very simple mileage worksheet containing two columns. The first column is entitled "Destination" and the second is entitled "Round Trip Mileage." This chart is used to record the mileage from our office to the courthouses in the various counties in which we do business. The chart is then used for the mileage charge to the client.
Subpoena for medical records
In cases involving subpoenas for a considerable number of medical providers, our paralegal has found this spreadsheet as a useful means of tracking subpoenas. Attached is Exhibit C (which is a copy of our paralegal's form). A frequent question that I ask our paralegal is: "Do we have all of the medical records so that we may proceed with depositions?" This spreadsheet serves as a very useful checklist.
Personal injury settlement evaluations
Whenever it is time to settle a personal injury claim, clients frequently are concerned with the gross amount of the settlement. Sometimes it is difficult to explain to a client that one could go to trial and obtain a jury verdict greater than the settlement offer but net less proceeds. This, of course, is due to increased litigation costs, increased attorney fees, and possible appeal costs.
Attached as Exhibit D is a settlement evaluation form. The real magic of a spreadsheet is the ability to play "what if?" Formulas can be inserted in various cells which will automatically recompute when any of the variables are changed. The variables in the settlement evaluation are contained in the upper left-hand corner of the form on the lines entitled "Present Costs:," "A 4: Future Costs:," "Settlement Offer:," "Increments:," "A 7: Total Liens & Meds" and "Appeal Costs." I did not make Appeal Attorney fees a variable. The attorney fees through the end of trial are calculated as a 1/3 contingent fee. If the case continues into the appellate process, the contingent fee was calculated to be a total of 40 percent (33.333 percent plus 6.667 percent for the appeal).
Please note that I list all liens, unpaid meds and subrogation obligations in the last two columns so that the client has a clear understanding of that figure. The same is true for the column entitled "Future Costs," located under "Liens, Unpaid Meds & Subrogation Obligations."
The wonderful magic of spreadsheets is that formulas may be inserted in various cells to do automatic calculations. Once I insert the variables into the settlement evaluation, I can increment a settlement offer by any figure that I choose. In the example given, the settlement offer begins at $5,000 and is incremented by $1,000. Automatically, the spreadsheet will calculate the client's net for offers of $5,000, $6,000 and $7,000. If I change "Increment" from $1,000 to $2,000, then the spreadsheet will automatically recalculate the net proceeds for $5,000, $7,000 and $9,000. The formula for the client net after litigation is: "client net after litigation = (settlement offer - attorney fees present costs future costs liens appeal costs appeal attorneys fees)." The formula for the client net before trial is: "client net before trial = (settlement offer - attorney fees present costs liens)." The formulas for the spreadsheets will vary from manufacturer to manufacturer; however, with a basic knowledge of spreadsheets, even a lawyer can create a settlement evaluation spreadsheet.
This tool is extremely useful for helping the client to analyze net proceeds in deciding whether or not to go to trial.
Multi-party litigation pleadings
In multi-party litigation proceedings, the pleadings become somewhat complicated. Particularly, in construction litigation cases, there are usually multiple defendants, multiple cross-claims, and multiple third-party complaints. It is very easy to lose track of who is suing whom, which complaints have been answered, who filed affirmative defenses, and whether affirmative defenses have responses. These spreadsheets are extremely helpful with regard to informing clients of the status of a lawsuit.
Deposition scheduling
In my office, we schedule numerous depositions in our practice. I normally tell my secretary to schedule the depositions and then promptly forget about the task and expect it to be accomplished promptly. Sometimes difficulties arise in scheduling depositions. This is especially true when four or more attorneys are involved in a lawsuit. It is possible for the secretary to become distracted and forget to finish scheduling the deposition.
Our office is on a network. Exhibit E is attached as an example of our depositions to be scheduled worksheet. This spreadsheet is kept on the computer operated by my secretary. We are networked. Whenever I ask her to schedule a deposition, it is entered on the worksheet. The note section is for any special instructions that I give to her. It is also used to record any efforts or difficulties she has had in scheduling the deposition. Once a week, we review my schedule for conflicts and also discuss pending depositions to be scheduled. This spreadsheet allows us to make sure depositions are scheduled in compliance with case management orders.
Conclusion
A spreadsheet is a generic tool that can be used for many purposes. It is a tool that is largely ignored in law firms. It can be adapted to many situations. It is particularly useful in recording data that can be sorted in various ways. By using the "FIND" command under the edit feature, searches can be made for specific words. Be creative! A spreadsheet can be adapted for uses in virtually any field of practice.
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Maximilian Prusak is a principal in the law firm of Prusak & Winne, Ltd., 331 Fulton Street, Suite 704, Peoria, IL 61602.
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