
22 novembre, 2006 17:44
Law Firm's 'Trial-in-a-Box' Rescues Cases- law news my opinion on this
Any serious trial law firm must have the capability to "parachute" into a problem case and try a matter on short notice. At Houston's Beirne, Maynard & Parsons, we have developed a comprehensive program to deal with remote trials, which we call "trial-in-a-box." This consists of custom-made cases that house separate sets of desktop computers, Internet capabilities, laptop computers, printers, fax machines, a complete wireless phone system and all associated peripheral technology and equipment.
With this system, we can send a trial team on short notice to assist clients with emergency needs. We have established relationships with communication vendors to facilitate prompt installation of high speed data circuits and phone lines at any designated trial location.
But you don't just need hardware -- you also need solid, user-friendly litigation support software to succeed in today's courtroom. If you, like so many of our colleagues, are just beginning to incorporate technology into your litigation practice, choosing software is a good place to start.
Here's what you need to know before you pack that parachute:
TRIAL SOFTWARE
Trial software generally can be divided into two categories: trial presentation software, and trial document management software. Among the available trial presentation tools are Microsoft Corp.'s PowerPoint), inData Corp.'s TrialDirector 5 and Verdict Systems' Sanction II.
PowerPoint is the most basic. It is a great graphics tool for demonstrative evidence and slide shows, and is especially effective when used during opening and closing statements.
It is user-friendly, relatively intuitive and, with a live Internet connection, can link directly to Web sites.
For example, in a recent trademark trial, we were able to open the opponent's Web site, in realtime, just by clicking on the hyperlink on the PowerPoint slide. We then navigated -- in real time -- to various portions of the Web site to show the various Web pages that we argued infringed our client's trademarks.
Although PowerPoint does help you import a wide range of file types (including audio and video files), we prefer programs designed specifically for trial, such as TrialDirector 5 and Sanction II, when a large number of documentary exhibits need to be displayed.
PowerPoint is most useful when graphical illustrations are a must, such as intellectual property trials where you are trying to visually compare a product against claims in a patent (e.g., comparing a BlackBerry device to NTP's patents on wireless e-mail), or in a copyright case (e.g., comparing passages of Dan Brown's "The DaVinci Code" with Jack Dunn's
"The Vatican Boys").
Trial Director 5 and Sanction II are best used when there is no set script to follow and the attorney needs flexibility. They help users organize and present evidence in any order during trial. Users can import different programs and file types, while storing a large amount of data.
At our firm, we usually leave the heavy lifting (loading of the information into the database, coding, etc.) to our litigation support personnel who are trained on the software.
From there, it is easy to use at trial with limited training. Users can randomly call up depositions or exhibits, navigate to different pages and enlarge selected areas of the document. You can also play video deposition clips with closed captioned text, zoom in on documents and graphics, highlight or point to text or photographs and otherwise manipulate exhibits to great effect.
DOCUMENT MANAGEMENT
Among the available trial document management software packages are CT Summation and LexisNexis Concordance. (Both were independent companies that were recently purchased by Wolters Kluwer and LexisNexis.) The two database programs help users organize and search data, which can be exported to Trial Director or Sanction. They both can be hosted on the Internet (via "FYI" for Concordance and "Webblaze" for Summation), allowing easy access to the databases wherever Internet access is available.
Summation combines the database and transcripts in one viewing area, allowing the user to search both simultaneously. "Hot docs" can be labeled and easily retrieved in the database, or dragged and dropped into a "Case Organizer."
Summation users can create "issue" or "witness" designations and apply those designations to documents or portions of transcript text. This is very helpful in preparing motions or for the examination of witnesses. Summation also contains Realtime, which allows the user to view live feed from a court reporter during transcription of a deposition, hearing or trial. The transcript in Realtime can then be annotated with the issue designations or other notes.
We like the Concordance navigation and searching tools, and its ability to integrate other viewers. To enhance the effectiveness of Concordance, a transcript managing program such as LiveNote, a realtime transcript and evidence manager, can be used to store the deposition transcripts and receive live transcript feeds. (LiveNote was purchased by Thomson Corp. in September. )
RELATED TOOLS
Other technology products to consider including as you begin to get comfortable:
IConect 4, from iConect Development, helps users view database materials via the Internet without purchasing database software for their computer. It uses a proprietary sequel database, "NXT." Changes made are automatically indexed and searchable. Large databases can be searched at blazing speeds. As with anything in life, there is a catch: it takes longer to view the images via iConect than in Summation or Concordance.
Casemap 6 is a program by Casesoft (recently acquired by LexisNexis) that arguably may replace associates some day. It helps users organize documents, identify relevant witnesses, create a chronology and code issues.
After processing, data can then be transferred into your case management programs. The software for creating a timeline is easy to use and can be sent to TrialDirector or Sanction.
LAY OF THE LAND
A last tip for newbies: Be sure to contact or visit court personnel. It will help you get the lay of the land, learn what equipment the court uses and see what systems are compatible with the court's system. You'll be able to get answers to any general logistics questions -- very important when planning your technology strategy.
Remember: No amount of technology will substitute for real persuasion and good storytelling. Software and graphics wizardry will not make up for a lawyer's failure to connect with the jury. The key to winning at trial -- effective communication -- has not changed. However, the means to this end have changed drastically, and will continue to do so at an increasing rate.
Deciding to embrace courtroom technology can be a challenge for any lawyer, veteran or novice. The more you stay plugged into technological advances, and use them to effectively communicate your case, the more likely you -- and your clients -- will meet with success.
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If you've ever attended a, Dow trial they come loaded with the latest technology an equipment. Plus a ton of, Dow attorney.'s to stall; or ruin a person's trial. It sure seems ridiculous (a lie) that, Dow can only process 5 cases a month of, the women's. What is Dow, using all their technology and the latest equipment for? Dow's, been stalling of Course, since they chose to file Chapter 11 instead of assuming There liabilities to us the asbestos an Agent Orange victims Dow poisoned too! That news I sent you yesterday, had some excellent responses from, several women. Dow, was paying to have that outrageous mess posted by none other than a previous Dow CEO is my best guess. Inamed and Mentor receiving approval doesn't let, Dow off the hook by any means. The FDA, is for sell to the highest payer; who wants a Product approved$$!! Perhaps, Tony, or some of you smart women can use this information enclosed to access the Internet for news for us.
GiGi