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& Defense Litigation Paralegal |
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Susan G. Ippoliti is litigation paralegal with the law firm of Harter, Secrest
& Emery LLP in Rochester, New York. She graduated from St. John Fisher
College in Rochester in May of 1997 with a Bachelor of Arts Degree in Political
Science. |
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Her work experience includes plaintiff and defense litigation in areas such as
products liability, architectural design and construction malpractice, trade
secrets misappropriation, professional liability, intellectual property,
asbestos litigation, personal injury, medical malpractice, employment
discrimination and insurance defense. |
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Susan is the Vice President and Director of Membership for the National
Federation of Paralegal Associations, Inc (NFPA) and currently serves on its
Marketing Committee. She has previously served as the Regulation Review
Coordinator and Special Research Coordinator for NFPA. |
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| She has also been a proud member of Paralegal Association of Rochester, Inc.
(PAR) since 1998. Susan has enjoyed serving her association and the profession
in such capacities as Vice President of National Affairs, Vice President of
Professional Development, Chairwoman of the Empire State Alliance of Paralegal
Associations, Member of the New York State Bar Association Law Practice
Management Committee, and NFPA Fall 2001 Convention Host Coordinator. She has
also served the Italian-American Community Center (IACC) in Rochester, New York
as its Second Vice President and has been a member of the IACC since 1997. |
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Susan has been a guest speaker on such topics as ethical dilemmas facing
today’s paralegals, electronic filing in the district courts, media relations,
running effective meetings, vendor selection, working with in-house counsel,
legal drafting and regulation. She has also been invited to speak at several
colleges and universities in Upstate New York, which offer paralegal programs.
Her presentations to students include such topics as experiences as a
litigation paralegal, how to draft pleadings and proper methods of
communication in the work place. |
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Being a Case Manager – Take the
Ball and Run |
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by
Susan Ippoliti |
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As litigation paralegals a case manager has significant responsibility. We all
have different work styles, depending on the type of cases we manage, but
generally, the responsibilities of case management are similar. On a typical
day an attorney may call you into his or her office, inform you that your
client has been served with a complaint hands it to you and proceeds to give
you the case background. It is at that moment, that the attorney has allowed
you ownership of the file. The first immediate steps are to respond with an
answer and issue discovery demands, bill of particulars, medical records if it
is a personal injury matter and most likely, a notice of deposition. Rule of
thumb – always make sure that you are not the party with the “To do list.” |
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It is likely that the plaintiff’s attorney will respond with demands for
discovery on your client before they even respond to your demands. Now the
attorney comes to you, hands you the discovery demands and requests that you
answer them. This is your opportunity to contact the client, introduce
yourself, and go through the status of the matter. First, however, check the
file to see what documents your office may already have and anticipate what you
might need. Another important aspect is to review every inch of the redwell and
read the discovery demands and complaint from cover to cover so you know
exactly what you are talking about. If there are still unclear points, talk
with your responsible attorney about the aspects of the case, what the client
is like, if you don’t already know, who the points of contact are, and how much
initial work should you be doing. This phone call with the client is an
opportunity not only to request information responsive to the demands but also,
to assure the client you are actively pursuing their matter as well as caring
for it in the best possible way. Be aware, however, when a “legal advice”
situation presents itself, you immediately turn the conversation over to the
attorney handling the matter. Do not put yourself in a position to commit
unlicensed practice of law (UPL). A good paralegal will know where to draw the
line. |
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You should also be well aware of the calendar. When a deposition date or
pre-trial approaches, or any date for that matter, ask attorney what he or she
may need to prepare. Review the status of the matter with the attorney on a
regular basis. Take initiative. If you know your matter is headed to trial, you
should prepare well in advance of the jury selection. Be certain you have all
circum vitas (CV’s) of any expert witnesses, guarantee you have all deposition
transcripts, confirm that you have received all medical records, and be certain
there is no outstanding discovery. Know well in advance what the attorney’s
needs might be…this is a learned quality that develops as you work with the
same person. |
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In a perfect world, every matter we handle as litigation paralegals would go as
well as what I have described above. As you are well aware, we do not live in a
perfect world. The nitty-gritty and highly challenging world of litigation
usually revolves around a multi-million dollar lawsuit. These are the cases
that often start well before the action is even commenced if you are the
plaintiff, and immediately upon service of the complaint if you are the
defendant. Multi-million dollar litigations are usually handled by more than
one attorney – realistically a partner and senior associate, and these are the
cases that keep you lying awake at night or force you awake in cold sweats.
These cases are typically document intensive, involve massive discovery
(electronic or paper), and consist of daily meetings and/or conference calls
with the client, partner, associate and you. This is when your fabulous
management skills are more valuable than ever. The team is giving you
permission to be in control, and if you let this opportunity pass you by or you
are unsuccessful at it, you are likely to run the risk of never getting another
chance at it again. |
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When discovery commences, the documents flow in. For example, 30,000 documents
will need to be reviewed for relevance and attorney/client privilege. You may
find yourself needing to perform redactions, overseeing the scanning of
documents into a database, provide a document summary, drafting a privilege log
and any other possibilities you can think of. As the case manager, when this
scenario presents itself, you need to assess your situation. The attorneys and
client are now turning to you for advice on how to manage all of this paper. |
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First and foremost, reevaluate your litigation support team and analyze whether
or not you need to recruit more assistance. It is likely that you can determine
an immediate need for extra hands at the onset. Discuss the situation with your
team and evaluate the potential to recruit in-house or hire temporary support.
If there is availability from within, this is the route you should go. Your
in-house support is likely familiar with the inner workings of your firm, the
attorneys, paralegals and other staff members and can probably devote more time
to you than an outside source. |
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Now that your team has been built, an even bigger need arises to find the right
service provider to assist you with your project. For example, you may need
copying and/or scanning services. Attorneys do not typically like to be
bothered with these sorts of details and instead rely entirely on the paralegal
to take the assignment and run. You probably know of a service you would
normally utilize for this project. However, before you commit to that provider,
there are several issues to consider, starting with the cost. |
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A good case manager and legal team, must always bear in mind the clients’ needs
and financial capabilities. These projects are never cheap and the client
should be well aware that money would have to be spent to make this happen. In
order to find the best possible service for your client, make a good faith
effort to have more than one option available for consideration. Most large
firms also have an in-house copy center that may be able to assist with this
type of undertaking. If your worst-case scenario is that you do not have
in-house capabilities and you do not know of an outside source, then you need
to do some research. In addition, ask your colleagues if they are familiar with
a vendor who offers these types of services. |
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If you are scanning your documents, they are likely getting scanned into a
database and will require manual input of certain data or information to
generate reports, summaries, and/or privilege logs. This electronic document
retention will alleviate the need for a tremendous amount of file space to
accommodate the paper you have accumulated. The database has now become the
center of your universe. While this is an extremely efficient tool, you have to
anticipate problems that could occur. Unfortunately, some attorneys, especially
those who are more traditional, fear this type of document management, and with
good reason. Some attorneys are just simply not as technologically advanced as
we would like them to be. I cannot say that I blame them. I have felt those
moments of sheer panic when I have forgotten to save my last 50 entries in my
database and suddenly the network throws a tantrum. As wonderful as modern
technology can be, it is never 100% efficient or reliable, so whatever
electronic form your documents take, be certain to have a backup plan if your
system crashes. You have to anticipate what could go wrong and as the case
manager, you will be expected to perform even when the network does not. |
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Your client should be well aware of everything that is proceeding with their
matter. Clients hate surprises, especially when they are the ones forking over
the big bucks in attorneys’ fees. If you are handling multiple (5 or more)
matters at a time for the same client, consider what may be the most efficient
means of updating them on the status of each case. Copying the client in on
correspondence and memorandums is a quick way to update them on one particular
matter. Email is a great tool, but it is overused and often times abused. It
also has no tone and the professionalism can get lost. Providing a written
monthly report on all matters you are handling for this client will go the
extra mile and keep them apprised of the most recent developments. I handle
over 1000 asbestos actions all over New York State. We have an asbestos team
consisting of four attorneys, one paralegal (myself), and one records
management clerk. I compile a monthly report to National Counsel with the input
of other attorneys. Because I am the “asbestos case manager,” I am well aware
of what is happening in each and every one of my cases. However, I would never
depend solely on my own knowledge to assemble the monthly report. No matter how
much I try to communicate with attorneys and no matter how often I think I am
in the loop, there is always a pre-trial, deposition or settlement negotiation
taking place that I am unaware of, thus, the need for attorney input. Reports
and updates should also be signed by the billing or senior partner responsible
for the client. |
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The most important aspect to remember as a case manager is that when the going
gets rough, take a step back, close your eyes and breathe deep. It’s not as bad
as it seems. Stay in control. When the attorney panics, he or she will turn to
you to reassure them that everything is in its place. One paralegal’s
organization is another attorney’s saving grace. Attorneys prefer to practice
law rather than perform the administrative duties that keep the ball rolling.
Just reassure them that everything is under control, and they will appreciate
the work that you do, and the leadership you bring to the team.
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