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THE CLIENT FILE IT'S MORE THAN JUST A PLACE TO STICK THE INDICTMENT L aw scl~ool offem many subjects: contncts, procedure, torts, constitutional law, trial skills, and writing skills, just to name a fen,, The is not, hen-ever, a cou~se named "Paper Work" or "Organizing aFile" when, in fact, there oought to be. The chief complai~~t by clients to the grievance committee is not incompetence, but some sort of neglect bytl~e attorney TVllat is going on? nmt aftonle)s admit itwas as a lack of organization that led to the neglect. To avoid the headache of co~~stanlly smrclQ for inlporrant papels or \vo~se a grievance, apply these record-keeping tips to yaw pmtice. THE Every document the State generates, place in the file: Con(plNi~rt I~forrnfltion Indictrrre~~t O&se report or notes theref,am Accident report kh reprt A~~fop$g report ~llotiorrs ALR paperroork Corresporrde~ice Every document you generate or your client provides, place in the file: 111t1r!4e for1n Propss roles File checklist Legal ngrement ~lledical records release Discoueny Noliorrs July clllllge Releuarrt stnlrites md caseIaro Oral or ~i~riitenl StateIlIeIrts Euidmce Pre-trial releme pnpers Driwr's licemepaper~i!ork Trial brids Corresponrdenrce Every document the Court signs, place in the file: Orders on nrotions Bonds Arrtend~nter~ts to 6o11d condifio~rs Dri~'er's lice~rse s~rs~e~rsio~rs OccrrpRtion~~llice~rse or~lers Disr~issflls i'robntio~r conditions No file, no matter how straight forward the case, should be without the following documents: The Corr@lairrt The Chmgirrg i~rstr~irrrne~rt The Borrrl The Relera~rt statrrtes The Int~rhe for^ Pmgress rrotes 12 VOICE FOR THE DEFENSE W.TCDlA.COM NOVEMBER 2001
Once you have obtained these documents, the real work IS in orgilllizing them for each client. The time you spmd initially to cueate a system that will grow with your practice is weU worth the ef011. The suggestions below ait a compilation ftom crhlnal defense attorneys who dmloped systems for their puwctices tl~mugl~ many )ears of trial aud error. Client. Number Ench client sl~ould have lus own We wit11 a client number assigned. Do not use the cause number for the clietlt number as the cause 11umber may change throu@ succe&l motions to quash. ColIsider using the last two digits of the yea and anotller number based upon the order in which the client hired you. For example: The number 01- 0043 wouhl be assi&~ed to the fotzy-tl~ird client to hire you h the yea 2001. If the client is arrested OII anoll~et cl~al~e on 2002, asslgn a new numberand pull the old file for ~eference. The client number should be utilized by all stalTmembe~s to track work done and expenses, even when a flal fee is set. It Is R good idea to hxck the amount of time expe~~ded on each me to have a basis upon wluch to set fees 011 similar future cases. hlost attoune)s will set out in tlleir fee agreemeats tile momt charged for copying, facsimile, long distance, postage, over night aud couuier expenses, The newer office equipment has the capability to track these exyetlses by client number. in the event your equipment does not 11m-e a system that automatically records the client lumber, provide a 'log" by the machineaere thefollowlugin£o~mation can be recorded: date, client number, expense, and std memberk initids. At the end of the year you \will be able to how how many clients hired you that year, how long it took to resolve each case, md how many case you will cany over to the nest )vat It is recon~nlcnded to close out uses at the end of the yew. You cau place tllemin order by client munber or by alphabet. Wl~ichevcr metllad you utilize, keep record of the closed Wes' location ou n master list. Int~ke Sheet I11 the file the~e should also be an intake sheet filled out by the client. Thisdocument must mntain at least the biographical information, the case inlormation. and the contact information of the client. Wr more serieus cases, the suggeshon is to use a lengflly intake sheet that asks for cti~ninal histo~y, psycho/social history, military se~vice, employment histoq, chemical dependency histq, medical history. aud a listing of all the potential witnesses in the we. Photocopy this document on colotvd paper and place it in the same locanon of eveq file. Each time the client him )nu, have him fill out another intake fonn as the infomation ofteu changes. This is wvhetv we management sofhvalv bemmes instrumental. Once the inilial input of informattoo is complete, it can be changed as needed and printed out for the file. Progress Notes Cutate a me progress sl~eet for each We, photocopy it 011 a aclifferent color of paper and place it also in the same location of eyeryNe. The case progress sheet should have the date of any actinty done on flue me, a description of the activity, wd the srdf member's initials. All activi.ity, no matter howminor, sl~ould be recorded such that auyoue picicldug up tl~e fde is able to know the status of the rase. If you Iwe case nlanagemeut softwae, notes cm be kept electmcally. Pile Checklist. The easiest vay to ensure the work is being done ml a we is to make a cl~ecklisthat travels aroumd with the file. This documentcan be utilized to indicate the work needing to be done and the work aehlally done. The cl~eckltst at the end of this article is a good example. File Folder For smaller misden~eanor cases, you may want to use manila file folders. For DWl's, complicated ohdemeanors and felonies, use a folderwithmultiple dividm. The gene~d consensus is to always plnce the same documents in the same lomtion in evety We. This reduces the time spent looking for the client's phone number! Some attonlels even go as far as to use differeut colored paper for their inter-office documents. Pbce docun~entsinto the Rlc with the most recent papers on top. The outside of the falder can be used to show quickly-needed unformation such as the couut, came number, nest court date, and any action that needs to be t&ei~. Some attorneys have inexpensive stnrups made for tkis pu~pose. It is also strongly recammended that you use the outside of the We to display your business wd or otlte~ identify ing information and d~e words "Confidential Infomation. AttomeyKlienI Privilege" in the event the file gets left in the courtroom. Conclusion Where some of these suggestions may seem tedious, it is huportant to keep 31 nnlin ttleya1.e made to reduce themount of time and energy spent on slmftling paperwork so you can locos 011 p~wcticing Imv. After all, you went to law school and your clie~lt hired you to practice la*. fax order request to 512-469-9107 Committees are Meeting Across the State. Call Kellie at 512-478-2514 for Assistance I in your County NOVEMBER 2001 VfWW.TCDIA.COM VOICE FOR THE DEFENSE 13
Page 2 and 3: REGISTRATION INFORMATION l'lease co
Page 4 and 5: lHE PURPOSES OF TCDLA The purposes
Page 6 and 7: T CDU is illways looking for new en
Page 8 and 9: PRO BONO SERWCES COMMENT R ule 6.1
Page 10 and 11: ... AND, THE JUDGE CONTINUED, "DON'
Page 14 and 15: THE CLIENT FILE FILE CHECaST Client
Page 16 and 17: MUIION OF THE M OM Texas driving pr
Page 18: CAUSE NO. 1234567 § COURT AT WW NO
Page 22 and 23: THINGS TO KNOW ABOUT WWl€R ADVERn
Page 24 and 25: WINOS TO KNOW ABOVC LLL\IYCER ADVER
Page 26: Autopsy report not subject to Publi
Page 29: COURT OF CRIMINAL APPEALS PDR Opini
Page 32 and 33: dumping; Trial Court: Inforn~ation
Page 34 and 35: SIGNIFICANT DECISIONS REPORT 0860-0
Page 36 and 37: DON'T CALL THEM PRISONS by Roger Hu
Page 38 and 39: CDLP presents the 2001.2002 phone s
Page 40: o New Member Application 0 Renewal

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