police crime lab report of the drugs attributed to Carson. He put that special Note in its own Adornment entitled “Forensic Evidence.” See No.3 below. He also uses the Find feature to locate a Note called “Timeline” – which is a chronology and timeline of the case facts which he had prepared as the case unfolded; and also “Poss. w/Intent to Distribute”, which is a Note in which he has stored his legal research concerning the specific offense (e.g., the relevant statute and case law). He puts those special Notes which he may want to refer to repeatedly, near the bottom of his Map where they are handy and can be easily popped open to see their contents.
3. Next he creates “Adornments” (background boxes) to visually distinguish the important elements of his Map, and he gives each Adornment its own title and distinctive color.
4. Then he moves the Agents inside of their applicable Adornments (e.g., House Party; Carson Romero; Julie Chandler, etc.). Because each Agent contains an “Alias” copy of each Note it has retrieved, if while analyzing the case for trial using his Map Dan decides to make changes to any of the Aliases stored inside an Agent, then the original Note in his SJ outline will likewise be changed simultaneously.
5. Finally, when he has all of the Notes inside their Adornments logically structured, he creates visual Links between them, which will help him in developing a coherent trial strategy and effective tactics.
This is what Dan’s Trial Map looks like:
Having thought through the issues and obstacles in trying his case, Dan next opens up the Trial Preparation section of the SJ Outline and gets down to business. In it he finds everything he needs to get the case quickly organized and himself prepared for trial, including subfiles for Witnesses and Witness Exam forms for drafting direct and cross examinations of each witness; and Evidence broken down by subcategories (e.g. Contracts/Agreements; Medical Records; Medical Bills; Business &/or Financial Records; Tangible Evidence; Chalks/Charts, etc.). He can easily create and tailor additional subfiles to fit the case proof, and/or remove those that are not relevant. Witness and Exhibit List forms are provided into which the well-organized witness testimony, and evidence, can be easily inserted (e.g., by cutting and pasting).
With the Trial Preparation section completed Dan can focus on the Trial itself. He opens the Trial section of SJ which includes the “Order of Battle” – a handy outline of the anticipated trial elements from pretrial housekeeping matters through verdict/finding; and subfiles covering Impanelment; Opening Statement; Witness Examinations; Motions for Directed Verdict/Finding; Jury Instructions; Closing; and Verdict.
Given the outstanding quality of his trial preparation, there is little likelihood that Dan will lose his case. But if worst comes to worst and the outcome is disappointing, Dan will be able to challenge it effectively in the Post Judgment and Appeal sections of SJ which cover everything required to preserve the record and successfully appeal an adverse judgment.
Last, but certainly not least, as this week the rent is due on Dan’s apartment, and it’s a payroll week at the office, in the Time & Billing section of Summary Judgment Dan makes a time slip for the hours he spent in preparing for trial.
And he prepares an Invoice to send out to Joe Romero, Carson’s father, using SJ’s simple Invoicing subsection, which allows rapid collection of all of the relevant time and billing data which Dan has entered himself as the work progressed (e.g., time slips, expense slips, payments and credits, prior balance owed, etc.), makes the necessary financial calculations, and produces an invoice which his client will be more likely to pay because of its simplicity and clarity.
[N.B. I recommend to my readers that they follow the parallel Romero case blog of Mark Bernstein (Eastgate Systems, Inc.), the developer of Tinderbox. The focus of Mark’s blog is on the mapping features and uses of Tinderbox (which are incorporated in Summary Judgment™) for analyzing complex fact patterns that are unfolding over time.]
Copyright © 2009 Stephen M. Winnick, Esq. All rights reserved.