Motion to Stand Out:
How to Look Like a Pro When You Try Your First Case and Not a Fumbler
Bumbler
By Melissa Katz
McGavin, Boyce, Bardot, Thorsen & Katz, P.C.
Introduction: Your First Case Is a Big
Deal
Congratulations! You have just been assigned your very
first case as a civil defense attorney. Whether it is in General District Court
or Circuit Court, it feels like a milestone - because it is. The file has
landed on your desk, the carrier is expecting you to handle it professionally,
and the client is depending on you. So, what’s next?
Here’s your step-by-step roadmap to starting strong, earning trust, and setting
yourself up for success.
Step
1: Pick Up the File and Take Inventory
Start with the basics:
- Review the pleadings and file materials. Make sure you know who is suing
whom, for what, and in which court. Check to make sure venue is proper and the
case was filed within the statute of limitations.
- Calendar all deadlines immediately. Return date, responsive pleading
deadlines - missing one is a rookie mistake you cannot afford.
When you go to the first return, ask for a Bill of Particulars. The plaintiff
will likely respond by asking for an Answer and Grounds of Defense. Diary these
dates carefully. If you fail to file your Answer and Grounds of Defense on
time, you risk a summary judgment against your client. (Rule 7B:2).
Step 2: Make Contact — Fast
Imagine being sued.
It is stressful, even scary. Your job is to reassure and inform your client.
- Email or call your client promptly. Let them know you have been retained,
that you are on top of things, and that you will be in touch to discuss the
details of the case. Let them know that
you will be at the return date and they don’t have to appear. Find out if they have any avoid dates for
trial.
- Send a formal representation letter. Include a reminder about the duty to
cooperate, the importance of preserving evidence, and your availability to
discuss the litigation process and what they can expect.
Step 3: Loop In
the Adjuster
Insurance adjusters are your partners in this process.
- Send an email introducing yourself. Always include the claim number in the
subject line and confirm that you have either received all available file
materials or that you need them.
- Ask for what you need. Policies, prior claims, recorded statements --get them
early. Prepare an initial report after you review the file materials and talk
to your client. What are the issues? Is early resolution feasible?
- Follow the company’s reporting guidelines. Reporting frequency, budgets, and
authority requests should all be followed to the letter including a timely
pretrial report.
Step 4: Build Your Case Strategy Early
Early evaluation is key:
- Liability: Meet with your client, assess credibility, identify witnesses.
Subpoena police reports and any bodycam footage if it is a motor vehicle case.
- Damages: Subpoena the plaintiff’s exhibits to include medical records, bills,
photos, videos and/or lost wage documentation early so you aren’t scrambling on
the eve of trial. Send a subpoena
request to plaintiff’s counsel for this information. (Va. Code § 16.1-89).
- Coverage: Check policy limits and flag any potential coverage issues. If
liability is adverse and exposure exceeds coverage, recommend early settlement
discussions. Protect your client!
Step 5: Know the Rules and the Law Cold
General District Court has its own rules and quirks.
Be familiar with them before your first hearing:
- Know the statutes that govern General District Court practice and always have
a copy in your trial notebook. (Va. Code§
8.01-416 (Affidavit
re: damages to motor vehicle); Va. Code § 16.1-88.2 (Evidence of medical reports); Va. Code § 8.01-413.01(Authenticity
and reasonableness of medical bills)).
Step 6: Prepare for Trial Like a Pro
Even if most cases
settle, always prepare as if you are going to trial.
- Build a trial notebook (openings, witness outlines, exhibits, subpoenas,
relevant statutes and case law and rules of evidence). Bring copies of your
exhibits for the other side and judge.
Consider enlarging exhibits if the court doesn’t have courtroom
technology.
- Consider hiring a court reporter - it can protect your record on appeal.
- Review the Rules of Evidence and have them handy too.
- Serve subpoenas early and track compliance.
Remember: both sides can appeal from General District
Court to Circuit Court, but there are rules about notices of appeal and posting
bonds that must be followed carefully.
Step 7: Protect the Defendant
Your ultimate duty is to your client - the person
being sued.
- Report accurately to the carrier, but remember you represent the insured.
- Protect them from excess verdicts when policy limits are low.
- Communicate with them in plain English (i.e. layman’s terms) and keep them
engaged in the process. If you have a
squirrelly client or someone you suspect may not show up – subpoena them for
trial. Send them a courtesy witness
subpoena and advise them that it protects your ability to request a continuance
should something unforeseeable occur – (like your client not showing up for
court!)
Closing: Enjoy the Ride
Your first case is an incredible learning experience.
Embrace it. The more comfortable you become in General District Court, the
better you will be in Circuit Court and beyond. These cases are your training
ground - so dive in, ask questions, and build your confidence as a trial lawyer.
