Litigation Code Set

Do NOT use the Codes that are struck out.

The highlighted Codes are what you will use most often.
Litigation Code Set
L100 Case Assessment, Development and Administration

L110 Fact Investigation/Development

L120 Analysis/Strategy
L130 Experts/Consultants
L140 Document/File Management
L150 Budgeting
L160 Settlement/Non-Binding ADR
L190 Other Case Assessment, Development and Administration
L200 Pre-Trial Pleadings and Motions
L210 Pleadings
L220 Preliminary Injunctions/Provisional Remedies
L230 Court Mandated Conferences
L240 Dispositive Motions
L250 Other Written Motions and Submissions
L260 Class Action Certification and Notice
L300 Discovery
L310 Written Discovery
L320 Document Production
L330 Depositions
L340 Expert Discovery
L350 Discovery Motions
L390 Other Discovery
L400 Trial Preparation and Trial
L410 Fact Witnesses
L420 Expert Witnesses
L430 Written Motions and Submissions
L440 Other Trial Preparation and Support
L450 Trial and Hearing Attendance
L460 Post-Trial Motions and Submissions
L470 Enforcement
L500 Appeal
L510 Appellate Motions and Submissions
L520 Appellate Briefs
L530 Oral Argument
A100 Activities
A101 Plan and prepare for
A102 Research
A103 Draft/revise
A104 Review/analyze
A105 Communicate (in firm)
A106 Communicate (with client)
A107 Communicate (other outside counsel)
A108 Communicate (other external)
A109 Appear for/attend
A110 Manage data/files
A111 Other
Counseling Code Set, Project Code Set, Bankruptcy Code
Set
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| Participants and Liaisons | Disclaimer & Copyright

Activity Codes
A100 Activities
A101 Plan and prepare for
A102 Research
A103 Draft/revise
A104 Review/analyze
A105 Communicate (in firm)
A106 Communicate (with client)
A107 Communicate (other outside counsel)
A108 Communicate (other external)
A109 Appear for/attend
A110 Manage data/files
A111 Other
Litigation Code Set
Overview | Litigation Code Set | Sample Budget Format | Definitions | Background, Definitions, Principles,
and Assumptions | Participants & Liaisons | Disclaimer & Copyright

Litigation Code Definitions

The Litigation Code Set is intended for use in all adversarial matters including litigation, binding arbitrations,
and egulatory/administrative proceedings. The following definitions elaborate on the intended scope of each
phase and task and should guide attorneys in coding time.

L100 Case Assessment, Development and Administration. Focuses on the case as a whole, the "forest"
rather than the "trees".
L110 Fact Investigation/Development. All actions to investigate and understand the facts of
a matter. Covers interviews of client personnel and potential witnesses, review of documents to
learn the facts of the case (but not for document production, L320), work with an investigator,
and all related communications and correspondence.

L120 Analysis/Strategy. The thinking, strategizing, and planning for a case, including
discussions, writing, and meetings on case strategy. Also includes initial legal research for
case assessment purposes and legal research for developing a basic case strategy. Most legal
research will be under the primary task for which the research is conducted, such as research
for a summary judgment motion (L240). Once concrete trial preparation begins, use L440 for
trial strategy and planning.

L130 Experts/Consultants. Identifying and interviewing experts and consultants (testifying or

non-testifying), working with them, and developing expert reports. Does not include preparing
for expert depositions (L340) or trial (L420).

L140 Document/File Management. A narrowly defined task that comprises only the
processes of creating and populating document and other databases or filing systems.
Includes the planning, design, and overall management of this process. Work of outside
vendors in building litigation support databases should be an Expense.

L150 Budgeting. Covers developing, negotiating, and revising the budget for a matter.

L160 Settlement/Non-Binding ADR. All activities directed specifically to settlement.

Encompasses planning for and participating in settlement discussions, conferences, and
hearings and implementing a settlement. Covers pursuing and participating in mediation and
other non-binding Alternative Dispute Resolution (ADR) procedures. Also includes pre-litigation
demand letters and ensuing discussions.

L190 Other Case Assessment, Development and Administration. Time not attributable to
any other overall task. Specific use in a given matter often may be pre-determined jointly by the
client and law firm.

L200 Pre-Trial Pleadings and Motions. Covers all pleadings and all pretrial motions and procedures other
than discovery.
L210 Pleadings. Developing (researching, drafting, editing, filing) and reviewing complaints,
 answers, counter-claims and third party complaints. Also embraces motions directed at
pleadings such as motions to dismiss, motions to strike, and jurisdictional motions.

L220 Preliminary Injunctions/Provisional Remedies. Developing and discussing strategy for

these remedies, preparing motions, affidavits and briefs, reviewing opponent's papers,
preparing for and attending court hearing, preparing witnesses for the hearing, and effectuating
the remedy.

L230 Court Mandated Conferences. Preparing for and attending hearings and conferences
required by court order or procedural rules (including Rule 16 sessions) other than settlement
conferences (L160).

L240 Dispositive Motions. Developing and discussing strategy for or opposing motions for
judgment on the pleadings and motions for complete or partial summary judgment, preparing
papers, reviewing opponent's papers, defensive motions (e.g., motion to strike affidavit
testimony, Rule 56(f) motion), and preparing for and attending the hearing.

L250 Other Written Motions/Submissions. Developing, responding to, and arguing all
motions other than dispositive (L240), pleadings (L210), and discovery (L350), such as motions
to consolidate, to bifurcate, to remand, to stay, to compel arbitration, for MDL treatment and for
change of venue.

L260 Class Action Certification and Notice. Proceedings unique to class action litigation and
derivative suits such as class certification and notice.

.L300 Discovery. Includes all work pertaining to discovery according to court or agency rules.
L310 Written Discovery. Developing, responding to, objecting to, and negotiating
interrogatories and requests to admit. Includes mandatory meet-and-confer sessions. Also
covers mandatory written disclosures as under Rule 26(a).

L320 Document Production. Developing, responding to, objecting to, and negotiating
document requests, including the mandatory meet-and-confer sessions to resolve objections.
Includes identifying documents for production, reviewing documents for privilege, effecting
production, and preparing requested privilege lists. (While a general review of documents
produced by other parties falls under this task, coding and entering produced documents into a
data base is Task L140 and reviewing documents primarily to understand the facts is Task
L110.)

L330 Depositions. All work concerning depositions, including determining the deponents and
the timing and sequence of depositions, preparing deposition notices and subpoenas,
communicating with opposing or other party's counsel on scheduling and logistics, planning for
and preparing to take the depositions, discussing deposition strategy, preparing witnesses,
reviewing documents for deposition preparation, attending depositions, and drafting any
deposition summaries.

L340 Expert Discovery. Same as L330, but for expert witnesses.

L350 Discovery Motions. Developing, responding to, and arguing all motions that arise out of
the discovery process. Includes the protective order process.

L390 Other Discovery. Less frequently used forms of discovery, such as medical
examinations and on-site inspections.
L400 Trial Preparation and Trial. Commences when lawyer and client determine that trial is sufficiently
likely and imminent so that the process of actually preparing for trial begins. It continues through the trial and
post-trial proceedings in the trial court. Once trial begins, lawyers who appear in court presumptively should
bill their court time to L450 Trial and Hearing Attendance. Litigation work outside the courtroom during this
phase (e.g., evenings, weekends and the time of other attorneys and support personnel), should continue to
be classified using other L400 Tasks.
L410 Fact Witnesses. Preparing for examination and cross-examination of non-expert
witnesses.

L420 Expert Witnesses. Preparing for examination and cross-examination of expert

witnesses.

L430 Written Motions/Submissions. Developing, responding to and arguing written motions

during preparation for trial and trial, such as motions in limine and motions to strike proposed
evidence. Also includes developing other written pre-trial and trial filings, such as jury
instructions, witness lists, proposed findings of fact and conclusions of law, and trial briefs.

L440 Other Trial Preparation and Support. All other time spent in preparing for and
supporting a trial, including developing overall trial strategy, preparing opening and closing
arguments, establishing an off-site support office, identifying documents for use at trial,
preparing demonstrative materials, etc.

L450 Trial and Hearing Attendance. Appearing at trial, at hearings and at court-mandated
conferences, including the pre-trial conferences to prepare for trial. For scheduling conferences
that are denominated as "Pre-Trial Conferences", but not directed toward conduct of the trial,
use Task L230.

L460 Post-Trial Motions and Submissions. Developing, responding to and arguing all
post-verdict matters in the trial court, such as motions for new trial or j.n.o.v., for stay pending
appeal, bills of costs, and requests for attorney's fees.

L470 Enforcement. All work performed in enforcing and collecting judgments and asserting or
addressing defenses thereto.

L500 Appeal. Covers all work on appeal or before a reviewing body.

L510 Appellate Motions and Submissions. Developing, responding to and arguing motions
and other filings before a reviewing body, such as motions and other filings for stay pending
appeal.

L520 Appellate Briefs. Preparing and reviewing appellate briefs.

L530 Oral Argument. Preparing for and arguing an appeal before a reviewing body.