By Jane Salem, staff attorney, Nashville

“Time isn’t the main thing, it’s the only thing.” – Miles Davis

I wonder what caused Miles Dewey Davis, III to utter those wise words. After all, he was a trumpeter, composer, and bandleader, not a lawyer who bills for his time. You’d think a creative type like him wouldn’t be concerned with something as mundane as time.

Then again, Davis certainly was prolific, with a career that spanned five decades and pioneered a variety of musical styles. Despite health problems, addiction, and struggles in his personal life, he still managed to release more than 60 albums during his lifetime and garnered eight Grammies. I guess he knew something about time management.

As lawyers, time truly is “the only thing.” Clients, employers, judges, and the legal system itself all prize efficiency.

We’re no different in the Court of Workers’ Compensation Claims. The Reform Act created the Court with the goal of attaining “a fair, expeditious, and efficient workers’ compensation system.” See Tenn. Code Ann. § 4-3-1409(b)(2)(A). Moreover, our mission statement, in part, is to “provide a fair, efficient, and professional system to employees and employers,” and “efficiency” is a core value.

So, how can practitioners in our Court save time? Below are a few of my ideas, with some of Davis’s songs in mind.

My job, in part, is to help the Chief Judge be as prepared as possible for Court appearances of all types in every assigned case. “Time After Time,” I’ve noticed attorneys’ practices and procedures and thought, “So What”? How is this helping the client or the case? I share the ideas below in hopes that maybe you’ll evaluate some of the ways you and your staff approach cases, so you’ll consider changes. “The Theme” is saving everyone’s time.

As “Nutty” as this might sound, mediate fully prepared and in good faith.

It seems some lawyers have a “Compulsion” to skip this step and go straight to Court. “I Know” you might think the facts or law in any given case are so novel that litigation is the only path to resolution. But does your client really feel that way? “Perhaps” our skilled and empathetic mediators can help reach a partial or complete resolution.

To that end, write a compelling position statement. “Right off,” give the mediator organized medical records and other critical documents. Get whatever authority you need beforehand. Participate with an open mind and heart. Even if you don’t settle, that preparation won’t be wasted if a dispute certification notice does issue.

I “Lament” certain filings.

A notice of filing rarely tells me or the other parties anything. Moreover, a cover letter asking the clerk to file the attached document doesn’t seem necessary. Trust me: the Clerk and her staff know what to do.

I likewise feel extreme “Agitation” when parties file the same documents repeatedly, especially medical records. The same goes with printing out and attaching a case that supports your arguments. Yes, that’s helpful when a self-represented litigant is on the other side. But you can give him or her the case without filing a copy with the Court, right?

It takes time for you and/or your staff to file documents. Limiting those documents to the bare essentials will save you (and the Clerk and me) time.

Is that upcoming status hearing necessary?

A few sharp attorneys sometimes contact me ahead of a status hearing to convey something along the lines of, “Employee is still treating, but maximum medical improvement is expected around [insert date here]. Can we move the status hearing to a date after then?”

These lawyers are “Seven Steps to Heaven” in my mind. Why have a hearing when there’s little or nothing to report? This strategy is typically used when both sides are represented and working together well. But some lawyers do this even with self-represented parties.

Schedule carefully.

Often I see hearing requests where the parties don’t list three agreed dates. This makes me want to let out a “Dingo Howl” because it sets off a series of (unnecessary) emails between us about when everyone’s available. (Sometimes I just set a date unilaterally if I’m feeling really cranky.)

Further, at a scheduling hearing, we internally say “Right on Brotha” when an attorney has not only hired an expert but also secured dates for an examination and deposition.

And please be realistic about your time at a scheduling hearing. This isn’t “Take It Or Leave It.” If you truly think you can’t meet a proposed deadline, ask for more time and be prepared to say why it’s necessary. (We take vacations and have other cases, too.) It’s easier to ask for more time on the front end, than to file a motion for an extension because you just can’t meet a deadline.

Finally, you never want a “Pinocchio” nose.

By this I mean that your reputation matters. If you’re caught in a lie about missing a deadline, for example, a later request for a continuance probably won’t be well-taken. And don’t wait until “’Round Midnight” on a deadline to file for an extension.

“Now I’m Leaving You”

I’ll close with the disclaimer that these are simply my observations. Other judges and staff attorneys in our Court might do things a little differently. Contact their assistants when “Something’s On Your Mind.” I’m always happy to answer procedural questions, too.

Okay, I’m “Gone, Gone, Gone.”