WINNING YOUR CASE THROUGH EFFECTIVE USE OF TECHNOLOGY HONORABLE PAUL C. HUCK, U.S. DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA ZOË TELLMAN, DICKSON GEESMAN LLP, OAKLAND, CALIFORNIA GARY LAFAYETTE, LAFAYETTE & KUMAGAI, OAKLAND, CALIFORNIA BARBARA L. JOHNSON, BLJOHNSONLAW, PLLC, WASHINGTON, DC
TOP TRIAL TECHNOLOGY TIPS AND PITFALLS FROM THE BENCH Learn about your judge and how he/she runs their courtroom Do not let technology get in the way of telling the story Simplify Mix high-tech with low-tech
WHY IS TECHNOLOGY IMPORTANT? Tell a story: most jurors are visual learners Present factual and legal arguments clearly Keep the jurors attention Stay organized Ethically required? Comment to ABA Rule 1.1: To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology
SURPRISE!
WHAT WOULD YOUR MOTHER SAY?
POWER OF DEMONSTRATIVE EVIDENCE
IDEAS
A PICTURE IS WORTH...
THE EYES HAVE IT
INFORMATION RETENTION
INFORMATION RETENTION
VISUAL PRESENTATION IMPROVES RECALL
A DEAL IS A DEAL
TOOLBOX
OOPS!
DON T GET HUNG UP
SURPRISE, SURPRISE!
UPDATE YOUR TOOLBOX Rule 1.1: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Comments on Rule 1.1 Thoroughness and Preparation: [5] Competent handling of a particular matter... use of methods and procedures meeting the standards of competent practitioners... Maintaining Competence: [8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.
A PENNY WISE, A POUND FOOLISH
PREPARING FOR TRIAL: CASE MANAGEMENT SOFTWARE Case Notebook (Thomson Reuters) or CaseMap (Lexis) Key Facts Chronological list of facts Link transcript or exhibit to key facts Print a key fact report include disputed/undisputed facts Characters/Witnesses General witness lists Link characters to key facts Key Documents Generate exhibit lists Issues Create issues, i.e. Exhibits to use or COAs Tag exhibit or portion of transcript with issues Print an issue report
PREPARING FOR TRIAL: CASEMAP Chronology with Key Facts
PREPARING FOR TRIAL: CASEMAP Potential Witness List
PREPARING FOR TRIAL: CASE NOTEBOOK Marking documents by Issue
PREPARING FOR TRIAL: CASE NOTEBOOK Printing issue report in Case Notebook
PREPARING FOR TRIAL: VIDEOTAPED DEPOSITION TESTIMONY Language in subpoena/notice stating intent to video deposition See FRCP 45(a)(1)(B); FRCP 30(b)(3)(A) Follow local rules or trial order to notify opposing counsel of intended clips; allow time for objections Use TextMap or Trial Director to create list of video clips Remember to over-designate
PREPARING FOR TRIAL: VIDEOTAPED DEPOSITION TESTIMONY How to make clips: Transfer videos to computer Convert video file into.mpeg format with video converter software (TMPGNEnc) or by outside vendor for use in trial presentation software (i.e. Sanction, Trial Director) Synchronize video with transcript using Sanctions and Verdict Systems or Time Coder or Time Coder Pro Give yourself plenty of time!
PREPARING FOR TRIAL: EQUIPMENT Evidence Presentation System (EPS) Ask the clerk and/or look online What equipment is available? Document camera, VCR or DVD, Computer, Monitors If the technology you need is not available, ask the clerk if you can provide your own Find out how the sound system works prior to trial Equipment Checklist Who will run the software - IMPORTANT Electronic cart Projector w/ extra bulbs HDMI cable TV with HDMI input HDMI transmitter and receiver Laptop Laptop dock ipad/tablet Speakers Portable printer w/ extra ink Extension cords Tape Batteries USB external hard drive
TRIAL: OPENING STATEMENT/CLOSING ARGUMENT PowerPoint Presentations Graphics; depo clips; insert timeline (see below) Timelines TimeMap (Lexis); West Case Timeline (Thomson Reuters)
TRIAL: POWERPOINT IN OPENING Opening Statement: Price-Waterhouse v. Hopkins
TRIAL: POWERPOINT IN CLOSING Exhibit 241: Who was really trying to contact whom?
TRIAL: POWERPOINT IN CLOSING Anderson on the Double Bind
TRIAL: POWERPOINT IN CLOSING Dr. Friedman on Plaintiff s Double Bind
TRIAL: POWERPOINT IN CLOSING How Plaintiff could help Paul What year is this anyway?
TRIAL: TRIALPAD SOFTWARE TrialPad App on ipad: $129.99 in the App Store Features include: Presentation mode Mark admitted exhibits Search for exhibits Callout/zoom in exhibits Highlight exhibits Write on exhibits with pen Redact exhibits Laser pointer Project exhibits with Apple TV Easy customer support Equipment Needed For TrialPad App: ipad Apple TV (late model 3rd generation and newer) HDMI cable TV with HDMI
TRIAL: SANCTION AND TRIAL DIRECTOR SOFTWARE Both function similarly Depo clips (on the fly) Present and annotate exhibits Preview screen Equipment needed Windows laptop HDMI cable TV with HDMI HDMI transmitter & receiver OR Windows laptop HDMI or VGA cable (depending on your laptop & projector) Projector Screen
TRIAL: SANCTION Working Screen
TRIAL: SANCTION Presentation Screen
TRIAL DIRECTOR Call up exhibits quickly with hot key shortcuts
TRIAL DIRECTOR Call out and select highlighted text and make other annotations on the fly
TRIAL DIRECTOR Scroll through a called out selection
TRIAL DIRECTOR Edit and show deposition video with corresponding transcript
TRIAL DIRECTOR Display deposition video alongside relevant exhibit
TRIAL DIRECTOR Preview your screen before displaying it
HYPOTHETICAL
Q&A