11 Quick Tips to Improve Law Firm Profitability (Using AI)

Like any business, a law firm’s success depends on its ability to turn a significant profit. However, contrary to popular belief, it’s not just about winning big cases or handling high-profile clients.

Measuring profitability in a law firm is similar to that of a typical business–there are ratios to track, KPIs to assess, and, of course, best practices to follow.

Law firm profitability relies on several crucial metrics that reflect the financial impacts of your law firm operations. In this guide, we explore the ins and outs of law firm profitability, why it matters, and what you can do to increase profitability long-term.

Measuring profitability in a law firm is similar to that of a typical business–there are ratios to track, KPIs to assess, and, of course, best practices to follow.

What is Law Firm Profitability Analysis and Why Does it Matter?

Profitability analysis is the process of examining a firm’s revenue streams and expenses to determine profitability. Law firms rely on timekeeping and billable hours for revenue, which requires profitability analysis to ensure they are always in the black.

Profitability analysis shows law firms their financial strengths and weaknesses, which, in turn, help them make better decisions regarding budget allocation, pricing, and practice management.

Profitability Ratios

Profitability ratios are the core of law firm profitability analysis, providing a glimpse into a law firm’s overall financial health. Key ratios include:

Gross Profit Margin: Calculates the percentage of revenue that exceeds the cost of goods sold (or services provided), not including other operational expenses. It’s a measure of the efficiency in service delivery and pricing strategy.
Operating Profit Margin: Shows the percentage of revenue left after covering operating expenses, such as wages, rent, and utilities. It reflects the operational efficiency and the ability to manage day-to-day expenses.
Net Profit Margin: Represents the percentage of revenue remaining after all expenses, including taxes and interest, have been paid. This is the primary indicator of a firm’s profitability and financial health.
Margin per Client: Measures the average profit generated from each client, providing insight into client profitability and helping firms identify the most and least profitable client relationships.
Return on Assets (ROA): Indicates how effectively a firm uses its assets to generate profit. Determined by dividing net income by total assets, it provides insight into the productivity of the firm’s resources.
Return on Equity (ROE): Assesses the return generated on shareholders’ equity. By dividing net income by shareholder’s equity, it reveals how well the firm utilizes investors’ funds to generate earnings.

Profitability Metrics Your Law Firm Should Know

Measuring law firm profitability revolves around several key performance indicators (KPIs), including:

Utilization Rate

Utilization rate is the percentage of billable hours out of the total working hours of your attorneys. Its importance lies in its ability to highlight workforce efficiency, revealing how much of your team’s time is dedicated to billable tasks as opposed to non-billable activities.

A higher utilization rate signals better use of your legal talent, directly influencing your firm’s profitability by maximizing revenue-generating work.

Realization Rate

The realization rate assesses the percentage of billable work that is actually billed and subsequently collected from clients. It provides insight into the effectiveness of your billing practices and your clients’ payment behaviors.

A good realization rate indicates that your firm is not only efficient in billing but also successful in collecting payments, both of which are vital for sustaining cash flow and profitability.

Case Lifecycle Cost

The case lifecycle cost encompasses the total expenses incurred from the commencement to the conclusion of a case. Understanding this cost is vital for accurately pricing services, and ensuring that cases remain profitable. It also helps in pinpointing areas where costs can be trimmed without sacrificing the quality of service, thereby enhancing the firm’s financial performance.

Accounts Receivable

Outstanding accounts receivable represent the funds owed to the firm for legal services rendered but not yet paid for by clients. Monitoring this metric is essential for effective cash flow management, as it highlights the efficiency of the collection process and identifies potential issues in billing practices, enabling timely interventions to improve financial health.

Outstanding Work-in-Progress Fees

These are fees for work completed but not yet billed to clients. Tracking these fees is important as it aids in improving the timeliness of billing, therefore reducing the interval between service provision and invoicing, which in turn enhances the firm’s cash flow.

Revenue Per Lawyer

Revenue per lawyer or revenue per attorney measures the total revenue generated by the firm, divided by the number of lawyers. This metric sheds light on the productivity and earning capacity of the legal team on an individual basis, facilitating strategic staffing and resource allocation decisions to optimize profitability.

Billing & Collection Turnover

These metrics indicate the speed at which the firm issues bills for services rendered and collects payments from clients. A quick turnover indicates efficient billing and collection processes, which are crucial for maintaining positive cash flow and financial stability.

Profit Margin

Lastly, we have your profit margin. It is a key indicator of the firm’s overall financial health, representing the percentage of revenue that remains as profit after all expenses are accounted for. Calculating the profit margin is essential for evaluating the effectiveness of the firm’s business model and strategies, showing how successfully it can convert revenue into profit.

Top 10 Tips to Increase Your Law Firm’s Profitability

Improving your law firm’s profitability requires knowledge of law firm profitability metrics and a deep understanding of how they affect your operations. However, this is not always a straightforward process, which is why we’ve drawn up a few actionable tips to help you get started:

Optimize Billing Practices

Ensure your billing practices are transparent, accurate, and timely. Consider adopting flat fees, contingency fees, alternative fee arrangements, or value billing to align more closely with client expectations and enhance satisfaction. Regularly review and adjust your rates based on market standards and the value you deliver.

Expand High-Profit Areas

Analyze your firm’s financial data to identify the most profitable practice areas or client types. Focus your marketing and business development efforts on these areas to grow revenue.

Improve Client Selection and Retention

Develop a strategy for attracting and retaining high-value clients. This may involve niche marketing, enhancing client service, or offering additional value through seminars, newsletters, or advice that positions your firm as a trusted advisor.

Monitor Key Financial Metrics

Keep a close eye on the profitability metrics discussed earlier, such as realization and utilization rates, profit margin, and accounts receivable. These metrics provide critical insights into your firm’s financial health and areas for improvement.

Enhance Attorney Performance

Invest in training and development for your attorneys to improve their legal, client service, and business skills. Encourage knowledge sharing and collaboration within the firm and identify other ways to maximize the potential to raise overall performance levels.

Identify Areas for Improvement

Review your firm’s operational processes to identify bottlenecks, inefficiencies, and other problem areas. Solutions can include outsourcing non-core functions, renegotiating vendor contracts, and reducing overhead costs wherever possible without compromising quality.

Focus on Client Satisfaction

Satisfied clients are more likely to return and refer others to your firm. Ensure you understand your clients’ needs and expectations, deliver exceptional service, and maintain open lines of communication to build strong, lasting relationships.

Develop a Strategic Marketing Plan

Invest in marketing and business development activities that target your ideal clients and referral sources. Utilize a mix of traditional and digital marketing strategies to build your brand and attract new business.

Foster a Profitable Firm Culture

Cultivate a culture that emphasizes efficiency, quality, and client service. Encourage attorneys and staff to adopt a business-minded approach to their work, focusing on activities that directly contribute to the firm’s profitability.

Automate Discovery Document Drafting

Last but not least, implement legal technology solutions to automate routine tasks, improve case management, and reduce errors. Technologies such as document automation for lawyers, practice management software, and AI-powered tools can significantly increase efficiency, allowing lawyers to spend more time on billable work.

Reduce Operational Costs with Document Automation

In the legal industry, time translates to money–often quite literally. For a law firm to be successful, it must find ways to maximize all of its constituents’ time, including that of attorneys, paralegals, and supportive staff.

Leveraging AI is one of the best ways to ensure that most of your law firm’s time is going to valuable work. Briefpoint is a legal AI tool that automates the preparation of discovery response and request documents, saving you hours of work and allowing your attorneys to focus on more profitable activities.

Briefpoint AI drafts responses to:

Requests for Admission
Requests for Production
Interrogatories

Optimize Your Law Firm’s Profits with Briefpoint

Discovery responses cost firms $23,240, per year, per attorney. $23,240 estimate assumes an associate attorney salary of $150,000 (including benefits – or $83 an hour), 20 cases per year/per associate, 4 discovery sets per case, 30 questions per set, 3.5 hours spent responding to each set, and 1800 hours of billable hours per year.

Under these assumptions, you save $20,477 using Briefpoint, per year, per attorney.

Test Briefpoint yourself by scheduling a demo here.

FAQs About Law Firm Profitability

How can law firms improve their utilization rate?

Law firms can improve their utilization rate by optimizing attorney workload, ensuring that lawyers spend a higher percentage of their time on billable tasks. This can be achieved through better project management, delegation of non-billable tasks to support staff, and the use of technology to streamline administrative processes.

What strategies can help increase the realization rate?

To increase the realization rate, law firms should focus on improving billing practices, such as setting clear billing policies, ensuring accurate and timely invoicing, and actively managing client communications regarding fees and payments. Additionally, evaluating and adjusting fee structures to align with client expectations and value can also help.

How does monitoring profit margin help law firm profitability?

Monitoring profit margin helps a law firm understand its financial health and operational efficiency. It enables the firm to identify which areas or practices are most profitable and which may need cost management or strategic adjustments. This insight is crucial for making informed decisions that drive profitability and sustainable growth.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers.

Best 5 Gavel Software Alternatives in 2024

Looking for discovery response automation software? There are plenty of options available on the market. Of course, as with all things, some tools are better than others.

The best document automation software tools are easy to use and effective, and help law firms save significant amounts of time, which they can then spend on value-adding tasks.

In this post, we’ll review some of the best Gavel alternatives available to litigators and law firms.

Briefpoint

There are plenty of Gavel alternatives, but none can match Briefpoint for discovery document automation. Briefpoint makes it as easy as possible for law firms to automate the key discovery response and request processes, resulting in hours of saved time that lawyers can spend drafting what really matters.

Briefpoint has been built specifically with the legal industry in mind, making it intuitive for law firms to use. The powerful AI integrations ensure that it’s highly effective and makes working straightforward.

Thanks to Briefpoint’s intuitive design, while sophisticated, Briefpoint can nevertheless be used by professionals of all technical abilities.

The result? Hours saved on each document. You can get started with Briefpoint by scheduling a demo.

Rally

Rally is a law-focused automation tool that focuses on many legal tasks, not just document creation.

With Rally, you have control over many aspects of the client experience, and you can also use it to customize branding, organize documents, and accept payments.

While Rally is a powerful tool, it does have a couple of disadvantages. The main one is that it offers many different features that may not be required by the law firm, resulting in paying for a product that is not fully needed.

In addition, its document creation capabilities are not as advanced as other Gavel alternatives, such as Briefpoint. It also has a high price point.

However, it may be suitable for individual lawyers who want an all-encompassing tool with which they can complete a variety of tasks.

Hotdocs

HotDocs has been around for a long time, which is both a positive and a negative. On the plus side, they have experience in putting together forward-thinking document generation software.

However, because it’s been around for a while, it’s lacking some of the innovation that you’ll find in other tools. It also is not specifically designed for use in the legal field, which makes it a little more difficult for legal professionals to use.

It’s generally more complicated to use than other Gavel alternatives, with many of the tool’s features requiring coding experience. If you have coding experience along with the time to get to grips with HotDocs, then you’ll find it to be powerful. It’s also recommended if you serve a variety of different sectors, not just the legal field.

Woodpecker

Woodpecker is a software tool that’s easy to use and offers a wide variety of features, including legal document automation. It’s suitable for both large and small law firms and is adept at creating both complex and straightforward documents.

The software puts a greater emphasis on the client experience than other tools, and could well be regarded as a client onboarding tool rather than a document automation tool.

Still, it’s possible to create discovery responses and requests documents once you know how, and it also integrates with a number of tools widely used within the legal field.

PandaDoc

PandaDoc is a popular document automation software tool that claims to help professionals save up to 40% of time per document. It wasn’t specifically designed for use in the legal industry, but it includes a number of tools that legal professionals will appreciate.

It comes packed with features that help with various tasks beyond document creation, such as streamlining the customer experience. While powerful, it is more complex than other tools, and may not be suitable for firms looking to get up and running with their software quickly.

How Briefpoint Can Help You

Under these assumptions, you save $20,477 using Briefpoint, per year, per attorney.

Test Briefpoint yourself by scheduling a demo here.

FAQs About Gavel Alternatives

What Can You Do With Legal Document Automation Software?

Legal document automation software helps to streamline the discovery response and request process. By spending less time on these time-consuming tasks, legal professionals can spend more time on value-adding tasks, all the while having confidence that their documents are just as they should be.

What Is The Best Gavel.io Alternative?

There are plenty of Gavel alternatives on the market. One of the best is Briefpoint, which offers automated discovery response and request documents. Featuring a high customer satisfaction score of 4.9/5, Briefpoint has become known for being one of the best AI legal tools in the industry, capable of reducing the time spent on each document by up to 87%.

What to Look For In Legal Document Automation Software?

Not all legal documentation automation software is the same, so it’s important to look through the Gavel alternatives and find the one that’s right for your needs. In general, it’s best to look at software that is effective, powerful, and easy to use — with those three attributes, law firms can ensure that they have a tool that can seriously enhance their productivity.

Responding to Interrogatories in California

Overview of California Interrogatories

In California’s superior court system, responding to interrogatories in an unlimited civil case involves navigating a myriad of procedural rules and best practices.

This article provides a comprehensive guide to effectively managing interrogatory responses, including understanding deadlines, modifying response times, handling objections, and formatting responses.

By delving into the California Code of Civil Procedure and relevant case law, litigation attorneys can gain a deeper understanding of the intricacies involved in responding to interrogatories and better represent their clients in court.

Interrogatory Obligations

Parties have an obligation to furnish all reasonably available information when responding to interrogatories, as required by Cal. Code Civ. Proc. § 2030.220(a) and (c). This includes information known by counsel or held by organizational parties, such as officers, employees, and former employees, as established in cases like Scheiding v. Dinwiddie Constr. Co., 69 Cal. App. 4th 64, 76 (1999). If an interrogatory cannot be answered completely, it must be answered to the extent possible, in accordance with Cal. Code Civ. Proc. § 2030.220(b) and § 2030.240(a).

Drafting Interrogatory Responses

Responses to interrogatories should be formatted like court filings, with the case and court information, and include the name of the responding party, the propounding party, and the set number, as directed by Cal. Code Civ. Proc. § 2030.210(b) and Cal. Rules of Ct., Rule 3.1000(a). Each response should be numbered, complete, and straightforward. Objections must be stated clearly and specifically, as outlined in Cal. Code Civ. Proc. § 2030.240(b).

Rules for Responding to Interrogatories

When answering an interrogatory, the response should be as complete and straightforward as possible, based on the information reasonably available to the responding party, as mandated by Cal. Code Civ. Proc. § 2030.220(a) and established in cases like Hernandez v. Superior Ct., 112 Cal. App. 4th 285, 294 (2003). Factually deficient interrogatory responses can shift the burden on summary judgment, as demonstrated in Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908, 934 (2017).

Objection to Interrogatories

Valid objections may include compound, conjunctive, or disjunctive interrogatories, as prohibited by Cal. Code Civ. Proc. § 2030.060(f); questions that are not self-contained, as specified in Catanese v. Superior Court, 46 Cal. App. 4th 1159, 1164 (1996); cumulative, duplicative, or unduly burdensome requests, as restricted by Cal. Code Civ. Proc. §§ 2019.030 and 2030.090; irrelevant information, as defined by Cal. Code Civ. Proc. §§ 2017.010, 2019.030, and 2030.010; requests exceeding the interrogatory limit, as established in Cal. Code Civ. Proc. § 2030.030 et seq.; premature contention interrogatories, as cautioned in Judicial Council Form Interrogatories-General (Form DISC-001), Sec. 2(d); and requests seeking privileged or protected information, as detailed in Cal. Code Civ. Proc. §§ 2018.020 et seq. and 2030.240(b), among others.

Client Verification

Interrogatory responses must be signed under oath by the party to whom they are directed and, if objections are included, by the party’s attorney, as required by Cal. Code Civ. Proc. § 2030.250(a) and (c). If the responding party is a corporation, partnership, association, or governmental agency, an officer or agent of the entity must verify the responses, as stated in Cal. Code Civ. Proc. § 2030.250(b).

Serving the Interrogatories

Responses to interrogatories are served on the parties but not filed with the court unless relevant to a motion or other court hearing, according to Cal. Code Civ. Proc. § 2030.260 and Cal. Rules of Ct., Rule 3.250(a)(8). They must be served within 30 days of service, along with a proof of service, as outlined in Cal. Code Civ. Proc. §§ 1013a, 1013b, and 2030.260(c).

Supplemental Your Interrogatories

If a party determines that a prior interrogatory answer is incorrect or incomplete, they may serve an amended or supplemental answer, as allowed by Cal. Code Civ. Proc. § 2030.310(a). However, parties do not have an ongoing obligation to supplement their interrogatory responses, as highlighted in R & B Auto Ctr., Inc. v. Farmers Grp., Inc., 140 Cal. App. 4th 327, 358 (2006) and Biles v. Exxon Mobil Corp., 124 Cal. App. 4th 1315, 1325 (2004).

Deadline for Responding to Interrogatories

In general, parties must respond to interrogatories within 30 days of service, as mandated by Cal. Code Civ. Proc. § 2030.260(a). However, the 30-day deadline may be extended depending on the method of service, as outlined in Cal. Code Civ. Proc. §§ 1010.6, 1013, and 2016.050. For electronic or overnight delivery, the extension is two court days. If the interrogatories were served by mail, the extension is five calendar days for in-state mail, ten calendar days for out-of-state mail, and twenty calendar days for international mail.

Asking for More Time

The deadline for responding to interrogatories may be shortened or extended through a court order or a stipulation between the parties, as provided by Cal. Code Civ. Proc. §§ 2030.260(a) and 2030.270. Parties should generally grant first requests for extensions unless abused or time-sensitive, in line with professional courtesy and to avoid unnecessary requests for judicial intervention. A written stipulation specifying the new deadline is necessary and, unless stated otherwise, does not waive the objections of the responding party, according to Cal. Code Civ. Proc. § 2030.270(b) and (c). If a stipulation cannot be reached, court approval is required under Cal. Code Civ. Proc. § 2030.060(a).

Failing to Respond on Time

Failing to timely respond to interrogatories may result in waiving any objections or the right to produce documents in lieu of a narrative response, as stated in Cal. Code Civ. Proc. § 2030.290(a). However, the court may relieve the responding party from this waiver if they can demonstrate that their failure was due to mistake, inadvertence, or excusable neglect, and they have since provided a substantially compliant response, per Cal. Code Civ. Proc. § 2030.290(a)(1) and (2).

Conclusion

Effectively responding to interrogatories in California requires adherence to specific procedural rules and a thorough understanding of best practices.

By mastering these intricacies and referencing the California Code of Civil Procedure and relevant case law, litigation attorneys can efficiently manage interrogatory responses and better represent their clients in court.

How Briefpoint Can Help You

Under these assumptions, you save $20,477 using Briefpoint, per year, per attorney.

Test Briefpoint yourself by scheduling a demo here.

The Work Product Doctrine in California (2024 Guide for Litigation Attorneys)

The Work Product Doctrine Overview

The work product doctrine is a fundamental aspect of California law that protects certain materials from disclosure or discovery in civil litigation. This article will delve into the principles and requirements of this doctrine, specifically covering the types of materials protected as work product, persons who may claim work product protection, exceptions to the work product doctrine, and waiver of work product protection.

Work Product Protection Purpose

The work product doctrine, codified in California law under Cal. Code Civ. Proc. § 2018.010 et seq., serves two primary purposes: preserving the rights of attorneys to prepare cases for trial with necessary privacy and preventing attorneys from taking undue advantage of their adversary’s industry and efforts. Although the statute appears to apply only to discovery proceedings, courts have held that it also shields work product from disclosure at trial and extends to criminal proceedings.

What is Protected by the Work Product Doctrine?

In California, the work product doctrine provides two types of protection for attorney work product: absolute and qualified.

Absolute protection covers “a writing that reflects an attorney’s impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances.” (Cal. Code Civ. Proc. § 2018.030(a)) Qualified privilege covers the other work product of an attorney and “is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party’s claim or defense or will result in an injustice.” (Cal. Code Civ. Proc. § 2018.030(b))

Who Owns the Protection?

Work product protection is a type of privilege that belongs to the attorney and may be claimed or waived by the attorney. However, it may also be claimed by the client on behalf of the attorney in the attorney’s absence. Additionally, a litigant acting in propria persona may assert the statutory work product protection on their own behalf.

Exceptions to Work Product Protection

Work product protection does not apply in certain circumstances, including actions between attorneys and clients involving breach of attorney’s duty, official investigations or proceedings involving alleged participation by attorneys in crime or fraud, and State Bar disciplinary proceedings.

Waiving the Protection

Work product protection may be waived through various means, such as disclosure or consent to disclosure, failure to assert the protection when the opportunity arises, placing certain matters at issue, or engaging in conduct inconsistent with claiming the privilege. Inadvertent disclosure of work product does not necessarily waive the protection, but receiving attorneys must act ethically and responsibly in such situations.

Conclusion

The work product doctrine is a vital component of California law that safeguards the attorney-client relationship and ensures that attorneys can effectively prepare for litigation. By understanding the principles and requirements of this doctrine, litigation attorneys can better navigate the complexities of the legal system and protect their clients’ interests.

Briefpoint Litigation Software

Under these assumptions, you save $20,477 using Briefpoint, per year, per attorney.

Test Briefpoint yourself by scheduling a demo here.

Propounding Discovery: Streamlining In 2024

Propounding discovery refers to initiating a formal exchange of information with an opposing party in a legal context. It is essential in many lawsuits, occuring within the discovery phase before parties go to court.

If you are the party “propounding discovery,” you are the one sending information requests to the other side. Permitted ways to do this include sending requests for production or filing interrogatories and requests for admission.

However, creating and sending these documents by hand is time-consuming and prone to errors. You could submit requests using improper formats or language, preventing you from securing the target information you want.

That’s where propounding discovery software can help. It provides advanced features to streamline document production, avoid errors, and reduce time spent on non-billable tasks.

Propounding Discovery Overview

Law offices need to initiate discovery for various reasons. The principal purpose is to gather evidence that supports your client’s case. Learning more about the circumstances of the events in question can help you prepare superior responses in court.

However, there are other reasons for propounding discovery. For example, it also assists in learning more about the other party’s position and weaknesses. Furthermore, you may also identify potential witnesses and experts and learn more about the precise issues in dispute during this investigative stage. Enhanced discovery improves your capacity to serve your clients.

Your Obligations During Propounding Discovery

While propounding discovery is an accepted legal process, you must still fulfill various obligations. That’s why software can be beneficial. It helps you avoid non-compliance.

For example, requests for information must be relevant and proportional to the case. You must focus (in general) on obtaining answers that help you resolve the dispute. Requests shouldn’t place any undue burden on the responding party.

You must also format and serve discoveries according to court rules. Failing to adhere to guidelines could result in judges throwing out requests.

Getting compliance right, though, is challenging. Opposing parties have certain rights, including objecting to burdensome or irrelevant information requests. Attorney-client privilege also lets them bar demands for sensitive information.

Fortunately, you can limit these risks while maximizing compliance by using software. Carefully calibrated solutions provide recognized requests while saving time.

The Benefits Of Using Software For Propounding Discovery

Before we discuss the specific features of propounding discovery software, let’s review some of the benefits it offers.

A centralized platform that attorneys can use whenever they want to make a request
Improved visibility over the discovery process – paperwork is digital, not hidden away in a file somewhere
Better workflow streamlining, including making requests (and responding to them) with minimal typing or manual entry required
Improved ability to meet deadlines imposed for discovery by the court
Enhanced team productivity and less time spent on non-billable work
Reduction in the risk of accidental information exposure using pre-filled template libraries
Less rote work and more focus on high-value tasks
Pre-formatted requests that increase the likelihood of discovery

Software Features That Let You Streamline The Propounding Discovery Process

Advances in AI and software generally mean that today’s solutions are more capable than ever. Tools offer various features that improve the process and enable you to get the information you and your clients need. Here’s what to expect:

Template Libraries

Propounding discovery software comes with template libraries you can use to make information requests. These save time and free up attorneys and other legal professionals to focus on higher-value tasks.

Briefpoint offers extensive template libraries for various case categories across information request classes. For instance, we have over 87 special interrogatories pre-formatted for auto torts and more for requests for admission and production.

Using template libraries is straightforward. Most leading solutions let you click the item you want to include, whether sending a request to a plaintiff, defendant, or another party. That’s true of Briefpoint.

Furthermore, these template libraries include careful wording to minimize the risk of receiving a valid objection from the opposing party. For example, Briefpoint includes interrogatories such as:

Automated Drafting Tools

Automated drafting tools are another essential ingredient of top-rated propounding discovery software. These systems enable you to craft the precise document you need, depending on who you send it to and the information you request.

Briefpoint does this by taking you through a multi-choice wizard. Fillable forms give you the option to provide a short title for the case, the case number, the full title of the case, the client position (plaintiff, defendant, cross-defendant, or cross-complainant), representative action (individual, class action, or PAGA), the case type (i.e., auto, business, civil rights, etc.), the various parties’ names, and the venue. Entering this information supplies the propounding discovery document software with the essential formatting information to proceed.

The information you must include varies between jurisdictions. However, advanced software helps you cover your bases by adding things like:

The deadline for responding to the request
Clear and concise statements about the requests
Instructions on how the opposing party should format its responses
A statement underlining the legal standing of the request

Once you add this information, the software formats it for you, regardless of the document you want to submit. The next step is to choose the request type so the software can present the proper library of pre-formatted requests discussed in the previous section.

Briefpoint lets you draft any of the following:

Request for Admission. These requests ask the opposing party to admit or deny various “truths” or facts associated with a case. These are helpful when you want to narrow down the disputed facts and save time.
Request for Production. These requests ask the opposing party to produce legal documents associated with the case. Any requests for paperwork must be relevant and helpful in proving your client’s case.
Special Interrogatories. These written questions are limited to a specific topic or issue relating to the case. You might submit them to identify potential witnesses or better understand the other party’s stance on an issue.

Once you provide Briefpoint with this information, you can populate your document with specific requests. The software will format and structure the paperwork according to best practices.

Checking Compliance

Once you finish telling the software what document you want it to create, you can download it for review. (Briefpoint lets you do this in Microsoft Word). This step allows you to check it for compliance before sending it off. While developers take special care to ensure that template requests follow established norms and practices, you are responsible for any new items you insert or edits to existing suggestions.

Understanding How Propounding Software Can Streamline Discovery

Opposing parties can object to responding to discovery requests under certain conditions. Requests are unlikely to succeed if they:

Are irrelevant to the case
Are excessively burdensome
Violate various attorney-client privileges that protect some details from disclosure

Therefore, using propounding discovery software is helpful. It reduces the risk of rejected requests, supporting your client’s case.

Briefpoint’s propounding discovery solutions are a case in point. Filing by hand is tedious, but getting our software to do it instead could save you up to 87% of your time. You can also use it to avoid costly mistakes, such as disclosing information about your client you shouldn’t. Responses comply with ethical rules for better decision-making.

Understanding the role of propounding software in your legal practice discussed in this post should enable you to make requests more effectively. You can avoid compliance issues while working in your client’s best interests.

How Briefpoint Can Help You

Under these assumptions, you save $20,477 using Briefpoint, per year, per attorney.

Test Briefpoint yourself by scheduling a demo here.

FAQs In Relation to Propounding Discovery

What does propounding discovery software do?

Propounding discovery software streamlines the information-gathering process in legal practice. It enables you to ask opposing parties for information in a legally permissible way without having to write requests by hand while reducing the risk of non-compliance.

How do you write a propounding discovery request?

The best way to write a discovery request is to get software to do it for you. Briefpoint provides templates to make case-specific requests that fall within accepted court guidelines.

What is the purpose of propounding discovery software?

Propounding discovery software makes gathering information from the other side in a legal case more straightforward. Solutions come with template libraries you can use to collect the information in a legally compliant way.

Can you edit requests in propounding discovery software?

The best propounding discovery software tools let you edit library templates included in their packages. For example, Briefpoint lets you customize standard requests how you want. You can add extra information or upload requests in your preferred format.

Discovery Responses: How Can Software Help?

Discovery Responses Overview

Responding to opposing an opposing party’s requests for information can be time-consuming and cognitively challenging. Unfortunately, many law firms have become accustomed to using manual paperwork to deal with these.

Now, though, software is helping. Law firms are experimenting with automation software like Briefpoint, to expedite the tedious work of drafting discovery responses and focus on what matters most.

The benefits of using software to automate discovery responses are substantial. Solutions reduce costs, minimize the risk of inadvertent disclosure of privileged information, and improve accuracy. Once law firms start using them, they often wonder why they didn’t discover them earlier.

This article explains how software solutions, like Briefpoint, can assist with discovery response. We cover the principal benefits and how AI-infused tools transform workflows.

Improving The Review Process

The primary benefit of discovery response software is its capacity to streamline the review process. Instead of reading through documents manually, systems crawl submissions for relevant information and extract it for evaluation.

For example, Briefpoint’s solution does this using advanced artificial intelligence (AI). It scans documents, pulls relevant information, and assists you in responding. Simply upload requests for admission/production or interrogatories and get a suite of tools for adding objections and responses.

Another benefit of software in the review process is helping avoid missing critical items in discovery requests, a common problem in legal practices. Attorneys and paralegals can sometimes skip crucial information when crafting responses. However, software solves this problem by using AI to extract anything essential. It never gets tired, reducing the risk of error or non-compliance.

Briefpoint makes this aspect of the review process simpler. AI then presents short reviewable snippets you can use when crafting your response. This helps with productivity and prevents tedious mistakes.

Building Strong Responses

While providing information to the opposing party is sometimes mandatory, it can put clients at an unnecessary disadvantage when done incorrectly. Therefore, software solutions also help you build strong discovery responses.

For example, software can integrate legal databases and relevant case law to support the integrity of your objections. It can also call on pre-filled template libraries (and fields), enabling you to “drop-and-drag” or simply click your responses into existence.

You choose from a list of legally permissible responses added automatically. It happens almost instantaneously. The best solutions let you draft documents with a click and apply standards across your firm.

For example, Briefpoint includes template responses and automatic objections you can add to your reply (that qualify under the law), saving an estimated 87% of your time. (You can download them into Word format to edit them further).

Software can also include automated filtering and tagging. These features scan documents, looking for keyphrases that indicate a request for privileged data. The most advanced tools use machine learning to look for confidential information. This technology streamlines the review process further and provides practitioners with greater confidence when submitting documents to the opposing party.

Enhanced Communication, Organization, And Security

Another benefit of discovery automation software is enhanced communication and collaboration. Team members can work in tandem to optimize replies and ensure optimal client protection within the law.

The best tools also enhance security, enabling you to comply with data protection laws within and across jurisdictions. For example, Briefpoint puts multiple measures in place to prevent data loss or theft. For instance, in-transit and at-rest encryption means that documents uploaded to us remain inaccessible regardless of location (except to those with permission).

We also perform regular document backups and maintain redundant servers to ensure you don’t lose any uploaded paperwork. On the backend, our team implements mandatory code reviews and conducts regular internal security audits on all technical decisions. And Microsoft Azure is our login security provider, compatible with multiple business-related accounts.

Understanding The Value Of Discovery Response Software

Ultimately, discovery response software tools help you cut the amount of non-billable time your team spends on discovery responses. Speeding up back-office processes enables you to operate more efficiently while assuring your clients’ best interests.

They also enable you to enjoy a host of additional benefits, such as avoiding disclosing privileged information and improving the accuracy of your responses. You can streamline your workflow and achieve peace of mind.

How Briefpoint Can Help You

Under these assumptions, you save $20,477 using Briefpoint, per year, per attorney.

Test Briefpoint yourself by scheduling a demo here.

FAQs In Relation To Discovery Responses

How do you respond to a discovery?

The best way to respond to discovery is to write each interrogatory and provide your response underneath it. Sometimes, you will provide the requested information, but other times you will want to list an objection. Briefpoint makes this process simple by providing a library of template responses you can use for variegated requests.

What happens if you don’t answer a discovery?

Failing to respond to a discovery can lead to various sanctions, including fines and penalties in the courtroom. It could also undermine your credibility.

What is a written discovery response?

A written discovery response is a document that provides a discovery request reply in writing. It can be electronic or mailed to the opposing party’s representative.

How do you write a discovery request?

Writing a discovery request requires extensive legal knowledge and understanding of permissible objections. However, software tools offer various shortcuts. For instance, BriefPoint can scan discovery requests and provide bespoke responses and objection suggestions based on the received text using AI.

Requests For Production: How To Automate Preparation In 2024

What Is a Request for Production of Documents?

Requests for production are a legal procedure that is used during the discovery phase of a civil lawsuit or legal proceeding and is the asking of documents or other relevant items for the case to be presented.

These might be physical documents that need to be produced, or documents to simply be disclosed that could help the case move forward. It’s a vital part of the process that can enable both parties to gather evidence in preparation for trial.

It essentially asks the other party to produce any documents or other items that might be used as supporting evidence during a trial. If the other side claims that it doesn’t exist but then tries to produce it at the trial this can be objected to by the party to the judge. By requesting the documents ahead of time you can mitigate the risk of surprise evidence being produced during the court case.

Requests for production are a key part of the process and tend to include the following:

Specification of the exact documents required – The document should outline the documents, materials, or tangible assets that are required, being as clear and specific as possible. For example, listing the dates of bank statements.

The relevance of the items – The items that are requested must be directly related to the lawsuit issues and explicitly state why they are relevant. Vague or irrelevant requests could be objected to and the documents or assets not be disclosed.

The timeframe in which the items must be produced – You must add a reasonable timeframe for the documents/ other items to be handed over. This tends to be 30 days but can vary depending on the rules of the court, the jurisdiction, and other extenuating circumstances.

Why is a request for the production of documents so important?

A request for production is a vital part of the discovery process of a trial for many reasons. One of the first important things it does is allow parties to request and obtain relevant information that can support their defenses or claims.
These can help to build up evidence that can be used in a trial. It also enables transparency between both parties helping to prevent any surprises during the trial. This way both parties have the same information presented to them and can prevent a fair case.

The pre-presentation of documents before trial also enables attorneys to amend their case strategy accordingly, utilizing the information received to help add strength to their arguments and know what questions to put forth to the opposing party.

Another reason it’s so important is that it can help to streamline court proceedings, reducing time and helping to move the case along efficiently. It ensures the trial is fair and can aid in providing an efficient resolution for both parties in the case.

What are some key aspects of a request for the production of documents?

If a party feels the information requested is irrelevant, too vague, or wants privileged or confidential information they can object. This might need to be referred to the court to get further clarification and decide on the outcome of the matter.

There are specific rules regarding the format of the request for production. The court will set these rules which need to be followed. The request must be formally written and it must be very specific when outlining the exact information or items they are requesting.

What are some of the items that might be requested during a request for production?

Several items fall under a request for production and both parties must comply as much as they can. The items that might be called for include:

Documents

Physical documents can mean a number of different things, from letters and emails that have been sent to invoices, reports, bank statements, and invoices. It’s important to specify exactly what the documents are that are being requested and include as much detail as possible.

Photographs and Videos

Photos and video clips can be vital evidence during a court case. These could be taken at home, CCTV, or taken by a third party.

Physical objects

Physical objects might be requested in the case they could help provide vital evidence. These might be products or machinery that have relevance to the case.

Contracts and statements

You might request contracts such as phone or employment contracts, bank statements, agreements, or leases. They could help to prove (or disprove) certain aspects that have been put forward in the case by either party.

Medical Records

If the case has to do with someone having an injury or a claim relating to healthcare, medical records can be requested. This could include treatment plans, doctor reports, and any other related documents that could help. As this is confidential data it’s important to specify exactly what you’re looking for or your request might be denied or put forward to a judge.

Electronic Data

Electronic information is another thing that might be asked for. This can include any information such as text messages, emails, social media posts, website records, or computer files. Again, being specific is key for this. Try and include dates where possible to back up this.

Corporate Documents

If the lawsuit has to do with a work dispute, you could request corporate documents. This could include any policies, contracts, or documents related to the procedures of a company.

How To Automate Your Process

Utilizing automation software like ours at Briefpoint means you can focus your attention on the rest of the case. It automates the construction of commonly used litigation documents such as requests for production and is tailored to the document drafting processes you’ve already honed.

The platform can take an opposing counsel’s PDF discovery requests and transform them into professional discovery responses in next to no time. Once inside the dashboard, you simply upload the PDF, and the powerful tool will organize and list each request.

From there, you can select your objections and responses before asking the software to create a Word document, which can be edited and signed before being sent back to the opposing counsel or your CMS (case management system).

How Briefpoint Can Help

Under these assumptions, you save $20,477 using Briefpoint, per year, per attorney.

Test Briefpoint yourself by scheduling a demo here.

Overview Of Interrogatories In Discovery (2024 Full Guide)

Interrogatories are a fundamental element of legal practice. Attorneys almost always must submit requests to the other party to obtain case information.

However, going about this process properly is challenging. Without a complete picture of the facts of a case, it is tough to draft relevant or suitable questions and balance the need to provide information with the duty of cooperation. Legal professionals must protect privileged data while managing the cost of the process, always considering billable hours.

Therefore, we wrote this guide to help. It provides an overview of how to collect and disperse critical information during litigation while avoiding the common pitfalls that drain even the most experienced legal professionals. Following it will improve the likelihood of crafting effective interrogatories that improve case trajectories and enable you to serve your clients better.

Understand The Purpose Of Your Interrogatories

The first step is to get clear on the purpose of your interrogatories. You want to know what you are trying to achieve.

Most interrogatories have multiple objectives, so bear that in mind.

For example, the interrogatories may want to:

Obtain factual information about the case. Wanted data might include requests for details about the parties involved, the potential damages, and what happened in the minutes, hours, or days preceding the cited events.
Discover documents. Paperwork might include financial records, contemporaneous written witness testimonies, police reports, and witness statements.
Identify applicable legal theories. Approaches could include questions about the case law precedents or statutes the opposing parties want to use to pursue a case.
Find witnesses. People who saw events unfold can enable the exploration of potential testimonies.

Learn To Respond Effectively To Interrogatories

As a legal professional, responding to interrogatories is a regular requirement. However, getting it right as a legal professional is challenging. There are no easy formulas. The usual advice revolves around providing “complete and truthful” answers, but everyone knows that already.

A better rule of thumb is to provide accurate answers. Focusing on the nitty-gritty details of what existing documentation already says is perhaps the optimal approach. Taking what the court already knows as the foundation of responses can help balance client needs with the demand for truthfulness.

When writing responses, always support them with documentation to support your answers if you have concerns. Cover yourself legally.

You can also object to unreasonable requests if you feel they are overly broad or don’t capture the essence of the care. Avoid submitting irrelevant information.

Lastly, don’t rely on manual processing of interrogatories. Instead, use advanced AI technology to support your responses. Get machine learning software to sift through submissions, extract relevant information, and draft responses for you. Then, review and edit outputs to suit your client’s requirements and tailor the case to your needs. Avoid spending hours manually reviewing and filing every request you receive.

(Taking this last approach could enable you to explore alternative funding approaches. You may be able to abandon billable hours in favor of a more predictable service provision).

Draft Interrogatories Strategically

As experienced attorneys know, drafting interrogatories is time-consuming. Therefore, always approach the task strategically.

Only ask specific questions that address the crux of the matter where possible. Avoid board or vague questions. The opposing party’s legal team may simply file objections against these, citing irrelevance, wasting your time.

Also, ask questions sequentially. Build a picture logically. Get the opposing side to answer an interrogatory that naturally leads to another. Force the opponents to follow your train of reasoning, reducing their capacity to oppose your interrogations through generic means.

Be sure to ask questions that help you better understand the case’s facts. Gather relevant information where you currently have blind spots and can’t pursue facts further from your side using witness accounts or documentation.

Also, ask questions that might reveal the opposing party’s perspectives on the case. Try to get an insight into how their side views events, including a timeline of occurrences relating to the incident in question.

Don’t wait too long to submit your interrogatories. Always follow the court’s rules and regulations, preferably administering them immediately to ensure you remain within the rules and put the other side on the defensive.

Deal WIth Objections And Motions Effectively

If you receive an objection or motion, it can be challenging to know how to respond, even as an experienced attorney. Unfortunately, these comebacks are common, even if you follow legal best practices for drafting interrogatories. You will get some baseless responses, often to delay proceedings.

Processing all of these is time-consuming so, again, rely on AI assistance. Get machine learning to extract the fundamental information and draft responses on your behalf that seek to oppose the idea that any objection is baseless.

Use these tools to review responses and look for opportunities to compel action from the opposing side. Ask whether the statute supports their claims of over-generality or whether they are engaging in excessive tactics to slow everything down. If it does, continue to press the opposing side for information.

If their objections persist, go back to the court. You may be able to get them to force the opposing side to disclose information relevant to the case.

If interrogatories ask you to disclose privileged or confidential information about a client, seek protective orders from the court. Avoid handing over sensitive information without first exploring this option.

Tools like Briefpoint provide this functionality within the app. AI systems can add objections and responses to your response, enabling you to quickly make requests and reply to the opposing party without extensive time-consuming email chains or endlessly poring over documentation.

How BriefPoint Can Help

Managing interrogatories was previously a minefield for attorneys. However, AI tools are streamlining all aspects of the process, whether you are on the giving or receiving end.

If you’re skeptical of software to provide solutions, Briefpoint offers a demo so you can experiment with it yourself. You can see how it works in practice and whether it improves your workflow.

Document Automation For Lawyers (2024 Step-By-Step Guide)

As AI continues to play an increasingly vital role across all business verticals, law firms, and litigation attorneys across the country are naturally looking for ways to tap into its potential. Document automation for lawyers is one of the standout candidates, especially in relation to the Discovery Response process.

Whether representing a plaintiff or defendant, the discovery process is an essential part of the pre-trial legal procedure. Briefpoint is a dedicated tool designed specifically with document automation for lawyers in mind and will transform your approach to business forever. Here’s why it is the smartest investment you could ever make heading into 2024 and beyond.

What Is Automated Discovery Response?

As a successful law firm or litigation attorney, you will already be familiar with the discovery process and its purpose of enabling the two teams (defendant and plaintiff) to request and exchange information in a legally sound manner.

Your formal reply to this request is the discovery response and you will have three potential responses;

Comply – if the request is fair and relevant, you can accept it and supply the information that you’ve been asked for.
Object – when the other party asks for information that may not be relevant to the course, you can decide to object on behalf of your client.
Ignore – you can also decide to ignore the request until the other party obtains a court order for you to release the information.

For many years, law firms and attorneys had no choice but to complete either discovery responses through manual methods. However, thanks to Briefpoint, this process can now be streamlined through a combination of AI-supported procedures and document automation.

Test Briefpoint yourself by scheduling a demo here.

The Benefits Of Document Automation For Lawyers

Understanding the basics of what AI and document automation for lawyers can do is one thing. However, it can be difficult to take the leap of faith or change your approach to legal matters until you truly see the benefits. Here’s why Briefpoint is the perfect solution for attorneys and law firms.

1. AI-Supported Discover Responses Save Time

The most obvious reason for using AI and automation in any aspect of life is to save time. Briefpoint AI’s ability to read the opposing counsel’s PDF before listing each request translates to time savings. Meanwhile, Word document generation occurs in seconds whereas this could manually take you hours. Average time savings per document are 87%.

Every minute saved on this admin allows you to focus on building your client’s case rather than supplying info for the other party. It could additionally enable you to take on a higher number of cases each month, which translates to increased revenue opportunities.

2. AI-Driven Discovery Responses Save Money

Time is money, so the benefits of saving time will translate to financial benefits. The Rainmaker $89 per month package is statistically shown to save attorneys $91 per discovery set. Meanwhile, there are no hidden fees like implementation costs and you won’t need to worry about expensive training. Any attorney with basic IT proficiency can use the software.

The financial savings are further supported by the fact you’ll have unlimited uploads, downloads, and documents. From a financial perspective alone, discovery response document automation for lawyers is the ultimate addition.

3. It Removes The Reliance On Outside Counsel

Given the time and money often dedicated to traditional discovery response protocols, many law firms use outside counsels. If they aren’t using Briefpoint themselves, they’re probably billing you for a lot of hours. The switch to AI-supported discovery response allows you to break free from the reliance of an external party while also putting you in full control.

Internal approaches become more accessible and less time-consuming. In most cases and territories, you are obligated to respond to requests within 30 days. When matters are taken care of internally, you remove the threat of missing this due to your external counsel.

4. Document Automation For Lawyers Stops Human Error

Whether you currently handle matters internally or through an outside counsel, the manual approach always leaves the door open to the risk of human error. For example, a particular request may be overlooked or you may provide information that you could have rejected on the grounds of it being irrelevant to the case.

With discovery response document automation for lawyers software at your disposal, everything from the content to the layout of the generated documents will be right. It also supports accurate spelling and grammar, which allows you to maintain professionalism.

5. Every Document Is Standardized

When sending a discovery response to the opposing counsel via your CMS or other channels, it must meet all expectations. Moreover, it should look professional. The use of document automation for lawyers enables you to create a template that can be used for all future responses, incorporating elements like your logo and digital signature.

Aside from satisfying legal obligations, it makes it easier for you and your client to go over the document if ever needed. This enables you to understand what information was requested, what was provided, and why any requests were denied.

6. Get Automated Help When Needed

Most people who use Briefpoint AI will address the list of requests themselves. However, you can click a button from the dashboard that lets the AI make suggestions on the appropriate action for each request. The generated Word document can show automated responses to provide details of why you have rejected a request. Try the free trial to see the dashboard.

The automated suggestions can all be edited where applicable. So, you can easily overturn a suggestion or add further information to a rejected request within your response. Again, you will be able to complete the entire process within minutes rather than hours.

7. Use It For All Case Types

Before implementing any new procedure or tech features, you need to know that they are relevant to your business. Discovery requests and responses may be required across an extensive range of cases including family law, personal injury claims, and any other case where two parties are trying to prove their version of events or reach a desired outcome.

Whichever niche your law firm operates in, document automation for lawyers through Briefpoint AI will deliver great results regardless of which state you work in. Furthermore, the AI-driven tools are suitable for attorneys who take on cases in multiple fields of law.

8. Comply With Data Privacy Regulations

Data privacy isn’t only vital for attorneys. Data breaches in the U.S. quadrupled over a decade starting from 2012. When working with the sensitive data associated with clients and their opposition, you simply cannot afford to fall victim. In addition to providing an efficient and convenient solution, Briefpoint AI is highly secure.

After all, the document automation for lawyers software is a cloud-based package. This comes with extra layers of protection. On a side note, it means that people with the right credentials (you and your team) can access cases and documents from multiple devices.

9. Briefpoint Supports Propounding Discovery Too

While efficient discovery response protocols are vital for meeting legal obligations and staying organized, you must not forget that there is a two-way exchange of information between the parties. Regardless of which side you represent, it may be necessary to request information to help build the case. The formal process is known as propounding discovery.

As with responses, AI-powered propounding discovery requests can be completed via standardized templates and automated document generation that can then be added to your CMS or officially submitted. The process could not be straightforward.

10. It Gives You Confidence In Business

Every practicing law firm knows that it is a highly competitive arena. The leading 100 U.S. legal firms generate $130.8bn but your company can only generate revenue if it attracts clients. To maintain the reputation required to keep winning contracts over your competitors, you must be prepared to evolve. This is especially true concerning technology.

When you do, though, it can be the catalyst for added self-assurance. After all, in addition to the direct benefits of document automation and AI-supported discovery responses, you will be free to provide the best comprehensive services to all clients.

Conclusion

Given that discovery response is a procedure that primarily supports the opposition, it’s quite understandable that this assignment won’t be at the forefront of your thinking. In reality, though, it’s in the best interest of your client as well as the other party to get this under control.

How Briefpoint Can Help

Under these assumptions, you save $20,477 using Briefpoint, per year, per attorney.

Test Briefpoint yourself by scheduling a demo here.

How To File A Motion To Compel (Checklists and Guides)

Legal parties aren’t always cooperative. While the law might state they must supply information to you before a trial, they can be noncompliant.

These tactics are understandable, but they don’t always fall within the scope of the law. Parties may be breaching proper procedures and could face court sanctions, such as the imposition of legal fees or contempt of court charges where noncompliance persists.

Motion-to-compel tools are essential for ensuring justice. These assist with information discovery by getting the court to force the opposing side to release data pertinent to the case. Understanding how to use these effectively can thwart other parties and force them to submit legally required information.

When To File A Motion To Compel

There are numerous situations in which filing a motion to compel becomes essential. Here are some examples when you may need to use one.

Parties Are Unresponsive To Interrogatories

In some cases, parties will be unresponsive to interrogatories. Opposing sides will not provide requested information or documentation and fail to give an acceptable legal response.

Failing to provide answers to interrogatories can severely hinder your capacity to prepare for a trial and put your client’s case at risk. Lacking timely information in the courtroom could undermine your strategy and render your case irrelevant or ineffective.

Parties Won’t Produce Documents

You may also need a motion to compel if parties refuse to supply suitable documentation. Not offering paperwork jeopardizes a fair outcome and encourages misconduct by the opposing team. It can also delay resolutions to cases, dragging out proceedings unnecessarily for everyone.

Parties Are Deliberately Obstructing Information Discovery

Parties deliberately obstructing information discovery is another circumstance where a motion to compel might become necessary. Opposition attorneys may withhold information to protect their defendant or make blatantly frivolous objections with no standing in case law.

How To File A Motion To Compel

If the opposing party fails to cooperate or you suspect foul play, you should file a motion to compel. It upholds proper legal practices and ensures the fairest outcome for your client.

However, filing such motions is challenging and requires following a strict legal process. You must adhere to it correctly to avoid further objections or delays with the court.

Here’s what to do:

Meet And Confer With The Opposing Party

Before filing a motion to compel, you must exhaust other avenues of communication with the opposing party. Meeting and conferring with them shows you exhibited good faith in trying to resolve the discovery issue.

Ensure you document this meeting in writing to submit it to the court later. Include things like the topic of conversation and any agreements you make with the parties involved.

Prepare Your Motion To Compel

If parties still fail to comply with your discovery requests, you should prepare a motion to compel. Ensure you follow established formats to avoid confusion or rejection for failing to provide the correct information.

A motion to compel contains:

The name of the court.
The docket number.
The names, addresses, and details of the parties involved.
A summary of the case that provides context.
A list of discovery requests the opposing party did not comply with.
A list of accompanying reasons explaining any non-compliance.
Reasons why the court should support discovery.

The last element is critical. Courts will only issue a motion to compel if you can provide reasonable cause for the opposing party to comply with your request.

Acceptable reasons courts may accept include things like:

Failure to release medical records relevant to a case
Failure to supply expert deposition questions
Getting in the way of discovery by abusing the rules of conventional legal proceedings to cause delay or incur higher costs on the opposing party
Failure to take part in depositions
Failure to supply documents relevant to the case

The more accurate you can make your objective, the more likely the court will grant your motion to compel. Whatever reason you choose must align with the circumstances of the case.

Serve The Motion

Once you complete filling out the motion to compel the application, the court will consider it. It will also explore the opposing party’s objections in response to your original petition.

You can serve motions electronically to most courts nowadays. However, many also accept paper documentation. Regardless of your chosen method, always send a copy to the opposing party’s law office.

Go To The Hearing

Sometimes, opposing parties will not comply with the motion to compel voluntarily. In these cases, you may need to go to a hearing. Courts will listen to their reasons and evidence for not complying and decide whether they can justify their resistance.

Defending Against A Motion To Compel

However, sometimes, you will be on the receiving end of a motion to compel. When this happens, you may find yourself being asked to provide information that conflicts with your clients’ rights or falls outside of the purview of the case.

Fortunately, you can also defend against these motions, helping to protect your client against unjustified intrusions. Here’s what to do:

Talk To The Opposing Party

As described above, one option is to “meet and confer” with the opposing party. Talking to them can sometimes help you resolve the issue without going through any formal court procedures. When meeting with the other side, record all relevant information, including talking points and any agreements reached.

Identify Objections

Next, look for specific objections in the motion to compel (which you should receive a copy of, along with the court). You may find the opposing side is making requests that fall outside the law.

We recommend using AI tools, like Briefpoint, for this process. Artificial intelligence-powered software can analyze documents rapidly and provide suggested objections and responses based on training on similar cases.

This software can usually find valid objections to frivolous or unfair motions to compel, protecting you and your family. Alternatively, you can enter your own or click responses from pre-designed templates.

Once you have a list of objections, you can submit it to the court for evaluation. It may agree that the opposing party’s motion to compel is vague or seeks information protected by privilege.

Carefully Read The Motion

Another pro tip is to read the motion carefully. Reviewing it with a fine tooth comb helps you better understand what the opposing party wants.

Sometimes, you can skim-read a motion to compel and come away believing it is asking for more probing information. Therefore, always read the small print to understand the nature of the discovery request.

AI tools shorten this process by reading the nitty-gritty details for you. Then, you can respond to the original submission using click-to-add objections.

File Your Response

Don’t forget to file your response with the court. Submit documentation that explains why the motion to compel is invalid.

If the court requires a hearing, ensure you attend. Being there allows you to make your case to oppose the motion.

Be Prepared To Compromise

Finally, you may need to compromise with the opposing party to avoid going to court in some cases. This tactic might involve disclosing some information while protecting other sensitive data.

Conclusion

Motion to compel is an essential legal tool for thwarting uncooperative parties. But people can also abuse them.

Your best defense is to understand how it works. Knowing how to respond appropriately in each case can help you defend against spurious objections and motions.

Fortunately, AI tools can help, as previously mentioned. Artificial intelligence is now advancing to the point where it can understand and interpret documents, helping you save time.

How Briefpoint Can Help

Under these assumptions, you save $20,477 using Briefpoint, per year, per attorney.

Test Briefpoint yourself by scheduling a demo here.

11 Quick Tips to Improve Law Firm Profitability (Using AI)

What is Law Firm Profitability Analysis and Why Does it Matter?

Profitability Ratios

Profitability Metrics Your Law Firm Should Know

Utilization Rate

Realization Rate

Case Lifecycle Cost

Accounts Receivable

Outstanding Work-in-Progress Fees

Revenue Per Lawyer

Billing & Collection Turnover

Profit Margin

Top 10 Tips to Increase Your Law Firm’s Profitability

Optimize Billing Practices

Expand High-Profit Areas

Improve Client Selection and Retention

Monitor Key Financial Metrics

Enhance Attorney Performance

Identify Areas for Improvement

Focus on Client Satisfaction

Develop a Strategic Marketing Plan

Foster a Profitable Firm Culture

Automate Discovery Document Drafting

Reduce Operational Costs with Document Automation

Optimize Your Law Firm’s Profits with Briefpoint

FAQs About Law Firm Profitability

How can law firms improve their utilization rate?

What strategies can help increase the realization rate?

How does monitoring profit margin help law firm profitability?

Best 5 Gavel Software Alternatives in 2024

Briefpoint

Rally

Hotdocs

Woodpecker

PandaDoc

How Briefpoint Can Help You

FAQs About Gavel Alternatives

What Can You Do With Legal Document Automation Software?

What Is The Best Gavel.io Alternative?

What to Look For In Legal Document Automation Software?

Responding to Interrogatories in California

Overview of California Interrogatories

Interrogatory Obligations

Rules for Responding to Interrogatories

Objection to Interrogatories

Client Verification

Serving the Interrogatories

Supplemental Your Interrogatories

Deadline for Responding to Interrogatories

Failing to Respond on Time

Conclusion

How Briefpoint Can Help You

The Work Product Doctrine in California (2024 Guide for Litigation Attorneys)

The Work Product Doctrine Overview

Work Product Protection Purpose

What is Protected by the Work Product Doctrine?

Who Owns the Protection?

Exceptions to Work Product Protection

Waiving the Protection

Conclusion

Briefpoint Litigation Software

Propounding Discovery: Streamlining In 2024

Propounding Discovery Overview

Your Obligations During Propounding Discovery

The Benefits Of Using Software For Propounding Discovery

Software Features That Let You Streamline The Propounding Discovery Process

Template Libraries

Automated Drafting Tools

Checking Compliance

Understanding How Propounding Software Can Streamline Discovery

How Briefpoint Can Help You

FAQs In Relation to Propounding Discovery

What does propounding discovery software do?

How do you write a propounding discovery request?

Can you edit requests in propounding discovery software?

Discovery Responses: How Can Software Help?

Discovery Responses Overview

Responding to opposing an opposing party’s requests for information can be time-consuming and cognitively challenging. Unfortunately, many law firms have become accustomed to using manual paperwork to deal with these.

Improving The Review Process

Building Strong Responses