Papers Will Be Served by E-Mail on All Counsel.
Some lawyers still do not serve papers by e-mail unless required by the rules. Their reluctance may in some circumstances be motivated by misguided tactical considerations; they want their opposing counsel to go a few days without realizing that an important motion has been filed. This is particularly a problem in state-court jurisdictions where there is no e-filing.
Such tactical maneuvering does not yield a better outcome at trial. It is unnecessary and counter-productive. The parties should agree at the beginning of every case that all papers will be served by e-mail as soon as they are filed.
It also is a good idea to agree at the beginning of the case that all filings will be served by e-mail on all counsel and legal assistants. It is more efficient for everyone on the trial team to learn immediately of any filings. Moreover, if the parties agree at the beginning to send all emails to all members of the other side’s team, lead counsel can spot a fight brewing and intervene to resolve it before it gets out of hand.