Saturday, July 16, 2016

Federal Subpoena Duces Tecum Form in Word

The Federal Court forms website, http://www.uscourts.gov/services-forms/forms, is a tremendously useful resource, but the forms are only available in PDF format.  Often, I find that the size of the fields in these forms are smaller than I need for a given case.  It would be so much easier if the forms were made available in Word format so that they could be more flexible.

As a paralegal, the form that I use most often is probably AO 88A, which is the subpoena duces tecum or subpoena to produce documents form.  I have prepared a Word version of the form that is available for download at https://drive.google.com/open?id=0B6Zj-oo4RdabcGhHUnQ1VnhWMWc.  This document is a Word template, and it includes a dropdown list of all of the United States District Courts.  The template will help avoid accidentally saving over the original blank form as you create a new subpoena document.

Please review the form to ensure that all of the information contained in it accurately reflects all of the required information prior to using it in litigation.

If you have any questions about the form or suggestions for additional blog topics, or if I might be able to help you in some way, feel free to email me at blauney@gmail.com.

Sunday, June 19, 2016

Transcribing Digital Audio and Video Files

Occasionally legal assistants and paralegals need to transcribe audio or video recordings.  If you have ever tried to make a transcription without the benefit of a foot-pedal-controlled tape recorder, you know how difficult it can be to start, stop, and rewind a recording while typing the transcription.

Since the vast majority of recordings you may be asked to transcribe will be saved in a digital format, even if you have a tape recorder with a foot pedal, you will need to use a media player on a computer like Windows Media Player, Real Player, iTunes, etc. to play the recording.  This means you will need to click on the media player to start and stop the recording while you are typing the transcription into a document.  You spend a lot of time clicking back and forth between your document and the media player and trying to do it as quickly as possible.  It’s a real pain, and it reminds me of those “There’s got to be a better way” commercials.


Well, there is a better way, and it won't cost $19.95 plus shipping and handling.  You can create hotkeys in Windows Media Player that will allow you to control Windows Media Player without having to use your mouse and without having to leave the document in which you are typing the transcription.  With one key press each, the hotkeys will let you play/pause, rewind, and fast forward the recording without having to click out of your document.  I set up F10 to be the rewind key, F11 to be play/pause, and F12 to be fast forward.  The rewind and fast forward buttons each move the recording by five seconds.

You can download free software to enable the hotkeys at http://wmpkeys.sourceforge.net/.  Follow the instructions on this page to download and install the software.  As the instructions state, after the software is installed, you will need to open Windows Media Player and turn on the new plug-in you installed.  To turn on the plug-in, open Windows Media Player and right click on the player window.  That will bring up a window like the one below.


Select “More options…” near the bottom of the window.  This will open another window like this:


Click on the “Plug-ins” tab near the top of the window.  Select Background from the menu in the left-hand column.  You should see Wmpkeys Plugin in the box on the right side of the window like in the picture below.  Check the box to the left of Wmpkeys Plugin.  This will enable you to use the plug-in and set up your hotkeys.  Keep this same window open and click on Properties near the bottom of the window.

After you click on Properties, another window will open that will like the one in the image below.  Here you can choose the keys that control some of the basic functions of Windows Media Player.  As mentioned above, I like to use F10 for rewind by five seconds, F11 for play/pause, and F12 for fast forward.  I use these keys because I never seem to use them for any other purpose and because that arrangement puts them in a logical order for rewind, play/pause, and fast forward.  Once the keys have been selected, click OK.
 

Again, these hotkeys will allow you to control Windows Media Player and the playback of any audio or video file you need to transcribe without having to click out of the document in which you are typing the transcription.  This will save you a lot of time and avoid a lot of headaches as you make the transcription.

Here’s one last “There’s got to be a better way” clip for good measure.  This one is my favorite.

Wednesday, May 18, 2016

Using Statewide Bar Directories to Get a Response to Your Subpoena

Nearly every state’s bar association publishes a directory of its members.  Most of those directories are available to the general public online.  Being able to find contact information for attorneys can be useful in a number of ways, but it can be especially useful when attempting to follow up on a subpoena you served on a larger company.

In theory, once you have served a subpoena on a registered agent, the registered agent should notify the entity whose records you are seeking, and those records should be provided in accordance with your subpoena.  In reality, subpoenas often seem to fall into a corporate black hole, especially at larger companies, and you will need to follow up to ensure you get a response.  But who should you call?

I have had a lot of success with reaching out to the legal departments of companies as attorneys obviously understand the importance of complying with subpoenas, but it’s not always easy to find contact information for corporate legal departments.  The state bar directories that include a search field of “company” or “firm” can be used to find the attorneys that work for a given company.  If multiple attorneys are listed, I try to find the least senior attorney in the legal department based on job title or bar admittance dates.

I’ve put together a list of the websites for each state bar and their directories.  Some of the directories require a password, in those instances, I tried to find alternative directories that were available to the general public.  Whenever there is an “advanced search” option available, use it.  That is often where an option to search by company or firm can be found.

Let me know if you run into any problems or have any questions by leaving a comment below or emailing me at blauney@gmail.com.

Happy subpoena hunting!

State
General Site
Member Directory
Login Required
Alabama
No
Alaska
No
Arizona
No
Arkansas
Yes
California
No
Colorado
No
Connecticut
No
Delaware
?
Florida
No
Georgia
No
Hawaii
No
Idaho
No
Illinois
Yes
Illinois
(Public site)
No
Indiana
No
Iowa
http://www.iowabar.org/
Yes
Iowa
(Public site)
No
Kansas
No
Kentucky
No
Louisiana
No
Maine
No
Maryland
No
Massachusetts
No
Michigan
No
Minnesota
No
Mississippi
No
Missouri
No
Montana
No
Nebraska
No
Nevada
No
New Hampshire
Yes
New Jersey
http://tcms.njsba.com/
No
New Mexico
No
New York
No
North Carolina
No
North Dakota
No
Ohio
https://www.ohiobar.org
No
Oklahoma
No
Oregon
No
Pennsylvania
No
Rhode Island
No
South Carolina
No
South Dakota
No
Tennessee
No
Texas
No
Utah
No
Vermont
No
Virginia
No
Washington
No
West Virginia
No
Wisconsin
No
Wyoming
No