The Ottinger Firm focuses on winning cases. Based upon our own experience, and studying the techniques of other top law firms, we have developed a system for handling cases.
1. Case Management
We manage case preparation by using a project managment tool called Basecamp and a weekly case meeting or conference call. The team, client and outside counsel participate in this call. Task assignments are made on Basecamp and each task specifies the responsible team member and the due date.
These weekly conferences are necessary for effective communication and it avoids duplication of effort. By focusing all communication into a regularly scheduled weekly case meeting, unnecessary discussion among the team and client can be avoided.
All key documents concerning the case are posted on Basecamp and the team and client are notified each time a document is posted. Communications about the case also takes place on the Basecamp message tool. This helps organize communication and keeps everyone up to date.
2. Case Organization
In addition to the Task Assignments on Basecamp, we rely on four key documents to organize and drive cases:
A. The Fact Chronology This is a written chronology of events. It is an annotated narrative of what happened. It is the most important trial preparation work product, along with the hot document chronology, and it is updated frequently.
B. The Cast of Characters This is a list of key people who will tell the story.
C. The Hot Document Chronology This is a chronological list of the key documents that tell the story. This and the fact chronology are the most important parts of case preparation.
D. Tough Questions and Best Answers This document identifies the 10 - 20 most difficult questions facing our client and the best way to handle those problems.
3. Document Organization
Hot Documents
A member of the trial team will review a working copy of the documents and extract any "hot" documents. Hot documents are documents that have strong evidentiary value and ones that will be used to prepare witnesses, take depositions and introduced at trial. Once the Hot Document Chronology is created, The Fact Chronology will be prepared.
4. Trial Preparation and Discovery
- Less is best. We do not engage in excessive discovery. It removes the element of surprise by forcing the opposing lawyers to prepare. It also distracts us from our goal of winning the trial. Discovery does not win trials.
- Minimal discovery does not mean being ill prepared - it means preparing through means other than formal discovery. Instead we prepare as follows:
- Thoroughly interview witnesses
- Organize documents and information chronologically to see the complete picture.
- Formal Discovery
5. Depositions
We minimize the number of depositions and keep them short. We only cover the major issues and do not challenge the witness during a deposition (that is saved for trial).
Witness Preparation
There is no such thing as a bad witness, only one who has been ill-prepared. Witnesses learn by doing. Therefore we cross-examine our own witnesses as part of their preparation. If a witness is well prepared, there is nothing to do during the deposition but sit back and listen. Preparation is the most important part of the deposition.
Most lawyers do not question their own witnesses at their deposition. But we ask our own witnesses questions at their deposition. We elicit all the favorable testimony we can - just as if they were at trial. This way the record is full of strong support testimony that can be used at trial or to defend a motion.
6. Discovery Disputes
We try to take discovery by agreement. We avoid wrangling over discovery.
Our rule is that a discovery dispute is taken to court only when the evidence at issue is needed to win the case. The small victories that are won in routine discovery disputes do not compensate for the expense and loss of credibility or the waste of the court's time.
7. Relations with Opposing Counsel
Good relations with opposing counsel translate into all kinds of benefits for our clients and the courts. Litigating by agreement is best for both sides. We get off to a good start by calling opposing counsel as soon as possible and introduce ourselves.
Some lawyers see cost and delay as in their interest and attempt to provoke disputes in the hope of wearing their opponents out, creating delays or forcing errors. The best way to deal with this type of behavior is to ignore it. We never under any circumstance attack the other side even if they deserve it. It will only delay and distract the case.
8. Trial
The best theory will tell a simple story and appeal to everyone's sense of fairness. It will be compelling and simple. Even the most complex cases can be broken down into a simple story.
The theory should not ask jurors to step outside of what they are comfortable believing. If you ask jurors to reach beyond their comfort zone you will lose. Complex and novel arguments rarely bear fruit. We keep it simple.
11. Flexible Fee Schedule
The Firm has three billing options:
- Contingent fee: the client does not pay a legal fee until the case is resolved. The fee is a percentage of the amount recovered.
- Flat Fee: We agree on a set fee for each project or phase of the case.
- Hourly fee: the client pays us by the hour.
- Hybrid fees: A blend of above.