Workload Drivers: Two tabs of drivers, for capital and non-capital habeas?

Question: I have noticed that there are two Workload Driver tabs available when I look at our non-capital habeas cases in defenderData: the “trial” workload drivers, and the “non-trial” workload drivers.

Can and should we be coding non-capital habeas cases with workload drivers from both the trial, and the non-trial, workload driver tabs?

Answer: Yes, and yes. 

Both Workload Driver tabs are available to non-trial cases, and those non-trial cases should be coded with drivers from both tabs.

Non-trial cases (capital habeas, and non-capital habeas) trigger specific “Chapter 18” codes in defenderData. For habeas cases that are opened under those codes, dData has been programmed to allow access to both the “trial” and the “non-trial” Workload Drivers. Applicable drivers from both of those tabs should be coded to these habeas cases.

This effectively doubles the set of available drivers for habeas cases, and will provide more information to explain resource requirements for that category of cases. 

We anticipate that the “non-trial” drivers will generally be the best fit for habeas cases, and expect to see most of the drivers selected there. The non-trial drivers, however, may also provide insight and should also be coded if applicable.

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FAQ: Motion work, and Task Codes ATTY08 and ATTY09

Question:
I am confused about which task code to use because there is substantial overlap between ATTY08, Research and Draft Motions/Habeas Pleadings and ATTY09, Prepare for Hearings on Motion/Pre-Trial, Post-Trial, or Habeas Proceedings. Both seem to describe research, preparing and drafting motions, pleadings, etc.  We have decided to interpret ATTY08 to apply for substantive legal research and writing in the case, and ATTY09 to apply to other preparation for motions that is not drafting a pleading.

Answer:
That is a reasonable interpretation of a duplication in the task codes. ATTY08 is better used for preparing substantive motions: for example, writing and filing the suppression motion.

ATTY09 is best used when there is additional research, and possible supplemental motion work, on the eve of or after the hearing. For example, a late-breaking case requires a supplemental brief before a hearing, an evidentiary issue needs to be briefed mid-hearing, or the Court has asked for supplemental briefing on a discrete issue after a hearing.

We anticipate that the majority of the billing in this area will be to ATTY08, as we research, prepare, and draft motions, memoranda and briefs relating to (non-sentencing) issues. Sentencing motion work should be billed to its own tasks, ATTY18 and ATTY19.

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FAQ: Non-Capital Habeas Task Codes

 

Question: Where are the task codes for non-capital habeas cases?

 

Answer: The task codes for non-capital habeas cases are in the "Non-Trial Packet" and explained in the associated Work Center Description. 

 

That Non-Trial packet can be found here. 

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FAQ: Communication with Co-Counsel

Question: 
I work in a CHU and cannot find the correct task code for communicating with outside capital co-counsel.

Answer: 
You should treat communication with outside capital co-counsel as if you are brainstorming and meeting with other lawyers in the office or co-defendant counsel about various parts of our cases.  Keep in mind that anyone can bill to any task code as long as it accurately describes your work.  Review the Work Center Descriptions and look to those sub-tasks with a meeting or preparation description.  

Here are some examples: ATTY09 (Non-Trial WCD 12.9 Prepare for hearing on motions/pre-trial, post-trial, or habeas proceedings); ATTY08 (Non-Trial WCD 12.8 Research and draft motions/habeas pleadings); ATTY07 (Non-Trial WCD 12.7 Conduct other case-related communications); COMM02 (Non-Trial WCD 8.2 Communicate and/or meet with client); INVE01 (Non-Trial WCD 10.1 Meet, plan, analyze needs for mitigation, investigation needs, and outcomes); APP02 (Non-Trial WCD 13.2 Conduct appellate research); LA02 (Non-Trial WCD 4.2 Provide trial/habeas/habeas appeal support). 




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FAQ: Communication with Opposing Counsel

Question: 

I am a habeas lawyer and just emailed the prosecution to ask for an extension of time on my petition. What task code should I use to record my time?

Answer: 
COMM03 (8.3 Communicate with third parties; Non-Trial WCD 8.3.2 Speak and/or meet with prosecution) 




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