Another look into the life of working in a Plaintiff Attorney's Law Office!

I'm in my second month of my internship in a Plaintiff's Personal Injury and Wrongful Death Law Office.

During this month, I have been working with he attorney in preparing an initial disclosure statement for a wrongful death case in which we have named a second Defendant. We have also prepared a supplemental disclosure statement for both of the Defendants. In addition, both the Plaintiff’s attorney and the Defense attorneys are putting together a stipulation for scheduling. Moreover, the attorney has met with doctors in order to decide whom he will use to testify in this particular case. We have spent time studying and reviewing the medical records continuously for preciseness.

A Plaintiff’s initial disclosure statement includes the witnesses, experts, exhibits, and evidence that the Plaintiff’s attorney is planning to use in the case. The Plaintiff has the burden of proof throughout the majority of the case. In the initial disclosure statement, we included all of the facts of the case, each lay and expert witness, depositions, and the important documents were attached to the initial disclosure statement as exhibits.

This initial disclosure statement with all of the exhibits (evidence) attached was probably over 1,000 pages just to give you a rough idea about how long it takes to actually put it together and make copies for the other attorneys.

After or during the time we spend finishng exchanging the initial disclosure statement with the exhibits, which we are still in the process of doing, supplemental disclosure statements will begin by both the Plaintiffs and Defendants. These supplemental statements include submitting more discovery and disclosure of witnesses and documents to each side. There is continual disclosure of new experts, evidence, discovery, and exhibits; therefore, we continuously prepare supplemental disclosure statements until the last day of discovery and disclosure of the case.

In order to keep a case on a steady track through the court system, the attorneys are suppose to work together on a stipulation of scheduling for which they will decide the deadlines for disclosures, depositions, discovery, and experts. In addition, the attorneys state, in the stipulation, when they expect to be finished with all of these things so that the court can set a trial date for the case. Personally, I find it interesting that the attorneys work on scheduling together professionally; however, sometimes it is with difficulty because of conflicting schedules. This stipulation for scheduling enables the case to move forward with the attorneys in agreement about deadlines if, after submitted, the court agrees with the proposed stipulation.

Throughout a case such as the one we are currently working on, the Plaintiff’s attorney will normally have meetings with the doctors that they want to testify in the case. During these meetings, the attorney speaks privately with the doctor about the case, gives the doctor medical records to review and asks the doctor his expert opinion based on his work with the patient and the medical records.

When preparing for these meetings with doctors, the attorney and I have spent time reviewing and studying the medical records. We know to look for specific phrases and notes such as SOB (shortness of breath) when studying the records. We have spent time researching different medical conditions such as CHF (Cardiac Heart Failure), its definition, symptoms, etc. This process of learning about medical conditions is important so that you are aware of these conditions when meeting with the doctors. Then, the attorney will have some background information about the condition while the doctor gives his expert opinion. As a Plaintiff's attorney in a case like this one, you are continuously researching medical conditions, cases and more.

I am continually learning more about the skills and practices a Plaintiff's attorney uses in order to develop and settle/take a case to trial. The responsibility of the Plaintiff's attorney is immense in that he/she has the burden of proof. However, skilled attorneys have learned to work well with ideas and arguments when building their cases. They develop strategies for their case that they can use at trial if the case goes to trial.

Like I have stated previously, law may be in my future and I don't necessarily mean law enforcement, could mean lawyer, we will just have to wait and find out.

Until next time, have a wonderful day!

Stacey