Hello All,
I am finishing up my second year of practice as a lawyer. I transitioned to plaintiffs pi work from a boutique commercial litigation firm. I like the work and not having to bill. The issue I am having is managing volume. I have about 150 active files some pre-lit and the rest are in litigation. Cases range in value from very small to low six figures. I also take the driver seat for the grunt work on the firms bigger cases which are at or near 7 figure value. I constantly feel (cont.)

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I was positive I was not the only one in this boat!

Like I am behind and not pushing cases properly or aggressive enough. The volume has me putting out fires constantly and jumping from deadline to deadline. Does anyone have advice on how to manage that kind of volume and how to be aggressive on my files? I want to feel more in control.

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Delegate a bit more to the staff; Make a list of your top files and try to do 1-2 proactive items per day on a couple files (ex. Draft and set for hearing motions to compel better responses to Discovery, send out nonparty subpoenas for cell phone records, set depos, get a scheduling order entered by the Court for deadlines) The rest of the day is usually meeting deadlines or putting out fires with that kind of volume. Also, whenever you feel caught up is a bad sign that there's not enough work.

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Thanks so much. I appreciate the perspective and advice. I am definitely starting to get used to never feeling caught up.

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I feel this post. I’m at about 95 cases in litigation and I’m constantly sitting for plaintiffs depos of the partners who are “too busy” or whatever. Like - dude I’M busy!

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Do not let the best be the enemy of the good.

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Thanks! Doing my best. Will get the hang of it... eventually

What kind of support do you have? Case managers? Paralegals?

I feel for you. I used to do litigation only, and high value low volume. I’m very detailed oriented and worked a lot in each case. I now handle the cases in presuit from intake on which means I have a lot more cases. Most end up being very small or no coverage and I just have to rule out all possibilities then settle or drop. But the constant pull from one case to the other and a bunch of small problems is very stressful. I keep case lists handy with a column of notes of each case so I can tell them apart. I review them often with the assistants to keep things moving.

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How many lit files v. prelit?

So 90 files in lit is unmanageable, especially with the support you have. We have attorneys with up to 300 files, but only about 50 in lit and 2 or 3 case managers to support the pre-lit plus an assistant, a demand writing department, and a full team of investigators. I realize that’s not helpful for you, but you are being set up to fail. Having said that, organization is your only recourse. For lit: Create a spreadsheet with all your cases color coded by valuation and with the key dates in chronological order so you can see what is urgent and what is not. Close of discovery and expert disclosure date are two good benchmarks. Work your ways down that list daily to see what needs to be done to set up the case for mediation, as most of those will settle. I work with a case sheet that lays out the facts to every case with a running status so that when something comes up, I can just look at that sheet and I have all I need. It saves a ton of time. Also you need conventions for naming documents in your system so you don’t waste time looking for thing. For prelit, create a checklist for all you need to get (meds, police report, policy limit info, etc) before sending demand. Use a standard demand form that you can just plug and play and get it out as soon as you have all you need. If you want to talk more in depth on ways to thin out your caseload DM me I’m more than happy to help.

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