Paralegals' Guide to Construction Disputes and Litigation

Agenda / Content Covered

1. Case Investigation and Pleadings
   10:00 - 11:15, J. Tayler Fox
   1. Common Construction Disputes and Claims
   2. The Client Interview
   3. Witness Interviews
   4. Records Review: What to Look for in Contracts, Plans, and More
   5. Documenting Damages
   6. Preparing Pleadings
   7. File Organization and Document Management Tips
2. Drafting Discovery Requests and Responses
   11:30 - 12:45, Cassie Preston
   1. Disclosures
   2. Interrogatories
   3. Requests for Production
   4. Site Inspections
   5. Requests for Admission
   6. Subpoenas
   7. Expert Witnesses
   8. Deposition Preparation and Summaries
3. Assisting With Settlement and Alternative Dispute Resolution
   1:15 - 2:30, Brian Tagtmeier
   1. Preparing Settlement Materials
   2. Arbitration
   3. Mediation
   4. Multiparty Arbitration and Mediation
4. Paralegal Ethics
   2:30 - 3:30, Peter L. Ostermiller
   1. Conflicts of Interest
   2. Client Communications
   3. Avoiding UPL
   4. Confidentiality and Privilege
   5. Spoliation of Evidence
   6. Fees in Construction Cases
5. Trial Preparation and Attendance Tips
   3:45 - 5:00, Thomas H. Datzman Jr.
   1. Creating the Trial Notebook
   2. Organizing Exhibits
   3. Other Trial Prep To-Dos
   4. Helpful Hints for Assisting Your Attorney at Trial

Accreditation Details:

Thomas H. Datzman Jr. is an associate in the Indianapolis office of Rolfes Henry Co., LPA. He has an extensive litigation career working as a paralegal and law clerk prior to becoming a practicing attorney. Mr. Datzman began his legal career in real estate law prior to working for plaintiffs’ personal injury firms in the Indianapolis area. As a paralegal, he was a file manager handling wrongful death, catastrophic injuries, semi-tractor trailer and other commercial vehicle wrecks, as well as novel and complex litigation. Mr. Datzman has managed cases throughout the state of Indiana and across the country, including in federal court, the Indiana Court of Appeals and the Indiana Supreme Court. He is fiercely passionate about litigation and is always eager to discuss the law. Mr. Datzman's experience as both a paralegal and law clerk has provided him with a sophisticated understanding of litigation workflow, case management and task delegation. He earned his B.A. degree from Indiana University Purdue University and his J.D. degree from IU Robert M. McKinney School of Law.

J. Tayler Fox is an attorney and shareholder at Dentons Durham Jones & Pinegar, P.C., where he focuses his practice on commercial litigation, real estate litigation, banking & financial litigation, construction law, construction lien law, as well as dispute resolution, purchase and sale, and real estate. Mr. Fox is a member of the Executive Committee of Utah Bar’s Real Property Section, and the section chair of Utah Bar’s Real Property Section. He earned his B.A. degree from the University of Utah, his M.A. degree from Valparaiso University School of Graduate Studies and his J.D. degree from Valparaiso University School of Law.

 

Peter L. Ostermiller is a sole practitioner concentrating in legal ethics and professional responsibility matters. Mr. Ostermiller represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. He has also represented parties in attorney's fee dispute proceedings, and attorneys in legal proceedings in which sanctions have been sought against the attorney; represented parties in attorney disqualification proceedings; and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. Mr. Ostermiller is a member of the Kentucky Bar Association, Louisville Bar Association, and the Association of Professional Responsibility Lawyers. He served on the Kentucky Bar Association's Ethics 2000 Committee, which proposed changes to the Rules of Professional Conduct to the KBA, and resulted in the July 2009 revisions to the ethics rules. Mr. Ostermiller graduated with his B.A. and J.D. degrees from the University of Louisville.

Cassie Preston is an attorney for Callahan & Fusco, LLC and is based out of its Georgia office. Ms. Preston has successfully litigated cases in state and federal courts throughout the southeastern United States. She practices in a variety of areas within the law, particularly those of personal injury, subrogation, insurance defense, insurance coverage disputes, contract disputes, product defects, construction defects, and general claims in tort. In addition, Ms. Preston has represented veterans in matters against the United States Department of Veteran's Affairs to, among other services, obtain and maintain benefits because of the quickly expanding list of presumptive illnesses directly linked to a product known as Agent Orange, which was heavily utilized during the Vietnam War. She uses her work ethic, tenacity, and resolve to obtain the best possible outcome for each of her clients. Ms. Preston previously worked as a paralegal for more than fifteen years before attending law school. She received her Juris Doctorate degree from John Marshall Law School in 2013. She has since that time been a good-standing active member of the State Bar of Georgia.

Brian Tagtmeier specializes in construction litigation, commercial litigation, insurance law and litigation, personal injury law and professional liability. In his 30 years of practicing law, he has gained substantial experience and has tried cases to a jury in all these areas ranging from construction litigation, construction defect litigation, product liability, malpractice, labor and employment, consumer litigation and first party insurance litigation. Mr. Tagtmeier also has a thriving mediation and arbitration practice, having mediated over 1900 claims and arbitrated over 250 claims, including matters regarding commercial and residential construction, insurance coverage and bad faith litigation, securities litigation, professional liability (medical malpractice, attorney malpractice), sexual harassment, FSLA claims, wrongful termination, personal injury, property damage, maritime personal injury and property damage, breach of contract, fraud, libel and slander, and DTPA claims. He earned his B.A. degree from Rice University and his J.D. degree from University of Texas at Austin.