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Essential iPad Apps for Trial Lawyers Plus 41 More Must-Reads

By Kathryn Hughes | Friday, April 1, 2016

Coming today to LitigationWorld: Our editorial team has selected and linked to 42 articles from the past two weeks worthy of your attention. Below you'll find a sample article from each section of today's issue, including our LitigationWorld Pick of the Week.

What Is the Title-and-Headings Canon of Statute Construction?

Westlaw Gets an App for News and Research on an iPhone

Search and Redact Text Patterns Using Adobe Acrobat

Predictive Coding for Beginners: What Every Attorney Needs to Know

Congratulations to Robert Ambrogi of The National Law Review on winning our LitigationWorld Pick of the Week award: 42 Essential iPad Apps for Trial Lawyers (2016)

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. You'll also receive in-depth litigation product reviews as well as links to the most noteworthy articles in other online litigation publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld

Concordance Desktop Seeks to Make Ediscovery More Accessible

By Neil J. Squillante | Wednesday, March 30, 2016

Today's issue of TL NewsWire covers ediscovery software for small-to-medium size litigation matters (see article below), a multifunction monochrome inkjet printer, speech recognition software for lawyers, and an email app that can send push notifications for even non-push accounts. Don't miss the next issue.

Discovery documents used to arrive with a thud — the sound of bankers boxes being unloaded from a hand truck. Today they're more likely to arrive via the dulcet tone of a Dropbox notification. Of course, this notification may not sound so sweet if you don't have ediscovery software.

Concordance Desktop … in One Sentence

Launched last month at LegalTech New York, LexisNexis' Concordance Desktop is an all-in-one ediscovery software suite for small-to-medium size litigation matters.

The Killer Feature

Concordance Desktop has a new input engine designed for do-it-yourself processing. The software can run on a relatively modest Windows PC, but thanks to its multicore, hyperthreaded architecture, you can increase processing speed with beefier hardware. Product manager Wil Cummings tells us that Concordance Desktop can process up to 60,000 pages per hour.

Processing requires just a few clicks. You create a new database, and then point Concordance Desktop to a data source such as an Outlook PST file or a folder of scanned documents. Concordance Desktop de-duplicates documents in the dataset, applies OCR technology to make scanned documents searchable, and performs a near-native conversion to make the documents look like they would in their native application. You can customize the processing workflow, including adding Bates stamps.

Other Notable Features

LexisNexis has also improved the tools for document review and production. Among the highlights, you can structure searches in new ways such as focusing only on email attachments. The new Persistent Search feature enables you to search a subset of a database (e.g., the key custodians in a case). The core review tools include redaction, notes, and issue tagging.

When producing documents, you can choose from native format or a traditional PDF- or TIFF-based load file, and apply a watermark and Bates numbers in the header or footer of each page. Concordance Desktop tracks all work performed from processing to review to production, providing you with an audit trail.

Concordance Desktop now works directly over the Internet so there's no need for remote desktop software. Remote users just download and install Concordance Desktop, enter their credentials, and work as if they're in the office. In the office, you can centrally install Concordance Desktop throughout your firm.

The new Admin Console enables you to manage databases of processed documents such as assigning them to Groups and Matters, and reindexing databases so that newly added documents become available to reviewers (reindexing can occur automatically by setting up a recurring Job). The SmartPath tool locates all Concordance Desktop databases on a volume.

What Else Should You Know?

LexisNexis sells concurrent licenses for Concordance Desktop. This approach saves you money because you only need enough licenses to cover the number of people working in Concordance Desktop simultaneously. Using the Admin Console, you can end the session of an idle user to free up a license for another user. Also, LexisNexis offers Burst licenses for short-term projects that temporarily require more simultaneous users. Learn more about Concordance Desktop.

How to Receive TL NewsWire
So many products, so little time. In each issue of TL NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The newsletter's innovative articles enable lawyers and law office administrators to quickly understand the function of a product, and zero in on its most important features. The TL NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | TL NewsWire

iPad Buyer's Guide for Lawyers (2016)

By Neil J. Squillante | Friday, March 25, 2016

Originally published in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

With this week's announcement of the 9.7-inch iPad Pro, Apple's current iPad line-up is both its best ever but also its most complex. In this issue of SmallLaw, TechnoLawyer publisher and iPad expert Neil Squillante helps you sort through the options by identifying the best iPad for each of six common lawyer use cases. Neil also recommends accessories and cases for the well-appointed lawyer. Also, don't miss the SmallLaw Pick of the Week (newsletter only) for three auto-attendant irritations to avoid.

With this week's announcement of the 9.7-inch iPad Pro, Apple's current iPad line-up is both its best ever but also its most complex. In addition, Apple now offers two professional accessories — Apple Pencil and Smart Keyboard. In this issue of SmallLaw, I'll steer you to the best iPad and accessories for your law practice.

The Big Picture

Apple currently sells five iPad models in three sizes. However, the iPad mini 2 shipped in 2013 and tops out at 32 GB of storage. Skip that one. This leaves four contenders. Here's how the other models stack up:

• iPad Pro 12.9-Inch (2015): $799 to $1,229
• iPad Pro 9.7-Inch (2016): $599 to $1,029
• iPad Air 2 (2014): $399 to $629
• iPad mini 4 (2015): $399 to $729

Below I explain the key differences among these iPads using common use cases.

You Want to Take Handwritten Notes

In 2012, I was enthusiastic about note-taking on the iPad but never found a stylus worth a damn. Note-taking was more aspirational than reality back then. But by all accounts, the Apple Pencil is the real deal for handwritten notes. The Apple Pencil works only with the two iPad Pro models. You'll just need to figure out which size you want.

You Expect to Read a Lot

What kind of reading?

For letter-size documents (PDF, Word, etc.), go with the iPad Pro or iPad Air 2. The 12.9-inch iPad Pro is pretty much the same size as a piece of letter-size paper. However, the 9.7-inch iPad Pro is the only model with a True Tone display — ambient light sensors that adapt the display to your environment to make the screen resemble paper as much as possible.

As much as I love the iPad mini, it's suboptimal for PDF and other letter-size documents. But because of its size and weight it shines for reading ebooks, email, Twitter, Facebook, and web pages in Reader mode or saved to Instapaper or Pocket.

You Live in Dropbox (Or a Competitor)

iPads last a long time. The one purchasing decision that can haunt you is scrimping on storage since you cannot expand it. Storage is especially important if you have already replaced or plan to replace your network file server with a cloud storage service such as Dropbox. While Dropbox doesn't immediately download all files to your iPad as is the case on a PC, over time you'll download plenty so it'll add up.

Only the iPad Pro models offer 256 GB. These also come in a 128 GB capacity as does the iPad mini 4. Avoid the iPad Air 2 if you need a lot of storage as it tops out at 64 GB.

You Want to Give Trial Presentations

The 12.9-inch iPad Pro seems like the only reasonable option for the demands of a trial. You get a lot of screen real estate that you can split between two apps such as your outline and a deposition transcript. The 4 GB of memory makes it less likely that apps will have to reload (the other iPad models have just 2 GB). You can connect a full-size keyboard case that doesn't require batteries thanks to the Smart Connector. The pricier iPad Pro models offer enough storage (see above) to hold a lot of exhibits and videos.

The only wrinkle is that TrialPad (the leading trial presentation app by most accounts) doesn't yet support the 12.9-inch iPad Pro's native screen resolution (it works but is a little enlarged) or iOS 9 split screen multitasking. Lit Software CEO Ian O'Flaherty told me today that support for the iPad Pro's resolution will arrive in April, but there's no timetable for split screen support.

O'Flaherty added that the company's other litigation apps — DocReviewPad and TranscriptPad — support the 12.9-inch iPad Pro's native resolution.

You Want a Laptop Replacement

I have to include the elephant in the room, especially since the answer is a little more complex than it was a week ago. Clearly, you want an iPad Pro equipped a keyboard case and perhaps the Apple Pencil. But now that two sizes of iPad Pro exist, you need to determine how much you value screen size versus portability. (What about Microsoft's Surface Book and Surface Pro? That's a different article.)

You Want a TV and Stereo in the Office

Ironically, the abundance of media apps available for the iPad has been under-reported. Armed with your cable TV login, you can live stream Bloomberg TV, CNN, CNBC, Fox News, Fox Business, MSNBC, and of course many of the entertainment networks. Likewise, you can stream virtually any radio station via TuneIn Radio and music via Apple Music, Google Play Music, Prime Music, Spotify, etc.

Sure your iPhone can run these apps if you don't mind squinting. And sure you can use your browser in most cases as long as you don't mistakenly close the tab. Regarding sound, both of the iPad Pro models have four speakers that play in stereo in landscape and portrait orientation. But if you're only going to use your iPad as an entertainment device and especially if you use headphones most of the time, the iPad Air 2 will save you money.

You Want to Look Sharp

All the iPads look sharp but that's not the whole story. I've become a big fan of Sena cases. The company works exclusively with leather, and is one of the few case makers that sells sleeves for those who prefer using their iPad naked and need protection only for transport.

Sena's most versatile case is the Vettra 360. It can prop up your iPad in landscape and portrait orientation thanks to a swivel mechanism, and contains a loop for securely carrying the Apple Pencil.

Apple's Smart Keyboard for the iPad Pro changes your case calculus. It doubles as a case but protects only the screen. I recommend marrying this keyboard case with Apple's Smart Case in the same gray color (or hey maybe go two tone) to protect the back of the iPad. Yes it's shocking that Apple would make these two separate purchases work so well together.

Hope You Like Your New iPad

If you buy a new iPad, reply and let us know which model and how you use it — and whether you disagree with any of my advice.

How to Receive SmallLaw
Small firm, big dreams. Written by practicing lawyers who manage successful small firms and legal technology and practice management experts who have achieved rock star status, SmallLaw provides practical advice on management, marketing, and technology issues in small law firms, as well as comprehensive legal product reviews with accompanying TechnoScore ratings. SmallLaw also ensures that you won't miss anything published elsewhere by linking to helpful articles (and podcasts and videos) about solo practices and small law firms. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | Presentations/Projectors | SmallLaw

Micro-Symposium on Litigation Best Practices Part 1 Plus Juror Questionnaires

By Kathryn Hughes | Thursday, March 24, 2016

Coming today to LitigationWorld: What best practice and/or technology do many litigators not currently use that would help them achieve better results for clients? We posed this question to some of the leading experts in all facets of litigation practice, and asked them to distill their advice in a micro-article no longer than 150 words. The result is our Micro-Symposium on Litigation Best Practices. This issue of LitigationWorld contains Part 1 with advice on deposition designations, trial notebooks, and much more. Also, don't miss the LitigationWorld Pick of the Week for advice of persuading a judge to allow a juror questionnaire.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld

Proportionality in Email Searches Plus 45 More Must-Reads

By Kathryn Hughes | Thursday, March 17, 2016

Coming today to LitigationWorld: Our editorial team has selected and linked to 46 articles from the past two weeks worthy of your attention. Below you'll find a sample article from each section of today's issue, including our LitigationWorld Pick of the Week.

Some Firms Swear by the Use of Private Investigators

The Seven Stages of Litigation

Personal Injury Lawyers Turn to Neuroscience to Back Claims of Chronic Pain

ABA's Initial Take on Judge Merrick Garland

Congratulations to Joshua Gilliland of Bow Tie Law on winning our LitigationWorld Pick of the Week award: Proportionality in Email Searches Under the Amended FRCP

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. You'll also receive in-depth litigation product reviews as well as links to the most noteworthy articles in other online litigation publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld

Predictive Coding Primer Plus Review of Grammerly

By Kathryn Hughes | Thursday, March 10, 2016

Coming today to LitigationWorld: Your client collects 10 GB of potentially responsive email, documents, text messages, etc. and hands it to you. You start calculating how long it'll take your team to review everything. What if instead you could train a software program to find the relevant documents? That's the promise of predictive coding (aka technology assisted review), a technology baked into some document review products. In this issue of LitigationWorld, technology reporter Evan Koblentz offers a primer and explains why courts may someday require you to use it. Also, don't miss the LitigationWorld Pick of the Week for a review of Grammerly.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld

Digital Discovery Pro Empowers Corporate Counsel to Insource Ediscovery Processing and Review

By Neil J. Squillante | Wednesday, March 9, 2016

Today's issue of TL NewsWire covers ediscovery software designed to help corporate counsel assess disputes and conduct internal investigations more quickly and at a lower cost (see article below), an app that automatically reminds clients and others of appointments with you, a checklist app for your firm's workflows, and an iOS task management app. Don't miss the next issue.

Litigation budgets most often get blown in discovery. Corporate counsel can minimize costs by assessing disputes faster internally and culling the amount of data in the event the matter requires outside counsel. The same goes for internal investigations, subpoenas, and other potential budget busters.

Digital Discovery Pro … in One Sentence

Launched recently, Zapproved's Digital Discovery Pro is ediscovery processing and review software designed for corporate legal departments.

The Killer Feature

After creating a new matter in Digital Discovery Pro, you add users and ingest the data at issue. Digital Discovery Pro processes this data at a rate greater than one terabyte per hour. Additionally, you need not wait until processing ends, but can instead begin reviewing documents as soon as they're ready — often less than 30 seconds. By contrast, traditional ediscovery software can take weeks to process one terabyte. CEO and Founder Monica Enand tells us that Zapproved achieved this speed breakthrough by combining its software prowess with the Amazon Web Services (AWS) platform (Zapproved is an Amazon Advanced Technology Partner).

The use of AWS has an additional benefit — Digital Discovery Pro costs at least 65% less than competing services according to Enand. A subscription includes unlimited storage, exports, and technical support.

"With Digital Discovery Pro, we've broken three important barriers to corporate legal teams processing their own data for discovery: speed, ease and cost," says Enand. "The software was designed with the needs of corporate legal in mind so it's easy to use. Economies of scale gives us the ability to be compellingly affordable and predictable with our price, making it easy for organizations to right size their solution to data volumes big or small."

Other Notable Features

Digital Discovery Pro has four major components, each of which has a tab at the top of the screen — Dashboard, Ingest, Review, and Exports.

As Digital Discovery Pro processes data, the results appear on the Dashboard — number of duplicates and NIST files, document types, documents per custodian, etc. Charts enable you to visualize the data. As you review documents, the dashboard keeps you apprised of your progress. Ingest contains an audit trail of imports.

You'll spend most of your time in Review. Tools include search, saved searches, search history, document preview, native view, and bulk tagging. You can conduct natural language searches or enter queries such as Boolean and proximity.

Digital Discovery Pro enables you to export all data or a subset using parameters such as custodian, reviewer, tags, saved searches, etc. You can export in any load file format so that outside counsel can review the data.

What Else Should You Know?

Digital Discovery Pro integrates with sibling products Legal Hold Pro and Data Collect Pro. Legal Hold Pro helps you automate legal holds and make them defensible. Data Collect Pro copies data from computers, cloud storage accounts, social media, etc. in a forensically sound manner. Learn more about Digital Discovery Pro.

How to Receive TL NewsWire
So many products, so little time. In each issue of TL NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The newsletter's innovative articles enable lawyers and law office administrators to quickly understand the function of a product, and zero in on its most important features. The TL NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | TL NewsWire

Two Legal Writing Instructors Share Tips Plus 47 More Must-Reads

By Kathryn Hughes | Thursday, March 3, 2016

Coming today to LitigationWorld: Our editorial team has selected and linked to 48 articles from the past two weeks worthy of your attention. Below you'll find a sample article from each section of today's issue, including our LitigationWorld Pick of the Week.

The Un-Sweet Spot of Litigation

CosmoLex Adds Casemaker Integration

Employers Can't Be Compelled to Recover Company Email Stored in Personal Accounts of Employees

Daubert v. Frye: A State by State Comparison

Congratulations to Eric M. Eckert of Baylor Law School on winning our LitigationWorld Pick of the Week award: Two Legal Writing Instructors Share Tips

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. You'll also receive in-depth litigation product reviews as well as links to the most noteworthy articles in other online litigation publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld

Digital WarRoom Private Cloud Seeks to Disrupt Ediscovery Software on Price

By Kathryn Hughes | Thursday, March 3, 2016

Today's issue of TL NewsWire covers ediscovery software priced to disrupt the marketplace (see article below), a Bluetooth pen that captures handwritten notes, an iOS audio recording and editing app, and an ediscovery suite with analytics tools for assessing case strength. Don't miss the next issue.

Ediscovery software may conjure up images of Enron-size cases and expensive gatekeepers who talk jargon to keep prices high, but a democratization is underway on several fronts such as price and user experience.

Digital WarRoom Private Cloud 8.8 … in One Sentence

Launched recently, Digital WarRoom Private Cloud 8.8 is an end-to-end ediscovery platform for processing, reviewing, and producing discovery documents.

The Killer Feature

Software has always benefitted from having little marginal cost for each additional unit sold. But only in recent years have both storage and bandwidth also declined in price.

With Digital WarRoom Private Cloud, Digital WarRoom has set out to "disrupt" the ediscovery software industry on price. The service costs $1,995 per month for up to 500 GB of data, access to all features of the software, unlimited cases, training, and support. Each additional gigabyte beyond the 500 GB costs 50 cents.

"As President and General Counsel of Digital WarRoom, it is my goal to shake up the status quo by offering all-in-one enterprise software that is accessible anywhere at a price point that is de facto disruptive," Justin Farmer tells us. "Gone are the days of excessive costs. We are about 100% transparency."

Other Notable Features

You access Digital WarRoom Private Cloud either through a remote desktop app or a web browser. You begin by creating a case, and using a wizard to "ingest" the data you or your client has collected. Processing occurs next, which involves removing garbage files and duplicates, extracting metadata such as document dates, email participants, document authors, etc. You can automate processing by setting up a Policy. Digital WarRoom Private Cloud supports several languages, and includes translation technology so that you can get a sense of documents.

The customizable review environment displays documents and email as they would appear in their native program. You can sort documents by Relevance Score, Custodian, Date, or practically any other parameter. You redact by drawing a box with your mouse. Initially gray so you can still see the material within, the box changes to black when confirmed. You can apply tags such as Nonresponsive, Responsive, Hot, etc. Search tools include fuzzy, proximity, stemming, and synonyms.

A number of advanced tools exist for large data sets. For example, data visualization of email can identify connections you didn't know about. You can also reveal "Who-to-Whom" connections in social media data. Gist, the company's predictive coding technology, runs in the background. If you mark a document responsive, Gist functions much like Amazon (you may find these documents responsive too). It does this by scoring documents from -100 to +100 based on your designations. For an added charge, you can use Gist to automate these designations once it has acquired enough data from your manual review to finish the job with a satisfactory confidence level.

Digital WarRoom Private Cloud includes a number of reports, chief among them the Document Control Log and Privilege Log. The former lists all the activity on a case from import to production. This can help justify an invoice, get a new paralegal up to speed, etc. The Privilege Log eliminates the need to use Microsoft Office since you can edit and finalize this report in Digital WarRoom Private Cloud.

What Else Should You Know?

A wizard walks you through the production process, including Bates numbers, metadata, and OCR. Binders enable you to export a selection of documents with slip sheets and a hyperlinked index for use in depositions or to give an expert witness. Learn more about Digital WarRoom Private Cloud 8.8.

How to Receive TL NewsWire
So many products, so little time. In each issue of TL NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The newsletter's innovative articles enable lawyers and law office administrators to quickly understand the function of a product, and zero in on its most important features. The TL NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Gadgets/Shredders/Office Gear | Graphic Design/Photography/Video | Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | TL NewsWire

Three Trumpisms Litigators Can Use in Jury Trials Plus Techniques for Effective Litigation Graphics

By Kathryn Hughes | Thursday, February 25, 2016

Coming today to LitigationWorld: Donald J. Trump has made fools of those who dismissed his candidacy. But TechnoLawyer publisher Neil J. Squillante realized months ago that Trump had developed a potent formula for success at the expense of his opponents. This zero-sum outcome is exactly the result litigators want at trial so in this issue of LitigationWorld Neil distills three Trumpisms you can use in opening and closing arguments. Also, don't miss the LitigationWorld Pick of the Week for nine techniques for effective litigation graphics.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld
 
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