Databases have several important uses in the management of your case and law firm administrative matters. Databases can control, in structured manner, case and law office information. Once stored, the information can be retrieved, organized, placed in report or chart format, and used and reused in any manner that is important to you and your firm.

Litigation Management. Organization and retrieval of facts, and documents, and their relation to the issues and witnesses of a case, can become a major headache for trial attorneys and can take valuable time away from developing proper strategies for trial preparation and presentation. Many attorneys voice their concerns over their factual material and repeatedly say that, “We need a system to index evidence. . . We need a system to produce a chronological report of the important evidence in this case . . .We need a system to list the trial exhibits in an upcoming case . . . We need a system to disclose with which documents witness Smith is linked.”

One widely used solution relating to their concerns is creating computer databases to control and organize documents, persons connected with documents and the legal issues that pertain to those documents. The purpose is to establish a computerized and controlled central collection of evidence and documents relevant to the case.

Will creation of databases linked to electronic images produce a better quality and less expensive product for the benefit of the trial lawyer and client? The old manual methods are too time-consuming, inefficient, and costly for adequate case preparation. No amount of clerks can find the answer in several thousand documents in a timely, meaningful way.

The law school teaching methodology of analyzing cases by identifying the legal elements and factual propositions of a case, and then identifying the witness testimony and documents that are connected to those legal elements can now be transferred to a computer. Your work product and analysis can be preserved and the reliance upon the human memory can be decreased. As the facts and documents of a case grow, your ability to handle complex litigation with minimal resources will increase.

Databases are not intended to serve merely as substitute storage for the massive volume of documentary data, but to manage the documents and have quick access to valuable information during any phase of litigation. Having this information available in this format will give you the capability to quickly locate, update, cross-reference, and reprint the document information in your case. Your valuable time can then be spent in analyzing your case for factual patterns that support your legal position.

Document Control Database.

One of the most widely used applications for databases is controlling document information in your cases. Once you enter the dates of documents in the document date field, you can then retrieve all documents connected to a specific date or prepare a chronological date report of all the documents in the database. This information is extremely important in order for you to “analyze” the significant facts relevant to a case.

For example, this is a chronology report referencing contract documents in a particular case.

After properly structuring a document database with certain fields, the following reports can be easily generated to assist in the administration and case management of your cases:

Discovery

• Were particular documents disclosed to opposing counsel and when?
• Which documents are protected from disclosure because of privileged or confidential communication?
• Are there any missing pages or illegible parts of documents that were produced?
• Which documents should be disclosed to the opposing parties’ request to produce that pertains to the contract and modifications thereto?
• Chronological reports of the dates of the documents.
• Documents sorted by document type, such as doctor’s orders, lab records, and so on.

Depositions

• Locate all documents that are connected in any way to a witness who will be deposed.
• Locate any person who has testified concerning a certain document.
• For which documents do I need a foundation that can be provided in a particular deposition?

Motions

• Which documents are available to support a motion for summary judgment, contending that the defendant did not control the actions of an independent contractor?
• Which documents are available to support pretrial memorandum on whether the plaintiff breached his contractual obligation to pay for the products as delivered?

Trial

• List documents in support of major legal and factual contentions for one’s opening statement.
• Generate lists of which witness will introduce specific documents, chronological list of all documents, author/addressee listing, and opposing counsel’s list of document exhibits.
• Obtain a list of documents connected to each witness for direct or cross-examination.

Other uses of databases include:

• Correspondence, Pleadings and Docket case tracking.
• Marketing - mailing lists, prospects names, client information, lawyer biographies, marketing activities, referral sources, revenue information by client, marketing plans, activities and results.
• Conflict of interest checking.
• Coding a jury database prior to and during trial enables you to assist in selecting jurors.