lawyer working in a modern, electronic
practice environment. Most of my
clients are insurers, trucking interests
or licensed professionals. I view my
"mission" in defense litigation, and every
case, as follows: "To prevail in the case,
or, to create enough risk for my adversary
such that the risk becomes intolerable,
so that the adversary will resolve the
case in a way that is acceptable to my
client." I focus on doing those things that
achieve that mission, and I do not enjoy
or promote anything that does not assist
in that mission.
Technology has the capacity to
greatly assist in that mission. It can
also be a significant hindrance from
priority and value, day to day.
But let's step back, for some
perspective. Twenty years ago I was a
young assistant district attorney. I seldom
used a computer, and smartphones did
not exist. Evidence gathering, case
development and analysis, and trials
were done with minimal use of computer
technology. My boss and mentor, the
district attorney, was heavily involved in
capital murder litigation. He never used
a computer. He meticulously prepared
many high-profile cases for trial, with
the various documents, briefs and other
strategic information stored in sequential
three-ring-binders. This became his
roadmap for conducting an entire trial.
In carrying out our case preparation, we
had the benefit of large blocks of time
for total focus without interruptions. We
got good case outcomes, without email or
litigation software.
Now, electronic (paperless) law
practice and litigation management is
fast becoming (or is) the standard, and
it has altered the process of litigation
dramatically. As president of my
law firm, I embrace it. It has greatly
increased the productivity of attorneys
and clients. With my notebook computer,
tablet or smartphone, I can research,
edit legal documents, manage my
professional billable time, communicate
with courts and clients, file pleadings,
communicate with opposing counsel,
conduct searches for new evidence, read
millions of pages of digitized evidentiary
documents, check social media and news
headlines, and co-manage a law firm
almost simultaneously. My adversaries
also have this technology, so the field is
level. The difference between who wins
uses the assets better.
One of my law professors, a retired
state Supreme Court Justice, advocated
two core principles necessary to be
a successful lawyer, and which still
hold true:
a case well if (a) he or she has the
desire to do so and (b) he or she
prepares appropriately.
writing, there is only good re-writing.
activity can easily impede an attorney
from abiding by these key principles for
success in a case.
I am willing to bet that during the
time it takes you to read this article, you
will receive one or more emails. Unless
there is an exclamation point beside an
email, or you have some reason (perhaps
the identity of the sender) to expect an
email is a high priority, you will likely
be tempted to stop reading this now,
click and read the email, and determine
its content and importance, relative to
everything else you need to do today.
This is both normal and problematic.
It is normal because we have created
a system of standardized electronic
communication in which, from the
sender's perspective, an email should
be read and responded to promptly. I
endorse that, generally. It is also normal
because we no longer rely upon a tiered
system of external communications
postal correspondence, faxes, overnight
couriers, etc., each with a different
level of importance to help us assess
whether to review the new information
sooner or later. Finally, it is normal
of Collins & Lacy, P.C., which represents a wide
variety of clients in defense litigation throughout
South Carolina. He is a South Carolina native, and
his practice focus is on defense of catastrophic,
professional liability and trucking claims.
1330 Lady Street, Sixth Floor
Columbia, South Carolina 29201
collinsandlacy.com