should be tested and tied to specific evidence and witnesses. Compile issue and
witness memoranda into a case analysis
to show your client the best options, and
likely outcome, at trial.
Prepare for trial. Prepare trial note-
books and a thumb drive containing ev-
ery document you need to refer to during
trial, including a list of admitted exhibits,
trial notes, and electronic copies of exhib-
its themselves. Even if you use physical
documents, because the computer docu-
ments are searchable, the thumb drive
will allow you to quickly locate exhibits or
relevant passages. Also compile a search-
able exhibit list — a multifariously useful
tool when you need to find or identify an
exhibit in a hurry.
Substantive review only gets going
later in this workflow — with big cases,
investing time up front to put a good infrastructure in place really pays off.
A lot of legal technology focuses on
making your practice leaner — going
paperless or using cloud technology
instead of buying software and storage
drives. But technology like discovery
databases can also make your practice
much bigger where it counts: your ca-
pacity to effectively handle cases for
your clients. By giving you a better
way to review discovery than rifling
through boxes and boxes of documents,
it might also improve your view. NWL
the accused at
Before getting into the law, he ran
a restaurant with his wife. He kind
of misses all those boxes now that
they’re gone. He can be reached at
1. The results of the survey, conducted by the
WSBA Task Force on the Escalating Costs of
Civil Litigation, have not yet been published.
2. The term comes from the National Institute
for Standards and Technology (NIST). “
De-nisting” involves comparing the digital
profile of files to a list of profiles of common
noise files compiled by the NIST.
We would appreciate the opportunity to
work with you to help your client.
See? It is better when the sun’s out.