Shannon Wise

Claggett & Sykes

I grew up in Las Vegas, Nevada. I came from a blue-collar family and was the first to attend college. I had to work to put myself through college. I somehow fell into getting my insurance license at 18 years old. I worked for a couple of the well-known insurance companies for about 10 years. I had always wanted to be a lawyer. I thought going in house was the logical progression of my career. Then I realized the truth: insurance companies are evil. I was constantly fighting with people within the company to pay UM/UIM claims. I thought it was extremely unfair that people paid for premiums for 30 years and then when they needed their insurance company, the company found every excuse not to pay them. I immediately knew I wanted to switch sides and teach them a lesson. I have worked at Claggett & Sykes for almost 10 years. I enjoy being active: working out, hiking, golfing, muay thai, and yoga are my weekly must do’s. I am also a dedicated dog mom.

Managing the Case and Putting Constant Pressure on the Defense

Shannon Wise · Jennifer Morales · Brian Blankenship · Jim Murphy · Sean Claggett

Managing the Case and Putting Constant Pressure on the Defense

Drafting Complaints

Frame the Case with Purpose. Not just about Notice.
Know your audience.
Name All Parties.
Separate Claims.
Plead All Damages.
Plead Punitive Damages.
Be aware of specific rules for wrongful death cases.
Tell the Story from the Defendant’s wrongful conduct.
Plead jurisdictional facts to avoid removal.
Uses at Trial.
Don’t let it sit. File early.

Draft Jury Instructions and Written Discovery

Figure out what you have to prove.
Draft RPDs first and before the discovery period begins so they are ready to go the moment you can send discovery.
Save the Rogs and Admissions. Throw darts with these.

Review Initial Disclosures and immediately determine what you did not get.

Don’t sit on it and be lazy.
Did you get insurance policies? All of them?
Did you get a list of witnesses who can be deposed?
Did you get color photos?
Did you get actual documents rather than BS.

Send Letter regarding Disclosures and insurance policies. (always incomplete).

Send Written Discovery First Day Possible.

Ask for policies and procedures.
Add another request for insurance.
Ask for all video and audio.
Ask for the Claims File.
Ask for Prior Incidents.
Work out any issues with a protective order. If they want one, you need a draft before discovery begins because you are likely to challenge it. Don’t just sign them. Make them file a motion. Work this out as early as possible.

Review Discovery Upon Receipt

Review Responses.
Did you get a privilege log? Does it comply with applicable law?
Did you get complete responses?
Did you get color photos?
Did you get video?
Are the objections boilerplate? Always will be. This is not permitted in most or all jurisdictions.
Defense attorneys are taught to not respond and lazy lawyers tolerate it.

Prepare Good Faith Letter or Schedule Call.

Some states require a letter. If so, do it within days of receipt of responses. Good practice to do one anyway.
Send letter and schedule a conference. Don’t leave it open ended. You give them 3 dates. If they do not respond, you call on all 3 of those dates.
Have your good faith conference and give a short, but reasonable time for a supplement.

File your Motion to Compel.

You will be filing these. It’s not if, but when. Get the Court on notice early about Defense games.
Get an Order for more documents.
If the production is still not satisfactory, then prepare a motion for an order to show cause.