1. 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

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

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

4. Getting the Business
Tips for Winning the RFP

5. 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

6. 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!

7. Managing Discovery
Becoming Indispensible

8. 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

9. Overview of E-Discovery
SOURCE: EDRM,

10. 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!

11. Best Practices: Document Review Team
ABA Opinion
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”

12. 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)

13. Best Practices: Email Communication

14. Pre-Trial and Trial Strategy
Communication is Key

15. 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?

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

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

18. After the Litigation
Relationships are a Contact Sport

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