You have been assigned to assist Attorney Adams and Legal Assistant Ameche in organizing the Johnson case. Your firm has been using pen or pencil and a printed calendar, supplemented by an erasable board. They use an erasable board so they can do proposed time lines before marking the printed one.
There are two important hearings to schedule for this case. They all have to be for times and dates when Judge Kalend is available, as the local rules assign one judge to hear all hearings on a case. Adams and Ameche have written out recommended hearing dates for this case on the erasable board and you are assigned to check the proposed dates. At your suggestion, they have now practiced calculating dates for hearings, using Microsoft Excel, after service of notices. They used a demo calendar file to practice. Then, they did one on the Johnson case, but did not complete the work. You can do a “save as” to try different dates if needed and still not lose the first part of their proposed plan.
The first hearing has to be on a date that allows you to serve a three business day written notice to the other side. Service was made on January 2, 2015. The typed notice has to include the date of the hearing. Assume that a three business day notice under the rules requires you to serve a notice on the opposing attorney three days in advance of the hearing. You cannot count Saturdays, Sundays, and Monday holidays, and cannot count the date of service of the notice (delivery to the other law firm by one of your staff), but you do count the date of the hearing.
To better answer the assignment questions, imagine doing this for many cases. Think of how you might do this manually, with Microsoft Excel, or with a high-end legal calendaring software.
The judge has now notified your office that you can have another hearing, but must give a 14 day notice to the opposition. This notice period does allow you to count Saturdays, Sundays, and Holidays, as long as the 14th day is not on a Saturday, Sunday, or Holiday. Do not count the date of service, but do count the 14th day. Assume that you cannot schedule or serve notice of the second hearing until the day after the first hearing is completed. The date of the hearing has to be the first time Judge Kalend is available, after you have given the correct notice.
Using the attached Excell Sheet, format the hearing dates and all other data in the correct sheet rows in red.
Also, Attorney Adams has accepted a case that involves a series of harassment incidents over a long period of time at a job site. The employer is one of the defendants. To get maximum recovery, the timing of several separate incidents will need to be shown. The timing of employer responses and training need to be shown as well and be matched up with incidents. The employer claims that prompt action, remediation and training remedies were done, but the victims are claiming “too little, too late.”
It is going to be hard to get a jury to “see” the timing. Please explain in a 2 to 3 page Legal Memorandum for Attorney Adams how a time map software product may help. What brand of time line software do you recommend? Give a second choice. What are some pros and cons of each?