What Happens in Vegas: DRI Product Liability Conference

I had the pleasure this week of speaking at the DRI Product Liability Conference on the topic, “There’s an App For That,” along with Josh Fleming (Frost Brown Todd LLC). Josh is an attorney who has truly embraced technology and the iPad, replacing a lot of books and notepads with the ubiquitous little tablet. It was a treat sharing the session with him, as we offered two very different perspectives on iPad apps for lawyers and trial presentation in general.

A nice collection of legal apps

Most of the apps discussed have been reviewed on this blawg, and you may use the search feature to locate any specific app or topic. In this article, links are to articles containing relevant links to other reviews (e.g., the ExhibitView link will lead to reviews of other trial presentation apps). Trial Presentation apps covered (and shown) were TrialPad, Evidence, Exhibit A, ExhibitView, and TDmobile -- TrialDirector’s yet-to-be-released offering, which is expected to be available in a couple of months or so. In all fairness, I won’t write a review until the final release is ready to go, although I have been testing early versions. This app, according to inData, will be free. That could certainly shake up the trial presentation app market space.

One advantage TrialDirector has recently added is the ability to export a subset of exhibits all packaged for the iPad app. ExhibitView (for the PC) also has this capability, and according to Ian O’Flaherty (TrialPad), the exported data set will work with any of the trial presentation apps.

TrialDirector Export to iPad

In addition to these, Josh and I also covered several jury selection (voir dire) and monitoring apps, legal research and calendaring, and of course Dropbox, which seems to be the key to getting data into all of the apps. Josh also discussed several stylus options and keyboards for the iPad.

We wrapped our session by showing an actual “iBrief,” which contained embedded animation, video, and even a 3-D products model. This was probably the “ooh, ahh” moment of our presentation. It could be used for expert witnesses, mediations, depositions, and settlement conferences. The nice thing about the iPad is that you can easily capture the current screen at any time by simply hitting the two "on" buttons at the same time.

Please feel free to follow up with any questions either by posting them here, or by using the contact info links at the top of this page. I just had a couple of trials get pushed, so if you happen to need a little assistance in an upcoming matter…

Medical Malpractice CLE in Palm Springs

I was in Palm Springs this weekend, where along with the beautiful 90 degree weather, I enjoyed speaking at the California Medical Legal Committee Annual Meeting to a group of some of the Golden State’s top Medical Malpractice Defense Attorneys. We discussed how using technology can improve your trial practice, and I shared some ideas on how to get insurance carriers and clients to cover the cost of this valuable service. It is critical to educate them on how the use of technology in trial presentation can significantly reduce the length of the trial, improve jury comprehension and retention, and easily increase the volume of evidence presented. 

It is far more efficient to show everyone an exhibit at the same time. Highlighting a word or sentence can then actually help you “argue” the document to an extent -- pointing out facts to the jury which can help them view your perspective of the case. It should also be explained that jurors learn just like the rest of us. When we have a visual image available, we understand new information better -- and retain it longer.

Another idea to help convince a client or reluctant carrier is to propose a cost-sharing plan with opposing counsel. Although a Trial Presentation Consultant cannot provide privileged work-product to both parties, you can share the in-court presentation of the exhibits in a neutral fashion. If opposing counsel is agreeable, they will also cover half the cost, making it a very reasonable option for all. Should they also wish to have someone helping organize and prepare exhibits, deposition designations or demonstratives (work-product), they will have to bring in another trial tech. Ethical walls must be respected at all times. I can say that in my experience, when an agreement to share costs is reached, carriers have been willing to cover their half of the expenses.

An informal survey (attendees raising their hands) indicated that nearly all of these trial veterans had used some form of technology for their own trial presentations such as an ELMO (document camera), most have seen fully-equipped courtrooms (with everything you need to simply plug in your laptop and present your evidence), about 25% or less had used actual trial presentation software, about 50% have an iPad, and only one (out of about 50 or 60) was running a Mac platform, with the remainder on a Windows/PC system. Insurance carriers and clients should be aware that if the courtroom is already set up for trial presentation technology, chances are the Court will expect parties to use it.

Note: I am available for a few CLE presentations each year, generally covering the topic of technology used in improving your trial practice. If your group is interested, feel free to shoot me an email (links are at the top of this page).

"Live" Interactive E-Briefs for iPad

Morgan Smith (Cogent Legal Graphics) has come up an ultra-cool way of putting together e-briefs. If you’re not familiar with the concept of e-briefs, you’ll do well to do a little research on the topic. Many courts are now requiring submission of briefs via electronic files, such as PDF. I was actually working on a review of some e-brief providers for Law Technology News, when I saw this. 

Smith has a method of saving a brief in an iBooks files format, which can be viewed on an iPad. The really cool thing about this is that although a “normal” PDF-based e-brief allows you to include extra files and add hyperlinks to exhibits and cites, this allows you to actually “embed” the files into the presentation, including documents and photos, plus video and even 3-D models. 

I’ll be honest – it takes quite a bit to get me excited about something “new” in legal technology these days, but this one does it. Smith shares an article on his blog, e-Briefs on the iPad: An Exciting New Tool to Give Attorneys an Edge, and if you are reading this on your iPad, you may download the demo file here.

The downside is that in order to view it with all of the bells and whistles, you’ll need to use an iPad. Now, if the case is worth 7 or 8 figures, it could even be worth providing one for the Court, if necessary. This could also be extremely helpful in Mediations, Settlement Conferences and Markman Hearings. As an alternative, you can also view most of it in the PDF format, but you won’t be able to view video, or “grab” and examine a 3-D object. 

In any event, e-briefs should be on your to-do list. I look forward to sharing this with my clients. It's definitely something I can add to my arsenal.

Contact me if you're interested in more info on the "iBrief" and how it can help your case.

Rest in Peace, Finis Price

It is with great sadness that I report the passing of a highly-regarded and respected fellow Trial Consultant and Blogger, Finis Price. I would always enjoy reading his reviews of various software and iPad apps for the legal professional. At only 37 years old, he was already soaring among eagles.

Though our nation may be large, our community is small and tight. Here is the email which was sent to me by Don Gibson (The Trial Division, LLC), another fellow Trial Consultant:

FYI – Ted.

Subject: Finis Price

http://www.linkedin.com/in/finisprice

Those of you active at LinkedIn have probably heard of Finis or read some of his posts. He was an attorney from Louisville, Kentucky who, with his wife, a paralegal, had a trial support and presentation company called TechnoEsq.

A marketing email I received today from ExhibitView contains this sad news.

“We are saddened to learn of the passing of Finis Price, Esq. this past weekend. Finis was an incredible person, always willing to help and was a consultant for us on our iPad app. He came to Georgia for our CLE in January and everyone just loved him. He was the author of www.technoesq.comand he was a major authority on iPad apps and legal technology. Finis was from Louisville, Kentucky and we, Bob Finnell, Esq. and I, Bill Roach will miss him, his laugh and his advice a immensely for a long time into the future. –Bill”

From what I’ve gathered it was an accident of some kind last Thursday. He was only 37. Those of you who know Ted Brooks might want to pass this along should he wish to post the news at the Trial Technology group.

http://www.legacy.com/obituaries/louisville/obituary.aspx?n=finis-raymond-price&pid=155943355&fhid=7239

Keep on soaring, Finis - we will miss you and your unique perspectives.