iPad Apps for Lawyers: iJury for Voir Dire

Reprinted with permission from the Jan. 19, 2012 issue of Law Technology News. ©2012 ALM Media Properties, LLC.

iJury

After a lengthy trial and engaging voir dire without computer assistance, Orlando, Fla.-based attorney Lawrence Williamson teamed up with computer technician Sean Ham (who assisted Williamson with trial logistics and document management) to come up with iJury, an affordable iPad app that would enable attorneys to "concentrate on the art of voir dire and move away from the excessive note taking and paper shuffling."


Digital convergence is an admirable charge for any app and fits well with the iPad vision. I've reviewed several apps designed for jury selection (voir dire) and monitoring and, although they all appear to be helpful, the fiercest competitor to iPad apps remains the venerable Post-it® Notes.


Some things just seem to work better the old-fashioned way. Perhaps one reason is that entering data on the iPad, although it can be comprehensive, takes most of us longer than scribbling on sticky notes. While it is likely just a simple matter of adjusting your work flow to input data on the iPad, I still see more people using the familiar little yellow squares than apps such as iJuror, JuryTracker, Jury Duty, or even full-feature software applications such as Jury Box.


One thing sticky notes can't do is perform data analysis, but that is true of most iPad apps for voir dire. Most apps do a decent job of storing and retrieving juror information, but don't do much in the way of looking at the big picture. iJury is different. Once you've entered personal information on each juror, you're able to view the bigger picture, literally, in a series of dynamic charts. These bar charts indicate trends in your jury pool, including overall indications of positive, negative or neutral scores for your case, as well as a desktop view of a jury's gender and racial balance and socioeconomic status.

Figure 1

Figure 1 shows a high-altitude view of iJury that can help flag potential issues with your currently seated panel of jurors. Additionally, a sample set of common voir dire questions is included, which may be scored positively or negatively for each juror according to their responses -- and you have the option to add your own questions.

Figure 2

Launching iJury the first time brings up a nice tutorial video, which you may also view online. I thought this was a nice touch, allowing you to get a quick feel of what the app is all about and how to handle each task. The video can also be accessed again later by tapping the "Info" icon in the Case browser.

Figure 3

In comparison to other apps for jury selection, iJury requires a similar amount of input for each potential juror, and focuses only on the currently seated panel vis-a-vis the entire jury pool. When using the iPad in this manner you would certainly want to enter all of your juror information ahead of time from their responses to your questionnaire.

Figure 4

Overall, iJury appears to be a nice alternative for iPad-wielding attorneys and trial consultants looking to clean up the counsel table and keep it free from sticky notes during voir dire. And at only $14.99, it won't break the bank.


:::: PRODUCT INFORMATION ::::

Manufacturer: Dynamis Law
Product: iJury for iPad
Price: $14.99

Review: ExhibitView for iPad

Reprinted with permission from the Jan. 11, 2012 issue of Law Technology News. ©2011 ALM Media Properties, LLC.

Author’s Note: I’ve added some additional screen shots and info to this blog version.

I’ve had many people ask,  “When will TrialDirector have an iPad app?” The last time I discussed it with InData, they had looked into the idea but felt that it may not be worth the investment to develop an iPad app. They were, however, exploring remote control possibilities, using an app such as LogMeIn Ignition to control the full-featured PC version of TrialDirector over a Wi-Fi network.

William Roach, developer of PC-based ExhibitView software, decided it was worth his time to develop an iPad app for ExhibitView. By adding ExhibitView iPad to their product line, the company has become the first trial presentation software company to offer a software application for both the PC and the iPad. Roach says, “Specifically we wanted to be in the iPad space because of all the excitement. We really thought about how we could enhance the value of our PC brand and not circumvent its sales. With the majority of law firms still having PC’s and everyone getting iPads, we felt it was a very deliberate strategic move.”

ExhibitView is  also developing a version of its trial presentation software for the Google Android and Apple Mac operating system. This  aggressive development strategy is encouraging to gadget-minded litigators. Although I don’t have an Android tablet, I would love to compare ExhibitView on Android  with the iPad version once it is released. For now, I will settle on a standalone review of the ExhibitView on the iPad.

After several years of battling for market-share with the likes of TrialDirector and Sanction, ExhibitView iPad joins the ranks of TrialPad, Evidence, and Exhibit A in the iPad apps for trial presentation space. For the purpose of this article, I will not review the PC version of ExhibitView, although I will say that users of the software will find themselves at home with ExhibitView iPad, which has  a similar look and feel to the PC application. In fact, the PC version of ExhibitView has just added a new feature, “Save as iPad,” which exports an entire case in ExhibitView on the PC to a file that can be imported without modification into the iPad app.

At the current introductory price of $29.99 (regularly $69.00, or free with purchase of ExhbitView PC version),  ExhibitView falls in the mid-range for trial presentation apps. In the “Wild West” iPad app development game, price does not necessarily indicate value. It seems that setting a price point for an app is (or at least was) something of an experiment, which Roach and ExhibitView benefitted from by coming to the table, or iPad,  late.

Opening ExhibitView iPad brings up a screen which features a Dropbox link icon. One of the first things you’ll need to do is set up a Dropbox account, because that is the only way to get exhibits and files onto the iPad and into the app. But don’t fret, Dropbox still has free accounts with a maximum of 2 gigabytes of disk space allocation. Once you establish an account and link it to the app, you’ll have full access to all of your exhibits stored in Dropbox.

From Dropbox, you may choose individual files or entire folders to download to the iPad. This can make it very quick and easy to import an entire case file into the app, which you’ve assembled on your PC (or via the Save as iPad feature in ExhibitView). Although file transfer via iTunes is not supported, connecting via cable to your laptop every time you need to update exhibits in a case is not a very practical method during a trial.

Another nice feature on the home screen is the Help button. The help file does a nice job at covering the basics, although you could probably just jump right in and start using the app by creating a new case, adding exhibits, and trying out all of the tools and features.

Although ExhbitView iPad works in either landscape or portrait mode, which allows for 360 degree iPad rotation, I would recommend using landscape mode because of the added real estate available to see and select files listed on the left-hand side of the iPad.

The app handles several file types, but I encourage you to work with PDF files. I tested PDF, Microsoft Word, and PowerPoint files;  JPEG and PNG images;  and MP4 video. Other than graphic layers getting a bit whacked in PowerPoint (I’ve seen formatting issues in other apps, and would generally recommend converting exhibits to PDF anyway), it all worked nicely, including the Word document. I did, however, notice an issue in displaying the proper (full screen) image with native PowerPoint and Word. Although .pptx and text files showed up in the file list, they are not supported, and did not display. In a trial presentation app, it would certainly be helpful to handle a text file, with options to work with transcripts.

A nice feature I like about ExhibitView’s “database” view is that there are tabs which will automatically filter and sort exhibits by file type for you: Documents, Images, A/V Media, and All (to show everything in your evidence collection).

Connecting the external monitor when the app is running automatically connects the iPad, displaying the ExhibitView logo, however you’ll still need to hit the “On-Off” button to begin sending images. Note that this button indicates the current state: not what will happen when you tap it. In other words, if you tap the red “Off” button, it turns the presentation on, and then the button turns green, and reads “On.” Maybe it’s just me, but this seemed a bit counter-intuitive for what appears to be an active button soliciting a state change. Once I tapped “On,”  the screen goes to a blank (no logo) dark gray color, ready to display an exhibit.

The presentation features are nice and the app handles the two most important features nicely – Callout Zoom and Highlight, with highlights appearing a natural, transparent yellow. Although you can only have one active callout, you can move the callout around and even leave it in place when you scroll to another page of your exhibit.

You can use a pinch-zoom gesture to zoom in on an exhibit and add a Callout on top of the pinch-zoom, and even highlight the Callout. You can rotate the image (probably should have done that ahead of time anyway) and use a straight-line or free-drawing pen, which you may set to a desired color and thickness. I noticed that the free-draw pen formed a series of short, straight lines (rather than actual curved lines) when attempting to draw a circle. There are Undo and Redo annotations buttons, an Eraser to remove part of an annotation, and a Print (Adobe AirPrint) button.

There is also a nice “Screen Lock” feature, which disables all of the file access options and allows you to  hand the iPad to a witness to use like a “John Madden” Telestrator device (yup, just realized, there’s an app for that, football fans). When your witness is done marking up the document, you can use the snapshot button to capture the image in .png format. The flexibility of the iPad would permit you to do this “live” in front of the jury, by keeping it plugged into the system, or you could easily disconnect, save the work, and then reconnect to show the completed work. This could even be a valuable feature when used in conjunction with other trial presentation software. At least (in my opinion), it beats the heck out of those clunky touch-screen monitors.

In addition to all of the annotation and presentation features, you can display two exhibits side-by-side, and annotate or zoom in on each one.

Many of the differences between ExhibitView PC and ExhibitView iPad are actually a result of the limited functionality of the iPad itself. You simply cannot build and manage a complex database on an iPad – at least not in a practical manner. Also, you’ll enjoy a far greater degree of speed and accuracy when using a mouse and keyboard (compared to a finger, or even a stylus), as well as the ability to handle most common file types, as opposed to just a few. I’ll always agree that doing almost anything on an iPad looks cool, but that’s really not all that important in most trials.

I would be comfortable using the ExhibitView app in a smaller matter, but only after thoroughly testing and checking it with all of my exhibits. I would look forward to the opportunity to have a witness use the ExhibitView iPad app to mark up an exhibit. This could also be a nice tool to use in depositions. I feel that ExhibitView is a real contender in the trial presentation app space, and if you’re interested now would be the time to get it for just $30. I will close by stating that phenomenal success stories notwithstanding, I still prefer to use my laptops instead of an iPad for trial presentation.

ExhbitView iPad Website

ExhibitView iPad on iTunes

Update: ExhibitView for iPad, BlackBerry's Doom, Android Tablets

I would tell you that I’ve just finished reviewing ExhibitView iPad, but then I’d have to tell you that you’re going to have to wait to read it until it gets published on Law Technology News. I’ll let you know once it’s up there (follow me on Twitter if you want the quickest and latest updates: http://twitter.com/litigationtech). Without spoiling, I can tell you that I was impressed, and look forward to seeing other developments from them.
Update: The review has been published and is now live on Law Technology News.

Speaking of Law Tech News, I’ve been quoted in a few articles there recently. One was an interesting piece by Brendan McKenna, LTN's news editor, entitled “2011's Tech Folly of the Year”. That “folly” was none other than the once-ubiquitous BlackBerry, so addictive it was even referred to as the “CrackBerry.” Read the entire article for some additional insight, but here’s my prediction of doom.

In May, our own Ted Brooks announced his defection from BlackBerry here in the pages of LTN, saying, "BlackBerry has been losing market-share in a big way recently, and I suspect I am a classic defector. Although I've been a BlackBerry user for nearly 15 years, I am weary of screen-envy, and since the next version of BlackBerry OS for the latest BlackBerry device won't support my current device, I'm done with it." He adds that he feels no desire to purchase the PlayBook, for the reasons cited above. In August, Brooks again suggested that RIM's days were numbered: "Even though Research In Motion has owned the legal market for many years, unless they once innovate instead of renovate, the BlackBerry's days are numbered." While not necessarily indicative of a trend, Brooks is known throughout the legal technology community for his Court Technology and Trial Presentation blog, so when he defects in such a public manner, it may be right to presume that RIM has one foot in the grave.

Just last week, Evan Koblentz, a reporter for Law Technology News shared his thoughts on the iPad versus Android tablets, in “iPad Mania Aside, Tablets Are Inefficient Work Devices for Lawyers.” After testing the Samsung Galaxy Tab 8.9, Koblentz finds that “For tech-minded lawyers, Android is worth considering because of the many customization options, various screen sizes, and hybrid laptops, such as the Asus Transformer series. But for most lawyers, it makes a lot more sense to follow the herd into Appleville, as Law Technology News columnist Ted Brooks noted recently.”

Also, I’ve just downloaded and started my review of a new app which claims to be an aid in jury selection, called iJury. Stay tuned, and I hope the New Year has been good to you thus far!

Ted’s Top Ten from 2011

Here are a few of my most popular and favorite articles from the past year. Thanks for reading and sharing this blog!

Apples to Apples: Two iPad Apps for Trial Presentation - TrialPad v. Evidence

JANUARY 12, 2011 – This article offered the first head-to-head comparison of the first two trial presentation apps for iPad, and quickly found itself at the top position for all-time most popular articles, where it remains today. There are now others, including Exhibit A and ExhibitView for iPad, which I will be reviewing very soon.

iPad Apps for Lawyers: iJuror, JuryTracker, Jury Duty, WordPerfect Viewer

JANUARY 24, 2011 – What is it about those iPad app reviews? Readership on this blog increased exponentially in 2011, largely attributed to the many iPad app reviews I’ve written. This article explores several apps for jury selection and monitoring, and is comfortably in the second position for all-time most popular articles.

Judiciary Opinions on Technology in Trial

MAY 3, 2011 – Often, litigators make certain assumptions about the Judge and jury, which are not always on the mark. One such assumption is that Judges don’t care for the use of technology in court. Here are a few noteworthy quotes for the doubters.

Samsung Nexus S: BlackBerry Replacement or iPhone Alternative?

MAY 18, 2011 – I’ve never really used a device just because it’s the cool thing to do. I do love my iPad, but I don’t believe it is a true laptop replacement – regardless of what others might say. Same goes for my phone. I did my homework, and found that the Google phone would be a better tool than the iPhone, and on a better network (Sprint) that still features an unlimited data plan. This particular article was also very popular in the non-legal tech channels.

Casey Anthony Verdict: Was it Wrong?

JULY 5, 2011 – It’s hard to believe this happen this past year – it already seems so long ago. Our justice system was put to the test, as was our perception of trial coverage by the media. Whether you agree or not, the verdict stands.  This article was very popular in both the legal and non-legal audience.

Trying Your Case in 3 Hours: California’s Expedited Civil Jury Trials Act

SEPTEMBER 6, 2011 – Written for CAOC Forum Magazine, this article was mentioned as one of the most-read posts on LinkedIn. While the basics of trial preparation are similar, you’d better have everything ready to go in an abbreviated trial.

I Am Troy Davis

SEPTEMBER 21, 2011 – This was perhaps the saddest article I’ve ever written. Regardless of your position on capital punishment, we must not allow our judicial system to be manipulated in the interest of convenience or to satisfy public rage.

 Ten Questions to Ask Your “Hot Seat” Provider

NOVEMBER 7, 2011 – Due diligence should go beyond the storefront. Make sure the person who will actually be working with you is qualified. Don’t just accept the sales pitch.

Ten Qualities of Top Trial Presentation Professionals

NOVEMBER 20, 2011 – Hmm, looks like I was on a roll here. If you are considering bringing in an outside vendor to assist with your next trial, this article offers another check-list of qualifications you should be looking for.

12 Top Legal Sites You Should Check Out

DECEMBER 4, 2011 – You can’t accuse me of tooting my own horn with this one. In fact, I’ve listed several of my favorite sources of legal and technology information. In less than a month, it has found a home on my all-time most popular articles, at number 3. Readers have added several of their own suggestions. Feel free to add yours.

Mobile Living: Life on the Road

No, I’m not talking about hitting the road in an RV. I’m talking about the out-of-town trial, and a few things you might not otherwise think about until you need them – which would then be too late. I’ll offer a few thoughts here, and feel free to add yours at the end of the article.

Internet Connection – Honestly, I can’t imagine being without a decent connection these days, when only a few years ago, it was a pure luxury. In most courthouses in major cities, you can get a decent cell-phone signal. If you can do that, and if you have a smart phone that doubles as a Wi-Fi Hotspot, you’re set for providing access to several laptops, iPads, or other devices. There are also services such as Courtroom Connect in many courtrooms, in addition to a free public service in some (usually intended for jurors). All due cautions apply to each.

Printing, Scanning, Copying – These common, simple daily functions must not be overlooked, and ideally, you will be able to do a decent job of each in both the war room and the court room. While the war room should have equipment available to handle the expected volume, you should also be able to scan or print something in the courtroom, if necessary. There are a number of portable scanners and printers on the market, and mine fit into my carry-on bag which I take to court with me each day. I’d rather not print 10 copies of 12 different exhibits in a big hurry, but I can handle the occasional (or frequent) emergency.

With that, you might also consider using 3-hole pre-drilled paper if you’re putting everything into binders, so you don’t have to worry about punching the pages. One more tip is to bring along a high-capacity stapler, since many exhibits are too thick for a standard staple (over about 20 pages). You should also check out local resources for vendors.

Redundancy – You should always have a current backup of your trial database available. When you’re at home, this may be simple, but when you’re on the road, although dealing with the “blue screen of death” is no longer a routine issue, problems still occur. I recommend have a second laptop of the same make, model and configuration, in addition to a full copy on an external hard drive, which may be used to transfer from one to the other (leaving a third copy on the drive itself). I’m not a big fan of data sync software either, and I have seen it fail. There’s nothing quite like the feeling you get when you realize something has gone wrong. At least if you’re handling it manually, you will know what you did, and likely have a quick recovery available. Also, over-writing database files doesn’t always go as expected, so I will first delete the old set, and then copy over the updated set. Thumb drives and cloud services such as Dropbox can also be helpful.

Other Devices – iPads, Tablets and other devices can also help to make your life a bit more comfortable. If you have one, you know what I mean. If you don’t, you probably won’t understand until you get one. Although there are even apps for trial presentation which I’ve reviewed here, such as TrialPad, Exhibit A, Evidence, and now ExhibitView (currently on sale for $29.99, which I’ll be reviewing soon), most of the cases I handle are far too complex for the capabilities of the iPad. On smaller matters, however, using the iPad in trial could be fun. I have successfully used mine in several CLE presentations.

Use Caution With Room Services – If you’re looking for an easy way of upsetting an otherwise happy client, go ahead and turn in your expense report with a long list of top movies, fine dining, cocktails, and sending out all of your suits you’ve been meaning to get dry-cleaned. Just because you’re living in a hotel doesn’t mean you’re on vacation. Although your extravagant indulgences may be strategically distributed throughout the duration of your stay, think of how it’s going to look on paper – one right after another.

Okay, off to court. Have a great day!

12 Top Legal Sites You Should Check Out

Many of us have our own short-list of web sites we check frequently to keep current on topics of interest. Whether you found your way to this site through a web search, clicked on a Twitter, Facebook or LinkedIn link, I appreciate that you’re reading the Court Technology and Trial Presentation Blawg. Of course, I also greatly appreciate those who share this site with others. Web traffic and readership are pure motivation to bloggers, as are comments and compliments.

I am going to share a few of my favorite blogs which I enjoy reading regularly. I hope you’ll enjoy my list, which will focus on legal technology, jury selection, graphics and trial presentation. Feel free to add some of your favorites in the comments area.

1.    Law Technology News -- The mother of all legal technology sites, this site is a Law.com publication, headed up by Monica Bay, a household name in legal technology. Articles are original, fresh and timely, and they also have a print publication available. Authors include a staff of excellent writers, and LTN features many familiar names in the profession.

2.     The Red Well -- This site features a directory and preview links to current articles provided by a select group of bloggers. Topics include Jury Selection, Litigation Graphics, Trial Presentation, and Communication for Lawyers.

3.      The Jury Expert -- This site is not actually a blog, but rather a very highly-regarded monthly collection of articles, provided by members of the American Society of Trial Consultants. Authors vary monthly.

4.     LinkedIn Trial Technology -- With nearly 2000 members, this is the largest online group focusing on the intersection of law, technology, and visual communication.

5.      Lawyer Tech Review -- This site features a bi-lingual (English and Spanish) collection of articles covering all the latest tech-toys a lawyer could want. A favorite is the App Friday series, where legal luminaries are asked about the apps they use. Attorney Geri Dreiling is the Editor, with Enrique Serrano providing the Spanish version of the site.

6.       Bow Tie Law -- Attorney Josh Gilland explores legal technology and its application in case law, and covers e-discovery frequently.

7.    Deliberations -- The “official” blog of the American Society of Trial Consultants features articles by Jury Consultant Matt McCusker.

8.    Cogent Legal Blog -- Morgan Smith and company offer a great deal of insight on how to communicate visually, using graphics and animations. Smith, an attorney, is the primary author, with contributions from others.

9.    The Litigation Consulting Report -- Ken Lopez features helpful topics focusing on using graphics to speak to jurors. Some great ideas.

10.   igetlit.com Information Graphics & Litigation -- Jason Barnes offers great insight on visual communication techniques based on his years of experience in the profession.

11. Litigation PostScript -- Dr. Ken Broda-Bahm provides perspectives of a Jury Consultant. Lots of great “how-to” info on jury selection and analysis.

12.   Litigation Support Technology & News -- Joseph Bartolo and Frank Canterino scour the net for you to offer a collection of summaries of current articles found on many popular blogs.

I’d gladly recommend any or all of these sites to those who are interested in the modern practice of law. Of course, there are many more, and feel free to add your own in the comments section, and use the Twitter, Facebook, Google+ and other social media buttons to share this collection. As a disclaimer, I will mention that I have contributed to numbers 1, 2, 3, 4, 5 and 12 listed above.

Ten Qualities of Top Trial Presentation Professionals

Dr. Conrad Murray, Michael Jackson Trial (see video below)

Back in the day, when I was the firm-wide in-house Trial Consultant for Brobeck, trial presentation software and technology were actually quite similar to what we use today – at least with respect to the way the exhibits are organized and presented in trial. Sure, computers and software have come a long way, but the biggest difference is the fact that more lawyers are using it. So, what are a few of the key qualities that seem to be a common thread among the nation’s leaders in trial presentation? I think you’ll find that many of these are also the traits shared by successful litigators.

1.       Trial Experience
There is a reason this profession is often referred to as the “hot-seat.” There is nowhere to turn, or nobody else to blame when (not if) something goes wrong, and only experience can help develop the knowledge of how to immediately correct most any issue, and in such a manner than nobody else even realizes there was a problem.

2.       Confidence
This comes naturally with actual trial experience, as noted in #1 above. If there is a lack of experience, there will also be a lack of confidence. Typically, a lack of confidence is easy to spot, and often, the reasons for this shortcoming become apparent in trial. A truly confident trial presentation professional will appear cool and calm, even when they’re under a great deal of pressure.

3.       Obsessiveness
In addition to trial experience, there is nothing like preparation to bring peace of mind to the trial team. During trial prep and the trial itself, there are no adequate excuses for not getting something ready in time. If this means working 16+ hour days, and not going to sleep until everything is ready for the next day, then so be it.

4.       Makes it Look Easy
Maybe you’ve seen at attorney working with a trial professional, and noted how it appeared as if every step was rehearsed – almost as if they both knew exactly what to do, and when. On the other hand, perhaps you’ve witnessed (or been part of) of a trial presentation meltdown, where exhibits weren’t presented in a timely manner, and frustration was apparent on the part of the attorney and trial presenter – not to mention the Judge and jury. The best trial presentation professionals are able to anticipate where the next callout or highlight should be, and will just make it happen.

5.       Above-average Work Ethic
One thing I have learned in my years working with some truly great attorneys is that you must be willing to work harder than opposing counsel. While hard work won’t turn a bad case into a good one and win, laziness can make you lose. Great attorneys are relentless. So are their trial teams. Gerry Schwartzbach once told me quite simply, “We will out-work them.” David Boies once asked his weary trial team, “Do you want to sleep, or do you want to win?”

6.       Data Management Expert
One problem with those who find that trial presentation software is actually pretty easy to learn (at least the basics), is that it doesn’t make you a file management expert. Unless you are capable of organizing tens of thousands of pages, you shouldn’t attempt to do so. One of the most common causes for problems in trial presentation is poor data management.

7.       Computer and Software Expert
While nobody can know everything, an experienced trial presentation professional will be familiar with most programs used by law firms, including litigation support applications. They will also be able to assist with computer problems, spreadsheets, and graphics. They will certainly be intimately familiar with their trial presentation software, and will know how to make the most of all features. Paralegal skills and experience can also be a plus.

8.       Resources
One life-lesson I learned many years ago was that the smartest people are not necessarily those who have all of the answers – but rather, those who know where to find the answers. Whether that means knowing where and how to search the Internet, or having a list of fellow professionals handy, there should rarely be a situation that cannot be resolved. It can also mean finding a way to get 3 copies of 20 exhibits scanned and printed at 2:00 AM.

9.       IT Expert
One quality that is often overlooked is the ability to simply “make things work.” This can mean installing and wiring an entire courtroom, setting up the remote war room, or getting everyone connected to the network. When working out of town in a remote war room, chances are you didn’t bring along your IT department with you. There is far more to this business than putting exhibits up on a screen.

10.   Top Firms and Cases
Never hesitate to check the background of your provider. If you’ve never heard of them, and/or if they don’t have an impressive list of clients and cases, chance are they don’t have the experience necessary to support your trial. Unless you’re willing to provide training wheels, don’t waste your time with someone who is just getting into this business.

Here’s an example of a total FAIL in the recent Michael Jackson trial of Dr. Conrad Murray, as described in #4 above, courtesy of Chris Ballard, of Video and the Law.

A Day in Trial

There is an increasing interest in using trial presentation software to help persuade jurors in litigation of all types. Once considered the domain of the mega-firms with their billion-dollar clients, trial presentation technology has now trickled down to the point that it can be used in most any matter. The decision is no longer whether or not to use it, but how to get the most out of it, while staying within the budget. There are a few common options.

You may want to have an attorney handle it. At first glance, this appears to be a perfect match. Another attorney billing on the case, and they are already familiar with the exhibits and the case. From a client’s perspective, however, the billing rate is likely quite a bit higher than that of a trial technician, but even more importantly, it takes a great deal of time to manage the database, prepare exhibits and deposition clips, and present the evidence. If the assigned attorney has little else to do, it could work. If there are other “normal” trial responsibilities, adding a menu of tasks that require constant attention and maintenance may not be a good fit.

Another way to staff your trial presentation is to pull a paralegal and have them do it. However, as in the example above, chances are you’ve already assigned a full day’s workload on your paralegals, and unless you’re able to relieve them of all of their other chores during trial, burnout may be on the near horizon. It is not realistic to expect anyone to work two full-time jobs, and that is about what it amounts to.

Other considerations are familiarity with the software, protocols, and the case itself. Trial presentation software is not unlike many other specialized programs that unless you use them regularly, you are not really comfortable or familiar with the features. In trial, you don’t have time to search the Help Menu for solutions, or call for support when you have a problem. It’s all on you, and if you cannot make it work in a matter of seconds, you may find yourself using the hard copy exhibits.

Whether in-house or outsourced, a full-time trial presentation technician or consultant is generally going to be the best option available. Someone whose sole function is to ensure that every exhibit is accessible, and presented to the jury as needed. The more experience they have in this role, the better things will flow, and the trial presentation database should be their primary function. All other tasks should take secondary roles, as it often requires 14-16 hours per day or more during trial to keep everything rolling smoothly. Once counsel is finished preparing for the next day’s witnesses and retires for the evening, the trial tech goes to work, getting all exhibits and testimony ready to go, backing up the database, and adding new documents. They will also be familiar with the courtroom presentation equipment, and how to deal with the Court staff.

Although it may seem counter-intuitive to bring in someone who isn’t already familiar with your case, this can actually be one of the greatest assets of a consultant. It is true that they don’t know the case, or how you view things. Neither will your jurors, and if you have someone willing to share an objective “outsider’s” perspective, that’s the closest you can get to the mind of your jurors. Don’t expect (or ask) them to see it your way, and don’t attempt to convince them. You don’t need another pat on the back or a “yes-man.” Just ask for their feedback, and take advantage of any insight they have to offer.

Ten Questions to Ask Your “Hot Seat” Provider

First, I’ll define the term “Hot Seat.” In litigation, this is used to describe the role of the trial presentation technician or consultant – the one responsible for managing and presenting the evidence to Judge and Jury. Any delay in presenting the requested exhibit can seem like an eternity. One miscue on their part, such as bringing up the wrong exhibit, can immediately result in a mistrial – hence the term, “hot seat.”

1.       How much will it cost?

Make sure to get the “real numbers” in any estimates you receive, and see if there are hidden extras, such as overtime, travel, equipment, weekend or holiday charges, project management fees, etc.

2.       How much do you personally make?

Cost does not always equal value, and hourly rates do not necessarily indicate the level of competency of the individual actually providing the services. This may be a very personal question, but if the hourly rate is $250, and your hot-seat tech is making $25 of that, there’s a problem.

3.       How many actual court trials have you personally handled the “hot seat” in?

This should be a realistic number, and is not the same question as, “How many cases have you worked on in any capacity?”

4.       Have you ever been involved in a trial similar to this?

Your “hot seat” person will be comfortable, and thus more effective, in familiar surroundings. Although it would be unrealistic to expect experience with the exact case type, things like the size and value of the matter, venue type, data formats, and general type of litigation are all helpful qualities.

5.       What extra value do you have to offer the trial team?

In some cases, the answer may be zero, and that is fine. In others, similar case experience, case feedback, jury monitoring, or other extras may help make the decision whether or not to hire.

6.       May I see your bio?

Don’t expect to see a résumé, as you’re not hiring an employee. However, you have every right to request a bio of the person(s) who will be assigned to your case. Make sure you’re getting what you pay for.

7.       How long have you been doing this type of work?

A few years can be a reasonable amount of time to master most of this. Unless you’re knowingly hiring a trainee (can you spell m-a-l-p-r-a-c-t-i-c-e?), make sure they’re not learning on your dime, and at the expense of your case.

8.       Can you assist with Opening Statement and Closing Arguments?

Depending on the case, it can often be helpful to have another set of eyes looking at things, and offering ideas on how to tell the story visually. This may or may not be something you need or are willing to pay for in your case.

9.       Are you capable of producing on-site graphics?

Any hot-seat technician should be able to make at least minor changes on the fly as needed. There’s simply not always time to engage the “graphics team,” regardless of wherever they may be located.

10.   What sets you apart from your competitors?

This can apply both to the company, and the individual(s) assigned. However, hiring a well-known company does not necessarily mean that the person they will assign is the best for you. Make sure it’s a good fit from top to bottom.

Trial Presentation: Greatest Hits Volume 3

As I have explained in the past, this blog is my passion and hobby, but not my profession. As a result, you will periodically see uneven posting schedules at times, when professional demands require more time. Even so, although the level of traffic during the longer gaps decreases somewhat, it still remains strong. The best compliment I can get on my blog is that people read, enjoy, and share. Thanks for your ongoing support! 

Here are few of the most popular articles recently on Court Technology and Trial Presentation. If you're interested in a topic you don't see here, try the Search feature. If it has to do with trial presentation and technology, chances are you'll find something on your topic.

Courtroom Projectors, Screens, and Monitors A few tips on what works in the courtroom, and what doesn’t. Should you rent or buy? Do courtrooms already have everything you need? 

Presenting Evidence in Trial - The Belli Seminar This article features the importance of visual evidence presentation. The best in the profession seem to share a common thread. Comments like “It looks too flashy,” or “I want the jury to focus on me” just don’t make much sense these days. 

iPad Apps for Lawyers: iJuror, JuryTracker, Jury Duty A few top apps for voir dire and jury monitoring are covered here. There is a great deal of interest in bringing the iPad to trial, and it weighs less than a box of books and legal pads. 

Can't See the Forest For the Trees During preparation for trial, a team learns the fine details and strengths of a case. What is often overlooked during trial is that jurors may not understand even the most basic elements of the case. To make assumptions in this regard may lead to disaster. 

Comparison of TrialDirector, Sanction, and Visionary I am often asked which is better, or which do I prefer. Although my personal preference is TrialDirector, I am always happy to use whatever the client needs. Trial presentation software is a tool, and is only as good as the person working with it.