An Advocate s Craft: Honing Your Technology Skills for Modern Litigation

Transcription

1 Joint CLE Conference 2016 An Advocate s Craft: Honing Your Technology Skills for Modern Litigation Timothy James Ting, Assistant Public Defender, Jackson Co., IL An Advocate s Craft: Honing Your Technology Skills for Modern Litigation 3

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3 Joint CLE Conference 2016 About The Faculty TIMOTHY JAMES TING - Timothy James Ting is an advocate and an educator. Presently, Mr. Ting works as an Assistant Public Defender in Jackson County, Illinois, where he handles a wide array of felony cases. His prior practice experience includes roles at both the appellate level (as an Appellate Prosecutor for the Fifth Appellate District of Illinois) as well as the trial level (as an Assistant Public Defender in Williamson County, Illinois). Mr. Ting also teaches as an adjunct professor for Southern Illinois University School of Law as well as a Lecturer for the Southern Illinois University Paralegal Studies Program. His teaching experience includes teaching PARL 300B (Legal Analysis, Research, & Writing II), PARL 380 (Law Office Technology), and LAW 537 (Trial Advocacy). Mr. Ting has received numerous accolades during the tenure of his legal career including the following: Young Lawyer of the Year Award (Illinois State Bar Association, 2015), Outstanding Teacher Award (Southern Illinois University, College of Liberal Arts [Non-Tenure Track Faculty], 2015), Fifth Best Appellate Brief Award (American Bar Association Appellate Competition, 2008), Moot Court Champion Award (Southern Illinois University School of Law Appellate Competition, 2006), Best Appellate Oralist Award (Southern Illinois University School of Law Appellate Competition, 2006), and Best Appellate Brief Award (Southern Illinois University School of Law Appellate Competition, 2006). Mr. Ting s written work has appeared in the Illinois Bar Journal, and several of his cases have become published precedent in Illinois law. About The Faculty

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5 An Advocate s Craft Honing Your Technology Skills for Modern Litigation Southern Illinois University School of Law Jackson State Bar Association Williamson County State Bar Timothy Ting PowerPoint Basic Tools Microsoft PowerPoint Basic Tools Easy access to tables, charts, relationship graphs, clip art, and video is found in the middle of every new slide. Tables Charts Relationship graphs Pictures Clip Art Videos 1

6 Microsoft PowerPoint Inserting Tables By selecting the Table icon on the PowerPoint slide or by selecting the Insert tab and the Table option, you can create and edit a table on my PowerPoint slide. Microsoft PowerPoint Inserting Pictures, Clip Art, and Screenshots By selecting the Picture or Clip Art icon on the PowerPoint slide or by selecting the Insert tab and the respective options, you can insert preset pictures/clip art from Microsoft or a saved picture from my computer. The Screenshot feature allows you to instantly capture a picture of any open window on my computer a very useful feature. Microsoft PowerPoint Inserting Videos By selecting the Video icon on the PowerPoint slide or by selecting the Insert tab and the respective options, you can insert videos from any file saved on my computer, any videos from a website (such as YouTube) or any Clip Art videos. 2

7 Microsoft PowerPoint Inserting SmartArt (Relationship Graphs) By selecting the SmartArt icon on the PowerPoint slide or by selecting the Insert tab and SmartArt icon, you can insert a variety of relationship graphs. Microsoft PowerPoint Inserting Charts By selecting the Chart icon on the PowerPoint slide or by selecting the Insert tab and Chart icon, you can insert a variety of charts that will instantly translate with Microsoft Excel. Microsoft PowerPoint Inserting Symbols By selecting the Insert tab and the Shapes option, you can insert preset shapes to edit my presentation. 3

8 Microsoft PowerPoint Using the Format Tab to Edit Symbols By selecting the Fomat tab, you can edit my shapes (or images) in a variety of fashions including: resizing them, changing their colors, cropping an image (reducing it s visible portion), and overlaying symbols upon each other. By selecting the Animation tab, you can insert entrance, emphasis, exit, and motion path effects for any type of symbol or image. You will further have the ability to edit the animation through the Animation Pane. Free Legal Research Google Scholar 4

9 Google Scholar Google Scholar An Excellent resource for: Secondary Sources Medical Articles Law Review Articles Type in your search just as you would a natural language search Case Law State Federal Example of a Screen Shot of Google Scholar Search You can organize cases by any State or Federal Court You can also limit your search inquiry by year and date ranges 5

10 Example of a Screen Shot of Google Scholar Alert By creating an alert for a particular search, your gmail account will notify you of recent developments in your research PowerPoint Using it as Demonstrative Exhibit PowerPoint Utilizing it as a Demonstrative Exhibit Demonstrative evidence has no probative value in itself, but serves as a visual aid to the jury in comprehending the verbal testimony of a witness. Schuler v. Mid-Cent. Cardiology, 313 Ill. App. 3d 326, 337 (2000). The great value of demonstrative evidence lies in the human factor of understanding better what is seen than what is heard. The use of demonstrative evidence, therefore, is looked upon favorably by the courts because it allows the trier of fact to have the best possible understanding of the matters before it. Sharbono v. Hilborn, 2014 IL App (3d) , 30. 6

11 PowerPoint Utilizing it as a Demonstrative Exhibit The primary considerations in determining whether demonstrative evidence is admissible or may be used at trial are relevancy and fairness. See Ill. R. Evid. 401, 402, 403 (eff. Jan. 1, 2011); Sharbono v. Hilborn, 2014 IL App (3d) , 31. The regulation of the substance and style of closing argument lies within the trial court's discretion, and thus the court's determination of the propriety of the remarks will not be disturbed absent a clear abuse of discretion. People v. Meeks, 382 Ill. App. 3d 81, 84 (2008). PowerPoint Utilizing it as a Demonstrative Exhibit Relevant PowerPoint presentations are commonly allowed in the trial courts, when the proper steps have been taken for their admission. Sharbono v. Hilborn, 2014 IL App (3d) , 27. And I watched with great admiration on your attorney's presentation of the final argument, and... he used a PowerPoint display, and I have never seen, in 26 years on the bench, a more effective use of electronic media and his presentation and the way in which he linked all of the evidence. I've just never seen an argument presented quite so well. People v. Johnson, 2013 WL , *164 (Cal. Ct. App. 2013) [Unrelated overruled law used merely to indicate the effectiveness of PowerPoint]. PowerPoint Utilizing it as a Demonstrative Exhibit Ensure studious preparation of the PowerPoint presentation before litigation. Discuss presentation with witness and/or have the witness assist in the creation of the PowerPoint presentation. Create a copy for opposing counsel to review to foreclose any unanticipated objections. Depending on the preference of the judge, allow the judge to view the PowerPoint presentation. 7

12 General Examinations Using Google Maps Google Maps can be accessed by typing in the URL or simply locating it on the Google home page, as shown here Google Maps Google Maps is preset on an Map View but the Satellite View shows a composite of pictures that provide the trier of fact with much more realism. Map View Satellite View 8

13 By simply scrolling the mouse button upward, you can zoom the view of picture to a precise aerial view and even a street view. Aerial View By selecting the person character on the bottom right side of the Google Map screen, holding the mouse button, and placing the person to a street, you can enable Street View Street View 9

14 A court can take judicial notice of the distance demonstrated on Google Maps. People v. Stiff, 391 Ill. App. 3d 494, 504 (5th Dist. 2009). Google Maps provides distances at the bottom right screen of each image By selecting the PrtScn button on the key board ( Print Screen ), you can create a screenshot of the image or you can select the Insert tab. The Crop button is located under the Format tab. Simply manipulate the black borders to resize the image. By using a Google Map image and testimony, you may even be able to create a reconstruction of a car accident. 10

15 By using the Clip Art feature, you are able to select a wide variety of images including aerial views of cars. By selecting the Animation tab, you can use Motion Paths to create the path of the vehicle s travel. You can use the green circle to rotate the vehicle in a particular direction. You can use the white circles and squares to resize the image. 11

16 You can then place your image onto the roadway and use your motion path animation to direct its course. The green arrow indicates the starting point of the image while the red arrow indicates the ending point. By repeating the process, you can select another vehicle and create a separate motion path. By using the Format tab, you are able to change the color of the vehicle as well. You can then use the drop-down menu on my animation pane to time the vehicles to collide into one another at the same time. 12

17 Expert Witnesses Direct Examination 13

18 Expert Witnesses Cross Examination 14

19 Inserting Video Exhibits Prosecution/Plaintiff or Defense PowerPoint Inserting and Editing Videos You can insert Your video by selecting the Insert Tab and using the Drop Down Menu. 15

20 Once you insert your video and select it, you will have two new tabs that are created. The Format tab allows you to create shape, size, and color editing. The Playback tab allows you to edit the timing of your video. The Trim Video feature allows you to select only the relevant portion of the video you are presenting to the jury. This not only creates efficiency but it can lead to tremendously dynamic results during a closing argument. The green barrier indicates the beginning cue for the video while the red barrier indicates the termination point of your edited video. Exhibit 3 16

21 Comparison/Contrast Tables and Jury Instructions Prosecution/Plaintiff or Defense (1) Create a table by selecting a simple 2 by 2 table. (2) Use text boxes to create the specific text you want to select. (3) Edit the text boxes by selecting No Outline under the Format tab. (4) Use custom animation to complete the sequence. After you have used the text box to encapsulate the specific jury instruction you want, you can add an emphasis effect to truly impact the jury. 17

22 Officer Testimony Defendant Testimony Video Evidence The Defendant was aggressive and unreasonable The Officer was aggressive and unreasonable A glimpse of the scene in actual time Only you are the judges of the believability of the witnesses and of the weight to be given to the testimony of each of them. Closing Argument Example Prosecution/Plaintiff 18

23 Evidence A Evidence B Evidence C IT ALL FITS TOGETHTER Evidence D Closing Argument Example Defense 19

24 Evidence A Evidence B THE PIECES ARE MISSING Evidence C Evidence D 20