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Serbia Handbook for Legal Aid Providers Final

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Examples of file notes<br />

16/1/06<br />

10:00 Called client to find out whether he has a copy of the letter he wrote appealing the<br />

decision of the municipal court of Prizren rejecting his property claim. Client did not answer.<br />

(10 minutes)<br />

13:30 Called client again. Spoke to his wife who said he was away until the end of next week.<br />

(10 minutes)<br />

27/1/06<br />

11:20 Called client. He says he has a copy of the letter & will send it. (15 minutes)<br />

15/2/06<br />

16/2/06<br />

Received copy of client’s letter (copy of letter filed). Researched the relevant Law.<br />

Spoke to Sasa about whether the grounds <strong>for</strong> rejection stated in the letter fell within the<br />

applicable law. Sasa says he isn’t sure but will check with Dule. (2 hours)<br />

Asked Sasa if he has checked the applicable law with Dule. Sasa sent email (copy<br />

filed). Dule thinks that there needs to be more proof of the ground <strong>for</strong> rejection <strong>for</strong> it to fall<br />

within the applicable law. (1 hour)<br />

File folders should be organized in a manner that makes them easy to find. The name of<br />

the client along with the case number must be on the file folder. All documents related to the<br />

case should be kept in the folder in an organized, uni<strong>for</strong>m fashion. This eases the review<br />

process of files and transition from one lawyer to another and also during transition of legal<br />

aid to its successor organization.<br />

For in<strong>for</strong>mation/advice cases there should be a separate binder(s) containing all such<br />

cases. The binder should be clearly marked and indexed with the names and case numbers<br />

of each case. For other cases, which are much larger, the case folders must be clearly<br />

labelled on the front of the file and stored in successive order by case number. This helps in<br />

review of the completeness of the casework and that all cases are accounted.<br />

“Bates Stamping”<br />

A common method of securing and keeping track of documents that are submitted during<br />

litigation is by using a “Bates” method of numbering documents. This means that each<br />

page submitted by the claimant is stamped with successive numbers which the<br />

registry/clerk of that court certifies that each page has been received. A copy of what was<br />

submitted is saved by the legal aid office, either electronically or physically. This practice<br />

is especially invaluable in post conflict courts, where there is serious concern by<br />

claimants and even international observers in the quality of the judiciary.<br />

Some office supply stores sell stamps that rise in subsequent numbers automatically,<br />

however if that is not an option it may be prudent <strong>for</strong> the legal officer or assistant, if<br />

available, to number each page by hand. If any documents happen to unexpectedly<br />

disappear then the claimant has proof of which documents were submitted.<br />

36

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