August 01, 2016

Letters for Litigators

Daniel I. Small and Robin Page West

Reprinted with permission from Daniel I. Small & Robin Page West, Letters for Litigators: Essential Communications for Opposing Counsel, Witnesses, Clients, and Others (ABA 2004), at 37, 49. Copyright © 2004 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

 

Simplify and expedite the effort to produce quality communications pertaining to your next litigation case with helpful, modifiable form letters.

Discovery Letter—Supplement Request

                                                            Date

Name
Company Name
Address 1
Address 2
City, State, Zip Code

            Re:

Dear _________:

             Mr. White was examined yesterday at your request by your medical expert, Dr. Cohen. Please provide supplemental discovery responses including a copy of Dr. Cohen’s report as well as all the information required by Rule 2-402(e). I would also like to take Dr. Cohen’s deposition, and would appreciate it if you would provide me with available dates to facilitate scheduling at a mutually agreeable time.

                                                            Sincerely,

                                                            Law Firm

                                                            Lawyer Name

Enclosure
cc: Client (with enclosure)

 

 

Discovery Letter—Document Production

                                                            Date

Name
Company Name
Address 1
Address 2
City, State, Zip Code

            Re:

Dear _________:

            Enclosed herewith please find Bates stamped documents 1-760, in response to your request for production of documents. These include medical records, bills, time cards and tax returns.

            As I indicated at [Client Name] deposition, we are attempting to obtain an updated Subro Audit printout that will bring her medical bills itemization current, and we will supply that upon receipt.

            Also as I indicated at the deposition, [Client Name] is still receiving treatment for her injuries and we will supplement our discovery responses accordingly.

            If this will not suffice in lieu of formal supplementation, please advise at once in writing.

                                                            Sincerely,

                                                            Law Firm

                                                            Lawyer Name

 

Enclosures
cc: Client

 

 

Discovery Letter—Document Production Supplement

                                                            Date

Name
Company Name
Address 1
Address 2
City, State, Zip Code

            Re:

Dear _________:

            Enclosed herewith please find Bates stamped documents 578-650 in supplementation to our response to your request for production of documents consisting of the following medical bills.

  1. Dr. Michael Smith 2/98 to present $ 3,892.51
  2. Dr. Marc Long 4/99 to present $18,469.00 (Center For Pain Management)
  3. Spine and Sports 2/98 to present $ 6,687.00
  4. Mandy & O’Malley 7/97 to 12/97 $ 5,172.00
  5. Dr. R.M. Kind 11/97 to 1/98 $ 2,974.00 (Kind Chiropractor)
  6. Hanover Hospital 11/17/97 $ 576.50 
  7. Hanover Diagnostic 11/17/97 $ 172.00  (Imaging)
  8. American Radiology 8/97 to 3/00 $ 3,673.00
  9. Advanced Radiology 6/98 to 4/99 $ 26.00
  10. Dr. Robert Brumbaugh 3/00 to 4/00 $ 311.00  (Lower Chesapeake Orthopedics)
  11. Union Memorial Hospital 3/98 to 3/00 $ 858.00
  12. Dr. Frank Johnson 12/98 to 1/99 $ 1,418.00 (Mid-Atlantic Pain Institute)
  13. GBMC 8/97 to 2/01 $ 945.35
  14. Roundwood Imaging 5/8/00 $ 1,751.00
  15. Children’ Hospital 4/99 to 5/99 $ 1,029.62
  16. Prescriptions 7/97 to 6/00 $ 252.08 (CVS) & (Revco) 
    (Highlighted Items Only)

Subtotal: $49,733.06

          Also enclosed are bills for out-of-pocket expenses incurred by Ms. White as a direct and proximate result of the occurrence totaling $1,369.61, for a total of $51,102.49 in economic losses, (not including lost wages).

          If this will not suffice in lieu of formal supplementation, please advise at once in writing.

                                                            Sincerely,

                                                            Law Firm

                                                            Lawyer Name

 

Enclosures
cc: Client

Entity:
Topic:

Daniel I. Small and Robin Page West

Daniel I. Small is a partner with the firm of Holland & Knight in Boston and Miami. He practices in the area of litigation, focusing on witness preparation, government and internal investigations, white-collar criminal law and complex civil litigation. He has extensive investigation, jury trial and other litigation experience. Prior to entering private practice, Mr. Small was a prosecutor for the U.S. Department of Justice, during which time he tried RICO, corruption, financial and regulatory cases. Mr. Small received various awards and commendations for his work. He also was General Counsel for a publicly traded healthcare management firm, where he oversaw in-house legal and risk management staff, outside counsel, litigation, compliance, and facility, entity and physician contracting. Mr. Small has written several books on litigation for the ABA, including Preparing Witnesses and Going To Trial, that are used in CLE programs he gives throughout the country, and was a Lecturer on Law at Harvard Law School. He is a frequent television, radio and newspaper commentator. Mr. Small has represented witnesses, plaintiffs and defendants in a wide range of internal and external investigations, administrative proceedings, and civil and criminal litigation. These have included issues relating to healthcare entities, education institutions, financial institutions and others. His clients have included former Virginia Governor Bob McDonnell and former Louisiana Governor Edwin Edwards.

Robin Page West is a principal in the Baltimore law firm of Cohan, West & Karpook, P.C. She is the author of the ABA book, Advising the Qui Tam Whistleblower: From Identifying a Case to Filing under the False Claims Act. Ms. West is also the author of "Health Care Fraud" published in the October/November 2007 issue of the American Bar Association Magazine GPSolo, "Qui Tam Litigation," Chapter 71 of Litigation Manual 3d Ed. (ABA 2007) and numerous other published articles. She has been a faculty member of the ABA's Health Care Fraud and qui tam National Insti­tutes for lawyers and has been interviewed on National Public Radio's "Morning Edition" on the subjects of qui tam litiga­tion and stopping health care fraud. She has been quoted on the subject of qui tam litigation in the ABA Jour­nal, the National Law Journal, the Washington Times, Baltimore's Daily Record, the Bureau of National Affairs' newsletter on Health Care Fraud Litigation, and other publications. She also co-chaired the qui tam subcommittee of the ABA Litiga­tion Section's Health Care Law Committee.