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Can anyone share their experience with an ESOP?
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Chief
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Chief
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Rising Star
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Totally normal. You’re in the fake-it-till-you-make-it valley. My best advice is to look at as many dockets as you can - either in your state level or on pacer. See what happened in cases with similar fact patterns. It is the best way to educate yourself on procedure and what to expect. If you’re stuck in discovery and that seems invisible on the dockets, look at motions to compel - they will attach other people’s discovery requests. Ten plus years litigating and I still find it helpful to read how other cases flowed.
Thanks! This is really practical and helpful—I intend to implement your advice.
Chief
It’s important to understand the flow of the case and what needs to be done. 99% of cases follow the same basic pattern. Not to get too basic on you, but the case is filed and there’s a motion to dismiss or an answer. Unless discovery is stayed, there’s usually a discovery conference setting a schedule. You have various discovery tools, like weapons in an arsenal. But before you use them, you need to figure out what facts you need to prove your claims, disprove the other side’s case, impeach witnesses, etc. Use that information to formulate discovery requests. Be strategic. Don’t just ask for everything under the sun. Also, for the love of all that’s holy, make sure your clients have sent a hold notice at the beginning of the case (if not earlier, assuming you’re plaintiff).
Once you get responses to requests, read them. Are you getting what you need? If not, does it matter? If it does, follow up. Don’t be a discovery lawyer sending nonsensical letters about every stupid document that might exist. The 3 millionth piece of paper in response to RFP number 48 is highly unlikely to crack the case. Figure out what matters and make sure you have that info. Get info ready for depositions and nail down info or positions, or impeach/set up witnesses as appropriate. If there’s experts, figure out what you need and work on identifying the experts and preparing the reports.
As discovery progresses, figure out if there’s SJ motions you can file. Don’t just file for the sake of billing hours. Prepare the motion ahead of time and really think it through. Also, is the case likely to go to trial? Have you got the info you need for trial? Keep a trial outline as you go of documents, admissions, etc.
Keep track of trial deadlines and review as you get close to the end of discovery. Do you want a jury? Have you made a demand? Make a list of trial deliverables and figure out when they’re due and who’s responsible for what, etc.
That’s a basic outline. It’s missing stuff but you get the idea. Figure out where you are in the case, what needs to be done, and get it done. 90% of litigation is just keeping the trains moving. Your seniors know you are new so get advice from them about substantive issues but always try to come up with your own suggestions on what might work. At the end of the day, it’s just arguing with people, not rocket science. Keep a cool head and don’t get too high or too low. Enjoy.
Rising Star
I’d be more focused on what goals you have legally, professionally, or with case management skills. If you feel like you’re lacking in an area make goals that focus on achieving some of the areas you want to grow in (make them manageable goals too).
It’s hard to say what partners want, but they do want initiative. Take control of your career and let the firm benefit from it
Rising Star
So for goals I always suggest three things: experience growth, networking growth, and writing growth. So depending on your field and location, I’d focus on that.
For me (entering my 4th year in insurance defense) my experience goals are to do more depositions and arbitrations (it would be trials but CoVid). For networking it’s joining the NYS Trial Academy. For writing purposes it’s reading books to be a better writer and write more motions (discovery or SJMs).
A goal can be getting to know more people in your office, to second seating a trial or not having hours cut if you have billable hours. Take areas where you think you need growth and make steps to get there! Life is a marathon not a sprint but every step counts