ARTICLE:

Liability of Corporate Officers
by EDWARD LOWRY

APPENDIX A

Opening Files.

1.. Sub-files to be opened for each litigation matter:

A) Correspondence: Should contain all correspondence except correspondence dated prior to the date our representation began, in reverse chronological order.

1) Correspondence preceding the date our representation began should be placed in the documents file unless otherwise directed.

b) Please be sure to insert each item in its proper place!

c) Certain correspondence dated after the date our representation began, such as expert reports, may be designated by the attorneys for inclusion in the documents file.

2) Research: All research notes, copies of cases, statutes, articles, etc. are to be kept here.

a) Legal memoranda filed with a court should be kept in the pleadings file and/or a pleadings sub-file labeled "Legal Memoranda."

3) Handwritten Notes And Internal (non-legal) Memoranda:

4) Pleadings:

a) All pleadings, including praecipes, legal memoranda and briefs, and opinions issued in the case by the trial court and any appellate courts should be kept here in reverse chronological order, and should be indexed in the front of the file.

b) You may want to use subfiles for discovery and legal memoranda.

c) Please file and keep pleadings in their proper order!

d) The descriptions used in the index should be sufficient to let the reader know what the nature of the content is. Eg., "Order overruling Demurrer" and "Order Denying Plaintiff's Motion in Limine" not just "Order"; or "Plaintiff's Motion for Leave to Amend" not just "Motion".

e) The description should also identify which party filed the pleading.

5) Documents: Generally to be filed in accordion files, numbered, separated by tabs and indexed as they are received rather than in any particular order.

a) The index should be formatted in columns labeled from left to right. Set left/right margins at 0.5"/0.5", and tabs at 0", 0.5", 1.2", 2.5" and 7". Use the following column headings:

"Document Number" (with documents to be numbered serially as they are indexed)

"Source" (giving the initials of each person or entity providing us with a copy of the document); it should also be noted whether documents were part of a document production (e.g., a document which was part of the Plaintiff's Second Production of Documents should have a Source listing of "P-2P")

"Description" (with sufficient description to identify the document and the subject matter of its content); at end of description, identify the Bates numbers corresponding with each tabbed document (see below)

"Date" (being the date shown on the document. If no date is shown you should show the date the document is believed to have been produced or state "no date")

b) Each page of each document should be Bates stamped with the numbers running consecutively from the first page of the first document through the last page of the last document. Do not begin at page 1 again for each document. These Bates stamp numbers should be reflected in the "Description" section of the Master Document Index.

c) The master document index should be prepared in a WordPerfect format in such a manner as to make it possible for it to be automatically sorted by date.

d) In addition to the master document index which shows the documents in numerical order as received, a chronological index should be periodically printed out. A chronological index can easily be created from the master index by using the Sort function in WordPerfect.

e) It may also be useful in cases involving multiple issues to create topical indices. These indices make preparing briefs and gearing up for depositions and trial easier by providing lists of documents clustered around the central issues in the case. Place copies of all topical indices in the front of the document file(s) with the numerical and chronological indices.

f) A second complete set of all documents, with number tabs and dividers, should be kept in notebooks to be used as working copies.

6) Depositions - Should contain all depositions and summaries.

7) Miscellaneous - Should contain any materials which do not fit into the other file categories.

8) Notes For Trial and Discovery - A convenient place to collect notes for items which should be remembered for discovery and trial.

9)Things To Do - Should contain reminders and lists of things which need to be done.

2. Preserving Documents.

A. The documents file should contain our best and most original copy of each document as well as samples of any variations (as where someone has made notes on the face of the document).

B. On the front of each document, in the lower right hand corner, should be placed the Bates stamp number. Where there are variations of a document, each variation should receive a separate Bates stamp number.

C. Documents should only be removed from the master documents file long enough to be read or copied. If you wish to prepare a working file with certain documents in them, the documents should be copied and the original immediately returned to the master documents file.

3. Documents Used As Exhibits In Depositions, Hearings or Trial. A complete list and set of all exhibits used with a witnesses testimony on any of these occasions should be kept in a separate file or envelope, appropriately labeled.

4. Documents Produced By Or To Other Parties. A complete list and set of copies of all documents produced by or to other parties should be kept in a separate file or envelope, appropriately labeled. In addition, the original or best copy of each document should be placed in the master documents file and indexed. The source of each document produced in discovery should also be indicated in the "Source" listing of the master documents index (e.g., a document produced as a part of Plaintiff's Second Production would have a "Source" listing of "P-2P").