OTLA Trial Lawyer Winter 2024

21 Trial Lawyer • Winter 2024 experts in. Rather than put one person in charge of knowing every fact from many depositions and reams of document discovery, we divided things up early on. For example, we had one firm focused on vegetation management related issues, another focused on PacifiCorp’s operation of its electrical equipment and another focused on building the damages case. Opposing counsel had a similar delegation of attorneys to different subject areas. We were often able to predict who from opposing counsel would examine a witness based on the subjects the witness would be testifying about. When PacifiCorp filed a motion during trial, it was easy to assign the response to the attorney(s) most familiar with the subject of the brief. In addition to divvying up topic areas, it is important to establish who will be keeping track of exhibits and disclosing witnesses and expert files. Even though many COVID-19 precautions have gone away at the courthouse, COVID-19 is still an issue that can impact trial. While delegating, it is smart to have a backup person who can fill in if the lead attorney falls ill. It is also smart to have backup witnesses ready to put on. Staying organized Creating a trial schedule kept us organized and on track. It also helped that one lawyer had primary responsibility for the schedule. Although eight weeks sounds like a long time (and it is to be in trial!), we quickly realized our schedule would be tight, given the number of named plaintiffs and the amount of ground we had to cover to prove liability for four fires.1 At the pretrial conference, Judge Alexander told us to plan for approximately six hours in front of the jury per day. After the first few days of trial, it became clear that the amount of time was closer to just over seven hours. With long trial days, we moved through witnesses quickly. The team constantly needed to communicate and update our internal trial schedule so that we would always have witnesses on deck. In a long trial, establishing a daily schedule with the court and opposing counsel is a helpful way to stay on top of motions during trial. In our case, the court was willing to consider submissions that were emailed by 10:00 pm, and the parties would use court time from 8:00 am to 9:00 am the following morning for argument. When necessary, the court even heard arguments on the weekend. Additional tips In a complex case in state court, you typically have the same trial judge and motions judge. You may already have a good idea of how your judge will expect the parties to conduct themselves. Still, it is beneficial to ask around OTLA for insights about your judge or to watch another trial in your judge’s courtroom. You should start thinking about this long before trial begins. For example, we learned about how Judge Alexander handles objections well in advance of trial. This was one less thing to worry about walking into the courtroom on day one. If you do not already have a security pass for your courthouse, it is a good idea to apply for one at least a month or two before trial. In Multnomah County, paralegals are eligible for these passes as well. This will save you time each day and prevent a long security line from delaying anyone on your team from getting to the courtroom on time. If you would rather stand in line with your jurors, that can be good practice too. But it is very helpful to have a pass to get you through security quickly in a pinch. Finally, having a solid tech setup at the courthouse is critical. At minimum, you need a high-speed laser printer and scanner. Also, it is helpful to have a hotspot for Wi-Fi rather than relying on the courthouse’s public Wi-Fi. Ask the court clerk if you can set up and test your tech equipment before trial. Conclusion Organize, plan and prepare well in advance. Assemble a team and assign tasks before trial. No matter how long your trial lasts, how many motions you’re forced to respond to, and how many hundreds of pages of briefs are filed, remember that your case at its core is about people. Someone did something to somebody. That is the story you need to tell. Think about motions practice with that always in mind. You’ll be glad to know the Hollands are moving on with their lives. After spending over two years in rental properties, Jim Holland, his wife, Briana, and their three children Taryn, Kellan and Penelope, were able to move into their rebuilt home in Otis. Jim Holland recently opened a food truck in Lincoln City called Rook and Larder where he serves farm to table cuisine. Emily Johnson represents individuals and entities who have been harmed due to corporate misconduct as well as plaintiffs in class actions. Johnson is an associate attorney at Stoll Berne, 209 SW Oak St., Ste. 500, Portland, OR 97204. She contributes to OTLA Guardians at the Rising Star level. She can be reached at ejohnson@ stollberne.com or 503-227-1600. Cody Berne represents wildfire survivors, investors and seniors in securities litigation, and plaintiffs in class actions. He also represents clients in business and commercial disputes. Berne is a partner at Stoll Berne, 209 SW Oak St., Ste. 500, Portland, OR 97204. He contributes to OTLA Guardians at the Sustaining Member level. He can be reached at cberne@stollberne.com or 503-227- 1600. 1 On the topic of expert files, one way a long trial can depart from normal Oregon practice is the court may require the parties to disclose an expert file before the expert takes the stand to allow time to schedule an OEC 104 hearing without disrupting the trial schedule. In this case, expert files had to be disclosed two calendar days before testimony.

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