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 Dropboxcan 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.comInformation 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.