6.4 Baseline for Production and Supervision of Legal Work – Advanced Editing for Appellate Brief and Major Litigation

Needed capacities or functions - Advanced Editing for Appellate Brief and Major Litigation

Some programs may do minimal or no major litigation or appellate briefing and should tailor the acquisition of technology for these purposes to its program needs accordingly.  

For programs that engage in major litigation or appellate briefing: 

  1. Train staff and provide technology tools to assist staff in working collaboratively on the production of large projects, such as appellate briefs and major litigation. Some programs can make such tools available by co-counseling with private law firms or similar agreements. Therefore, "access" to tools in this baseline is not necessarily "ownership" of the tool or a program-specific license.  

  2. Provide tools that allow staff to simultaneously edit and maintain a version history of collaboratively produced documents. 

  3. Provide PDF editing software to add and remove pages, automatically redact sensitive information, rearrange pages, and add running headers and footers (e.g., Bates numbering) 

  4. Staff who work on appellate briefs should have tools to produce and maintain tables of contents, tables of authorities, and citations. 

  5. Staff should have an electronic method to organize discovery, including the ability to tag, add Bates stamps, and find relevant discovery responses. 

Important Considerations and Best Practices 

Organizations that handle large litigation cases or appeals should have tools to effectively produce briefs and manage litigation that requires sifting through discovery. Depending on program needs and size, an organization that conducts major litigation or appellate briefing can look to any combination of tools, such as: 

  • Modern operating systems ("OS") like Windows and Apple OS could generate PDFs natively. 

  • Microsoft Office has basic features to manage citations, but commercial tools and free tools, such as Zotero, have additional features that improve ease of use. Commercial tools, including Lexis for Microsoft Office, can automatically recognize citations and generate a table of authorities when required by local rules. 

  • Document management platforms have powerful features for managing discovery, but even basic cloud document tools, such as Microsoft's OneDrive and SharePoint, support tagging and finding text inside a large document library. 

  • Examples of PDF software that can handle brief production needs include Adobe, Nuance PDF Converter Pro, Foxit PDF Reader, and PDF Xchange Pro.