Women in Products Liability 2016 Annual Regional CLE November 3, 2016 From the Inside Out: Strategies for Making an Impression Before, During, and After a Case Women in Products Liability 2016 Annual Regional CLE November 3, 2016

Agenda Getting the Business Managing Discovery Pre-Trial and Trial Tactics Maintaining Long Term Relationships

Meet Our Panel Michelle Ramirez Sarah Heineman Sidley Austin, LLP Bayer Corporation Michelle Ramirez Sidley Austin, LLP Lara White Adams and Reese, LLP

Getting the Business Tips for Winning the RFP

The Business of Law Challenges of RFPs To bid or not to bid? Strong client relationship? Competitive advantage? Skills and resources available? Develop an RFP response process

Tips for Winning the RFP Find a relationship Pre-work Know the client Package your expertise Build a winning team Highlight the legal strategy Concrete budgets Debrief, debrief, debrief!

Managing Discovery Becoming Indispensible

Overview of E-Discovery Document preservation “Reasonably anticipated” Document preservation hold notice Document collection Plan for production Document review Keyword searches and predictive coding Instructions Key/Hot documents

Overview of E-Discovery SOURCE: EDRM, http://www.edrm.net/resources/edrm-stages-explained

Best Practices: Make Documents Work For You Stay organized Use attorney notes field Tag documents Organizational tools Key or Hot documents Discuss privilege with team and client Ask questions!

Best Practices: Document Review Team ABA Opinion 88-356 Closely supervise the work of contract attorneys Model Rule of Ethics 5.1(b) “A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct” Model Rule of Ethics 5.3(b) “[M]ake reasonable efforts to ensure that the [contract attorney’s] conduct is compatible with the professional obligations of the lawyer”

Best Practices: Maintaining the Privilege Educate non-lawyers about privilege Use reminders: “Privileged: Do Not Forward” Set parameters and rules early Model the proper conduct in communicating with third parties (bankers, consultants, experts)

Best Practices: Email Communication

Pre-Trial and Trial Strategy Communication is Key

Communicating Ethically Model Rule of Professional Conduct 1.4(a)(1) Promptly inform client of any decision or circumstance that requires informed consent Model Rule of Professional Conduct 1.4(a); 1.0(h) Reasonably consult with client Promptly respond to reasonable requests for information Model Rule of Professional Conduct 1.0(e): What does informed consent mean?

Deposition Preparation Organization Key documents Stick to a schedule Know the client Practice makes perfect Draft a direct Debrief

Trial Preparation Post-discovery case assessment Trial plan Budgeting for trial

After the Litigation Relationships are a Contact Sport

Good Communication Matters Demonstrating care in client relationship Build trust and loyalty Key considerations Timely Practical Concise