My first session, in the Litigation track, is the Formula for high-tech trial success.
Starting out with basics of converting documents into easy to review format. (TIF), discovery software, review software. Use the technology to dedupe, organize by search terms, etc. You simply can’t go through every document manually anymore with the quantities of ESI that are involved. (Narrow the Universe of documents) -from Universe of reviewable documents to what needs to be produced, to what you’ll actually use at trial. This requires planning ahead and working with opposing counsel.
Technology creates shared interest between the opposing attorneys.
Think about software that will help you manage all parts of a case, witnesses, events, as well as documents.
Real Time depositions can be beneficial to see exactly what’s being said and you can mark answers for followup questions immediately, without forgetting. Can reference testimony to help with ask/answered objections, prior testimony, etc. Can use to advise deponent when you are the defending when you can confer with him.
Video depositions allow you to observe behavior, but also tends to make people behave better when they know they are being videotaped.
Once you’ve gathered and review, then you have to present. Photos are great for this, you can throw them in a Powerpoint and the jury is going to see the photos that tell the story. You can use the Powerpoint or other software tools to draw attention to one particular area, draw a circle around it, etc. He just showed a photo of a child in an abuse case where they numbered the bruises on her face, as opposed to just showing some bruising, wow.
If you are going to use Google Maps to show the location and aerial views, make sure Google’s maps are accurate! They aren’t always.
Keep it large, so everyone can read it in the courtroom, use a remote, use laser pointers, give one to the witness to talk about what’s on screen, use Notes pages when you submit your presentation to the court, to include notes on your slide, and practice!
Technology is for jurors and judges both. It can make things easier for judges to follow the story. Makes it easier for jurors and judges to connect your facts. If you don’t connect it for them, they’ll connect it themselves, in some way which may not be your way. Go setup and test at the court room, ask the judge for time to do that. Make sure your tech choices enhances your credibility, not destroy it!
Going to the exhibit hall, more later….
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