Life Cycle of a Case
Blood Law approaches every case with one goal: the right resolution, without unnecessary litigation.
Life Cycle of a Case©
Learn More About Our Step by Step Process
Litigation
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Phase 1: Opening Case (Day 1-5)
- File opened on Clio and Server within 30 minutes of hiring.
- Welcome email sent with legal team copied within 1 hour of hiring.
- Schedule time for client to come to office and sign verifications within 1 week.
- Strategy call with client to be completed or at least scheduled within 24-48 hours of client retaining.
- Confirm strategy with client in writing by email with legal team copied.
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Phase 2: Drafting Phase (Day 5-30)
- Initial draft of Pleadings prepared if necessary within 14 days of retaining (if applicable).
- Initial draft of Pleading sent to client for approval and edits made to client's satisfaction.
- Final draft sent to client in writing and approved by client via email.
- Pleadings filed once approved by client.
- Financial Affidavit sent to client to begin drafting (need these for child support, alimony, and some ED claims).
- Must follow local rules in county (some required it be filed with initial pleadings).
- Paralegal responsible for working with client on gathering documents for FA.
- Initial draft of FA sent to client for approval and edits made to client's satisfaction.
- Final FA approved by client in writing by email.
- FA filed once approved by client and supporting documents sent to opposing counsel.
- Equitable Distribution Affidavit sent to client to begin drafting (ED CASE).
- Must follow local rules and county.
- Paralegal responsible for working with client on gathering documents.
- Initial Draft of ED affidavit sent to client for approval and edits made to client's satisfaction.
- Final ED Affidavit approved by client in writing by email.
- ED affidavit filed once approved by client and supporting documents sent to opposing counsel.
- Custody Case
- Work with client to draft testimonial affidavit for temporary custody if the county allows.
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Phase 3: Discovery and Temporary Hearing Phase (Day 30-50)
- Second strategy call with client on case moving forward.
- Discuss with client if issuing discovery is necessary.
- Discovery drafted and issued:
- Dates set by paralegal on calendar in Clio.
- Discovery responded to if received from opposing party.
- Subpoenas sent out.
- Schedule needed depositions.
- If any discovery is outstanding from OC, Spreadsheet for discovery prepared showing what items have not been received/good faith letter sent to acquire those items requested and not received.
- Continue to schedule and have strategy sessions for case with client.
- File requests for setting on any temporary hearings needed/get those temporary hearings scheduled
- Responsibility of paralegal with attorney
- If child support case, follow same flow for FA.
- If receive FA from OC in child support that is deficient must notify OC in writing by letter.
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Phase 4: Progression Period, Settlement or Trial Preparation (Day 50-65)
- Strategy call with client and check in on case.
- File any Motion to Compel if needed to obtain discovery items from opposing party
- Need consent from client and approval of Motion.
- Prepare client for any mediation that is required.
- Paralegal is responsible for scheduling mediation.
- Conduct strategy call or in-person meeting with client prior to mediation.
- Prepare financials above for mediation
- Mediation completed (if applicable, not required in all cases but usually occurs in all cases; in ED cases it is required; in alienation of affections it is usually required)
- Settlement Negotiations
- Supplement of discovery responses.
- Update needed for depositions and subpoenas.
- Request for hearing if not settled.
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Phase 5: Trial Period or continued Settlement Negotiations (Day 65-100)
- Permanent trial preparation (if motion only, preparation for motion hearing)
- Update and file financial affidavit as necessary (Follow same flow as financial
- affidavit.)
- Conduct strategy session for case with client
- Must meet in person with clients to review all trial binders prior to hearing date to ensure client is prepared for hearing.
- Permanent trial/motion hearing
- If non litigation case, settlement negotiations should continue
- Set up second mediation if necessary
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Phase 6: Wrapping Up Case (Day 100-130)
- Ruling from court; constant follow up with court if no ruling issued.
- Proposed Order prepared and sent to client and OC for review.
- Follow up documents needed per the order to be prepared.
- Disengagement Letter to client.
Separation Agreements/Prenups/Consent Orders
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Phase 1: Opening Case (Day 1-5)
- File opened on Clio and Server within 30 minutes of hiring.
- Paralegal send out Welcome email and copy legal team same day of hiring.
- Strategy call with client to be completed or scheduled within 24-48 hours of client hiring.
- Confirm strategy with client in writing by email with legal team copied.
- Send Letter of Representation to opposing party or opposing counsel.
- Email to client to approve in writing.
- Once approved by client sent to OC or OP.
- If OP responses and they are not represented, keep all communication in writing.
- Do not answer phone calls from unrepresented opposing party.
- If OP is represented by OC set up initial call with opposing counsel to touch base on case.
- Keep information shared to a minimum and only what your client approves.
- Strategy call with client to discuss posture of OC/OP and the potential direction of case.
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Phase 2: Drafting Phase (5-30)
- If ED case, begin initial draft of ED spreadsheet for settlement purposes.
- Paralegal responsible for gathering all relevant documents and reviewing settlement spreadsheet with client.
- Paralegal will confer with attorney on how the spreadsheet looks and if any more documents are needed.
- Initial draft of ED spreadsheet and sent to client.
- Call with client to discuss marital estate, value, and proposed distribution
- If child support case run worksheets based on income.
- If alimony case, follow same flow for FA for client.
- Review spreadsheets, worksheets, etc. with client and see if client wants to send settlement offer to opposing counsel.
- If so, prepare settlement offer in letter form and have client approve before sending to opposing party/opposing counsel.
- If not, see if client wants to attend mediation.
- If ED case, begin initial draft of ED spreadsheet for settlement purposes.
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Phase 3: Active Settlement Phase (Day 30-50)
- Strategy calls on overall value or marital estate, child support and alimony if applies.
- Discuss mediation with client and see if they approve
- Always set a mediation date before beginning negotiations w OC if possible
- Not always possible but good practice
- If client approved of mediation coordinate w OC office on scheduling
- Paralegal is responsible for mediation coordination.
- Schedule mediation.
- Strategy call with client.
- In person meeting with client prior to mediation to review binders and come up with first offer (if desired).
- Attend mediation.
- If parties do not attend mediation this stage will include negotiations on SA.
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Phase 4: Settlement Documents Phase (Day 50-80)
- Revisions to Separation Agreement/Consent order(s).
- Send edits to Separation Agreement/Consent Order to opposing party/ opposing counsel to review and make edits.
- Once SA/Consent Order has been approved by all parties in writing, paralegal to coordinate signing of necessary documents.
- Follow up on all needed documents per the agreement/order (QDROS, deeds, etc.).
- Disengagement letter to client.
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