The Ottinger Firm focuses on winning cases for companies, executives and employees. We provide personal service and solid legal solutions. The depth of those solutions is grounded in legal expertise, knowledge and a firm commitment to client service.

Based upon our own experience, and studying the techniques of other top law firms, we have developed a system for handling cases. These techniques have proven to expedite and streamline litigation, even in the face of opposition.

Each case is handled from beginning to end by a trial team. The team will consist of a lead lawyer, a second lawyer, a legal assistant and outside counsel as needed. The client is part of the team. In order to maximize efficiency, we adhere to a one-lawyer-one task rule.

The lead lawyer manages case preparation by use of a task assignment memo, and a weekly team meeting or conference call. The trial team, client and outside counsel participate in this call. Task assignment memo specifies the responsible team member and the due date.

These weekly conferences are necessary for effective communication and to avoid duplication of effort. But they are wasteful if the same message must be repeated. By focusing all interoffice communication into a regularly scheduled meeting or conference call, unnecessary discussion among team members at other times can be avoided. This also allows outside counsel and the client and all others who are invited to participate to keep up to date.

All correspondence coming into the office is routed to the team via e-mail. All members of the team communicate via email.

In addition to the Task Assignment Memo discussed above, four other key documents are used 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 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 list of the documents that tell the story.

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.

When documents are provided to our firm in response to a discovery request, three copies are made. Once the documents are copied, the original set of documents provided is stored in a file marked "Original" and they are not to be touched by anyone as an exact set must be preserved in the same form that it was produced. One working copy is sent to the client, and two working copies and kept in the file for firm use.

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.

1. 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.
2. 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
   • Prepare the fact chronology, document chronology, cast of characters, and tough questions and best answers memo.
   • Formal Discovery
   • Jury Simulations

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).

We videotape all depositions (other than experts). Videotaping minimizes talking by opposing counsel and enables the trial team to show the other sides key witnesses during jury simulations and to the real jury.

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. We involve our most experienced lawyers in preparation, as that 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.

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.

They are conducted early and often. They help us predict the outcome of a case, hone arguments, and focus discovery on telling a simple story to the jury. It will force us to prepare in advance and result in a crisp, quick and compelling trial.

Good relations with opposing counsel translate into all kinds of benefits for our clients and the courts. We get off to a good start by calling opposing counsel as soon as possible and introduce ourselves. We propose that each side agree on a standard set of pre-trial procedures before it is possible for either side to determine which procedures will benefit them.

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.

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.

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.
• Hourly fee: the client pays us by the hour.
• Hybrid fee: A blend of the contingent fee and hourly fee.