Noyes: A short phone call can change the dynamic of a case

May 7, 2014
Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Focus

By Jon Noyes

During the summer of last year, I was supporting litigation in a rather unfortunate product liability case. The product at issue had exploded into our client’s face, but the explosion caused the product to shatter into pieces so tiny that only a small portion could be recovered. The rest of the product turned to dust. As time pressed on, it became painfully clear that we simply did not possess enough of the recovered product for our expert to complete the testing he needed to opine that the product was defective. After all, there cannot be a product liability case without a product.

noyes Noyes

It was only after going back to the drawing board that we found a solution. In initial interrogatories, we asked the defendant whether there had been any other complaints of the same type of product exploding during use. As it turned out, there were two. I entered the individuals’ names into the Public Access to Court Electronic Records system hoping that there would be something, anything, giving us a lead as to where to go next. Luckily, one of the other individuals filed suit against the same defendant in another district.

I called the plaintiff’s attorney on the other case hoping to trade some ideas on moving forward. The attorney was also faced with the problem of a disintegrating product, but had found an expert with the specialized knowledge required to render an opinion. He had even deposed one of the defendants. The attorney gave me the name of his expert, we traded non-protected information, and I directed him to some cases useful in defeating an oncoming dispositive motion. Our firm got in touch with the expert and hired him. The rest is history.

The point of this story is that a challenging issue can often be resolved by simply communicating with an attorney that has encountered the same issue or something similar in the past. All it takes is picking up the phone and making the call. Attorneys who have experienced these tough issues can help with propounding targeted discovery seeking seemingly elusive documents, providing deposition transcripts of adversarial parties and their experts, forming legal arguments, and finding useful cases or briefs needed to win motion practice. These attorneys may also have the added value of hindsight if the issue was disposed of in their case.

Most importantly, it never hurts to hear someone else’s perspective on similar issues. Another attorney may be analyzing similar factual and legal issues, but have a different perspective regarding the best way to move forward. Hearing the attorney’s perspective and adding your own to the discussion helps both parties round out strengths and weaknesses of their respective cases. In fact, it can be a cost-effective and efficient form of litigation support.

There are a number of ways to make use of other attorneys in this way. Listservs are the most obvious medium. They often draw from large pools of attorneys and can cover issues ranging from broad litigation strategy to specialized bodies of law. However, Listservs are only as strong as their members. If the majority of the members are active, then Listservs can thrive. If the majority of members are inactive, or relegate Listserv emails to a rarely visited folder, then its utility can diminish greatly. Moreover, although a Listserv email can provide some insight into a difficult issue, a personal conversation may be a more productive medium for a fluid exchange of ideas.

A combined use of discovery and electronic court records is another way to track down support. Interrogatories requesting the names of other complainants, or captions of other cases, concerning similar issues provide a cost-effective means of securing this information. However, opposing parties are often reluctant to provide this information and, in fact, may object on relevance grounds. For individuals and smaller businesses, a quick search on Odyssey or PACER may also prove fruitful. These references allow attorneys to see whether an opposing party is involved in any other lawsuits in participating Indiana counties or at the federal level. PACER is especially helpful because it also allows individuals to conveniently download documents from a case’s docket at a reasonable cost.

These methods make for great jumping-off points, but the onus is on the attorney to make the phone call. After all, the practice of law is, at its heart, a social profession that builds from communications with others. We use authority and communications with our clients and witnesses to make arguments to the court and our adversaries. Opinions are crafted and settlements are agreed on from those arguments; the former become new authority. Other attorneys then use that new authority and the cycle continues. Networking with other attorneys on substantive issues is a natural extension of this cycle as it allows us to broaden our base of communication and, in doing so, better serve our clients. All it takes is some elbow grease and a phone call.•


Jon Noyes earned his J.D., cum laude, from the Indiana University Robert H. McKinney School of Law in 2013. Jon joined Wilson Kehoe Winingham as an associate attorney in 2013. The opinions expressed are those of the author.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.