Trial Preparation for Plaintiff Firms

Law Courts Center Case Planning Procedures Course Materials v120115.doc

Law Courts Center

Case Planning Procedures Course Outline

Version January 15, 2012

Name: ______

Date of Course:

Summary of Marks:

Pre-Course Work (20%

Participation (20%)

In-course Exercise (20%)

Post-Course Work: (40 %)

Minus 5% per day late demerit (if applicable)

Total /100%

Remarks

For continuing professional development reporting purposes to the Law Society of British Columbia, this seminar is 4.0 hours long. It includes 4.0 hours of training in professional responsibility and ethics, client care and relations and practice management.

Upon the completion of a seminar, you will receive one of these two types of certificates - attendance or completion. The Certificate of Completion indicates that you attended the seminar, participated in the discussions, completed the pre and post course work and achieved a minimum mark of 70%.

Learning Outcomes

to identify the characteristics of a Fast Track action;
how Fast Track Trials costs differ from costs for regular actions;
how to draft a Case Planning Proposal;
how to use a Case Planning Conference as an alternative to a chambers application;
what the differences are between a Case Planning Conference and a Trial Management Conference; and
understand how to draft a Trial Brief.

Course Pre-requisite

This course is open to members of the Law Society of BC, specially to those who work in small practices. Members of support staff are also welcome.

Law Courts Center Case Planning Procedures Course Materials v120115.doc

Primary Teaching Tools

1. Mini-lectures for all six learning outcomes;

2. Pre-course work for the participants to work on learning outcomes #1 and 5;

3. In-course work for the participants to work on learning outcomes # 3; and

4. Post-course work to enable the students to demonstrate the key points to all the outcomes.

Presenters Staff:

Dee Rogers, Instructor

Dom Bautista, Facilitator and Course designer

Schedule

09:00 Introductory Remarks and expectations

09:15Fast Track

- review Rule 15-1

- discuss characteristics

- how to initiate (Form 61)

- CPC required

- discovery limitations

- setting trial dates under Fast Track

- costs

10:15Coffee

10:30Case Planning Conferences

- review Part 5

- discuss the purpose of a CPC

- how to initiate (Form 19)

- who must attend

- drafting a CPP (Form 20) with exercise

- Case Plan Orders (Form 21)

- amending CP Orders

- strategies for using CPC as an alternative to a chambers application

11:45Coffee

12:00Trial Management Conferences

- review Rule 12-2

- discuss the purpose of a TMC

- how to initiate (Form 17)

- who must attend

- drafting a Trial Brief (Form 41)

12:45- questions

- review pre-course assignment

- review post-course assignment

1:00 Questions

Pre-course work

To facilitate your learning and to make good use of your time with us, we ask that you submit these before class. [30 marks]

For your pre-reading: please take a moment to review:

Rules: 15-1, 5-1 to 5-4,12-2 and 7-4.

As well, please bring a redacted Case Planning Proposal that you have prepared or are familiar with and one that you have received in response (names blanked out of course).

Pre-course Assignment

1. What is the purpose of (3 marks):

a. Fast Track Procedure

b. Case Planning Procedure

c. a Trial Management Conference

2. Describe two benefits to Fast Track procedure over regular litigation. (1 mark)

3. How many Case Planning Conferences may be held during the life of an action?
(1 mark)

4. If an order is made at a Trial Management Conference and signed by the Trial Management Judge, do the lawyers have to sign the order too? (2 marks)

Yes No
What is the authority for your answer?

5. Describe 1 thing that you find difficult or do not understand about: (3 marks)

a. Fast Track Procedure

b. Case Planning Procedure

c. Trial Management Conferences

Total = 10 marks x 2 = 20% of the course mark