The MasterList

Trial Book Recipe
You are already using The MasterList as a collaborative tool. The master screens for each case contain shared definitions, directions, content, and implementation chronologies for all relevant tactical information, as well as spelling out all assignments and providing accountability for the overall case plan for all team members. If you think about it, The MasterList master screen for each case looks and acts like a virtual war room.

Let's take advantage of all that centrally collected tactical data to create a trial battle plan.

Here's a Recipe for applying The MasterList's case master screens and full text notepads to convert your tactical content into a Trial Book.

Ingredients.

The master screen for your case.
One blank masterlist task entry notepad.
Any contact logs, depo summary notepads, evidence development journals, and witness logs you have already developed at the master case screen.
Key word processing documents and scanned documents to be cut and pasted into the case masterlist trial book notepad.
One three ring binder with divider tabs and labels.

1. Take one blank task entry at your master case screen and name it Trial Book.
2. Open the notepad for that entry.
3. Create the following pages and apply page breaks between each with ctrl-enter key

title page
key data page
outline of key issues
outline of proposed witnesses
outline of proposed evidence
pre-trial conference agenda page
jury voir dire
opening statement
direct examination of first witness
cross examination of first witness
etc.

Change the sequential order and topics of these pages to suit taste. Be sure to put them in a sequential order that reflects the probable order of all argument, testimony, and procedural steps as you will anticipate they will occur at trial.

4. Study the master screen for your case and locate any key data that you would like to have at your fingertips at trial. Cut and paste to key data page of Trial Book notepad. Arrange as necessary using The MasterList's full word processing capacity to create indents, double indents, and bullet indents to outline your materials. Spell check to taste.

5. For the outline of key issues, study your case plan and review any notepads to determine the key points of presentation and argument in your case. Irving Younger once suggested that no jury could handle more than 5 simple points which the trial lawyer should engage as the focal lens at every stage of his or her presentation. For more complex cases, other experts have suggested as many as 15, or even 24, focal points. The major positional threads that define the theme of your case have probably already been worked up at your master case screen in task entries with notepad journals and memos that spell out your findings, thoughts, impressions, and recommendations. Take advantage of this and cut and paste these notepads directly into your trial book. Then, edit and revise to suit taste.

6. Repeat the last step for all parts of the trial including outline of pre-trial conference agenda, outline of opening statement, outline of direct examination of your primary expert(s), and outline of cross-examination of key opposing witnesses. Etc.

7. If you have exhausted tactical content at the master screen, turn to your word processing program to review key briefs, memos, and correspondence. If it contains any tactical data, thoughts, or impressions that will fit your trial plan, cut and paste all or part of it directly to your Trial Book. Revise to taste.

8. If you have stored any scanned documents that will be referenced at the pre-trial conference, in opening statement, in any direct or cross-examination, on the argument of any objection or motion, or relative to jury instructions and the jury charge, cut and paste those parts that relate directly to your position into your Trial Book at the master screen. Apply our double indent icon to set them off. Type in a reference to where you can find them in your document folders or binders to handle them at trial at the right moment as you address the judge, jury, or witness.

9. Review and spellcheck when done.

10. Print, 3-hole punch, and insert in 3 ring binder separated by labeled tabs. Add documents such as citations, exhibit copies, and affidavits where appropriate, for easy handling at trial, to taste.

Remember, applying the tools available at the master screen for each case, you can create your Trial Book on an ongoing basis. You don't have to wait until the last moment before trial. The MasterList system provides an outstanding venue for creating your Trial Book. Especially since any time you or any team member enter the case for any reason, you not only see the entire case chronology, all contact data, and case planning threads and logs at a single glance, your Trial Book is always there staring you in the face ready to be reviewed or worked on.

And, if you encounter a problem in developing or defining some aspect of the Trial Book, ask yourself if that area of evidence, that argument, that legal point, or that witness needs some special treatment. If so, create a special task entry at the master screen, with a special key value to give it an implementation chronology, track it, and stay on top of it. Assign it to an associate or paralegal if necessary with day to day accountability through our tickler reports and tracking system. Then, as you finally work out the threads of this complicated planning aspect of your case, weave it back into the Trial Book.

When you distill any litigated case down to its essence you are talking about tactical content, all of which is flowing towards a trial which can be outlined and scripted in a Trial Book. The MasterList, with its full word processing notepads, and all tactical data organized at a centralized master screen according to a chronological implementation agenda, is the perfect tool for creating, analyzing, implementing, and tracking tactical content. It's no wonder that The MasterList is a great place to create your Trial Book.

We hope you enjoy this recipe!

Bill Neubert
The MasterList

White Paper: Trial Book Recipe
June, 2000

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