Litigation secretaries assist litigation attorneys with traditional secretarial tasks and knowledge of litigation procedures. They organize documents, schedule hearings, and ensure deadlines are met. They also assist with the discovery process and post-trial motions and appeals.
Litigation secretaries work in the offices of litigation attorneys. The job requires traditional secretarial skills as well as knowledge of forms and procedures used in the field of litigation. Many of the job duties involve helping the lawyer be trial ready. This may involve scheduling hearings, formatting and preparing pleadings, and filing court documents. Organizing documents and meeting court deadlines are an important part of the job.
Litigation involves trying a case before a court of law. In countries like the US, each state will have its own procedural rules for formatting and filing legal documents. In addition to the responsibilities of typing and transcribing dictation, the litigation clerk must be familiar with the correct format of legal claims, such as summaries and motions filed in court. Each jurisdiction has rules about properly citing invoked legal authorities. The federal district courts have their own rules.
“Discovery” is the process in which each side of a court case exchanges documents that will be used in the trial. It involves a great deal of information, and a litigation clerk assists in organizing and documenting when it was sent or received. Familiarity with retrieving electronically stored information is important to the discovery process. Discovery rules require documents to be sent to the opposite side within a specified time frame, and the secretary involved helps ensure that deadlines are met.
Scheduling is an important part of litigation. A litigation secretary is usually responsible for scheduling all of the attorney’s deadlines and important dates. This can include hearings, depositions, settlement conferences and the dates on which arguments are due. The secretary will generally be responsible for the initial scheduling of hearings and conferences and will ensure that conflicts do not occur within the attorney’s schedule.
The duties of a litigation secretary do not always end with the conclusion of the trial. Often, one or both or parties to a civil case may file post-trial motions alleging errors in judgment. Deadlines for filing such motions are usually very strict. As with other allegations, the secretary is responsible for ensuring that the motion is presented in the correct format and copies given to all interested parties in a timely manner.
Appeals from a trial decision have their own set of rules and procedural deadlines. A notice of appeal must be prepared and filed, usually within 30 days of the court’s decision. A litigation clerk types up the appeal brief in the proper format and ensures that a certified transcript of the trial record is filed with the appellate court.
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