What Is a Legal Index Template?
A legal index template is simply an organized framework or set of standards that you put in place before you start a case. It is a set of recognized sections or subsections that you will always need within each case. It consists of a "Table of Documents" broken down into chapters or sections, each of which is exactly the same with every case you do. If you’re holding onto your like cases and you’re managing them manually, you immediately can pull up the section you need without rifling through endless files. It’s a big picture perspective that helps you with organizing your practice .
A legal index template will typically include sections with such titles as: Pleadings; Motions; Memorandum or Brief; Hearings; Discovery; Communications; Orders; Interrogatories; Requests for Admissions; Complaints; and Responses. The complete index will also have a full workable Table of Contents (TOC) that is automatically updated as new sections are added. A new section can be added to the TOC by using the auto-refresh option in the software. You can create such a template in Microsoft Word, but there are some cost effective software programs out there that will make the process even easier and faster.
Components of a Functional Legal Index
The basic elements of a legal index are:
Case Number:
Includes the court name and jurisdiction, as well as the judge’s initials to specify the case. This is the most important element of an index.
Document Title:
This will be the title of each document in your index, such as Summons, Complaint, Discovery or Motion. When preparing the index as part of a larger set of pleadings and documents, the title is usually controlled by the form of the document, which is pre-printed as part of its document template.
Page Number:
The page number on which the document appears. This should be the page number as it appears in the original PDF. The page number format is generally required to be Page X of Y (e.g., Page 2 of 5) for easy navigation and is satisfied by putting Page 2 of 5 in the index, which is then hyperlinked to the PDF to help ensure that an incoming document is indexed with the correct page number.
Dates:
The effective dates of the various documents. This is particularly important for case-pending or temporary maintenance orders which could be valid for any date range.
Parties:
The parties to each document, especially for those cases that are lengthy where a number of parties are involved.
Privilege/Work-product designation:
The specific document designation of those documents withheld on the basis of privilege or work-product protection, so that if the privilege designation is disputed the Court has a record to reference.
This list is not exhaustive but should give you an overview of the basic elements that are typically included in a legal-index.
Custom Legal Index Template Development
Tailoring Your Index Template
With an understanding of the types of information to include in a legal index, the focus shifts to designing a template that addresses the specific needs of a practice area. After all, a single index template won’t suit every situation.
We can rely on software tools, such as Microsoft Word, to create index templates, but templates should be tailored to the type of information included in the index and to the needs of specific sections of a brief—a Table of Authorities template might look very different from a subject verbatim template in a particular case.
Word does offer Tools that enable modification of the index template at the beginning of the indexing process, so that it is structured to work with the content to be indexed. The process then involves repeated test indexing until the design is satisfactory.
For instance, if your content typically includes dozens of large volumes of exhibits and the index will be multiple pages or a few dozen pages or a hundred pages, a single column index might be better than multiple columns, so that page breaks don’t separate entries.
If your filings typically include thousands of citations to one or two legal authorities, create a structure that reduces the number of entries and the resulting length of the index. Instead of each citation to a single authority, you might have one cite entry for the periodical or statute that aggregates all of the index citations.
With a system of index creation and use of a template, the time spent on the first index for a particular practice niche is an investment that will be recovered with practice over time.
Legal Index Maintenance Best Practices
Regular Maintenance: A legal index is not a one-time project, but a living document that should be updated as your practice grows. Best practice is to update legal indices at least quarterly. Set a recurring calendar reminder and schedule dedicated time on the first of every quarter to review your legal indices and make updates. During this time, review all of your new pleadings and other documents, and add them to your existing index. This will ensure that you do not fall behind and get overwhelmed with one big index update after a long period of time without updates.
Consistency: Consistency in naming conventions for your documents is key to the success of your legal index. The clearer your names are, the easier they will be to find later on when you go to update your index. Every firm has their own preferred naming conventions, but some best practices that apply across the board are: readability, brevity and clarity. Make sure that each file name is unique, which can be accomplished by including a detail specific to that file, such as the date of that specific file.
In addition, make sure that the changes you’ve made to your template layout from the sample index are carried forward into the updated version you are creating. This will ensure that your index stays consistent and accurately reflects the customizations you have made to it in the past.
Comprehensiveness: It can be all too easy for your legal index to become outdated and incomplete if you are not actively working on keeping it in good order. Although we recommend a quarterly update, set a recurring weekly calendar appointment to review and clean up your entire index, removing any entries that you no longer use and adding new ones you created during the week.
Legal Index Pitfalls to Avoid
The most common mistake we see people making when creating and using their templates is overcomplicating them, making the template do more than it needs to do. We see people trying to make their index just as complicated as the document they’re working on. In the long run, many files never get opened up again and so all that time spent, is basically wasted. So when you go about designing your index, keep in mind who needs to access it, and for what purpose.
Another popular mistake is waiting until the end of a project, to create the index. We understand, not every index will be needed at the beginning of a process and for larger projects, it can be difficult to set aside the time to create new templates. But for best results, you really need to update entries while you’re in the process of working with a file. It’s a lot easier than trying to remember an entry at a later date.
You can also run into issues with useability. If you create an index with too many subheads , it becomes extremely long and therefore, extremely difficult to use. So when creating multiple layers of subheads, you can consider reducing the number of subheads you have to create. Going back to the top, if you go too deep into subheads, it can be hard to tell if the index entry below it, still belongs under the heading above it.
Formatting issues also tend to crop up. Some software programs allow you to modify the template and then save it back to the master copy. But often, the template is opened for one purpose and then closed. So what happens when you go to open the same template for a different purpose? Any modifications that were made the last time, may not be applied to the new opened template. To give yourself the best chance to re-use the template over and over again, make sure you’re working in the copy and not making any modifications to the live template.
Legal Index Development Tools and Resources
As you set out to build your legal index template, it helps to know what tools and resources are available to help you on your journey. Here are a few options:
Software: There are many software options available for legal index creation. Some popular names include Microsoft Word, Adobe InDesign, and other document formatting programs.
Digital Platforms: Many digital platforms integrate software that allows users to create legal indexes. Some of these platforms also allow users to store and retrieve documents within their system, and even include workflows for documents to move through after indexes are created.
Templates: There are readily available templates for legal indexes that include the formatting and text already pre-filled based on types of documents and industries. These can be found in the above mentioned software or online; many are free.
Guides and Best Practices: There are plenty of guides with legal index tips and best practices available on the Internet. The American Bar Association is a great place to start.
Legal Indexes and Compliance
Compliance with various laws, regulations, and standards is a fundamental requirement for all organizations, including legal firms. A legal index acts as a cornerstone in compliance efforts, ensuring that firm practices meet not only ethical and professional standards but also comply with other regulatory frameworks relevant to their operations.
Regulatory audits review an organization’s compliance with internal and external standards and requirements, making the existence of a well-organized legal index a vital component of audit readiness . From identifying specific legal documents, such as disclaimers, terms and conditions, and privacy policies, to locating key corporate records for audit or legal verification purposes, a legal index streamlines the process for auditors and other legal personnel. For law firms, maintaining a clear and accurate index of legal documents consequently minimizes an organization’s risk profile by ensuring that they have the appropriate policies and outlining their application.
A clear and well-organized legal index can also improve legal compliance efforts within the organization. From ensuring that they are operating in line with all relevant legal frameworks to protecting the organization from undue liability from audits, a legal index serves to safeguard against legal issues.