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The Motion to File When You Have No Idea What the Opposing Party Wants Plus Smart Ediscovery

By Kathryn Hughes | Friday, April 12, 2013

Coming today to LitigationWorld: While pro se plaintiffs have a well-deserved reputation for incoherence, litigators who should know better also file sloppily-written pleadings. This problem is likely to increase as law school graduates hang their own shingle because they can't get a job. In this issue of LitigationWorld, Seattle litigator Kim Gunning provides tips for filing a Rule 12(e) motion for a more definite statement, including some caveats to avoid unwittingly assisting the opposing party. Also, don't miss the LitigationWorld Pick of the Week for eight tips that will reduce ediscovery costs and make you look a like a genius.

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: Litigation/Discovery/Trials | LitigationWorld

ExhibitView iPad 4.0: Read Our Exclusive Report

By Neil J. Squillante | Thursday, April 11, 2013

Originally published in our free TL NewsWire newsletter. Instead of reading TL NewsWire here, sign up now to receive future issues via email.

BECOME THE STEVE JOBS OF TRIAL PRESENTATIONS

It's a time-honored tradition to hand witnesses a document in court (and in depositions) so that you can ask them questions about it. But a trial is as much about optics as the facts and law. Imagine handing a witness your iPad displaying a document that the jury could also see on a large display. You'd look like the Steve Jobs of the legal profession. This coolness factor is now within the reach of any litigator.

ExhibitView iPad 4.0 … in One Sentence

Launched last month, ExhibitView iPad 4.0 is an iPad presentation app.

The Killer Feature

Tech-savvy litigators who use trial presentation software still hand witnesses paper documents for two reasons. First, if you're using traditional software it's awkward to hand a witness your laptop. Second, even if you're using an iPad, you can't risk the witness pressing the home button, displaying a different document, etc. You can display a document on a screen and have the witness testify about it, but this technique doesn't enable a witness to mark it up and lacks the psychological impact of tactile handling of the document.

ExhibitView iPad 4.0 features a new Deposition/Witness mode. It enables you to hand your iPad to a friendly or hostile witness without having to worry about them viewing anything but the displayed document, photograph, illustration, etc. The app also features a whiteboard on which you or the witness can draw and create demonstrative evidence on the fly — again, locked down.

You tap a button to enter Deposition/Witness mode, after which the screen rotates and locks the orientation, and provides a set of markup tools along the top that the witness can use for annotations. You can save any annotations to the case file and submit it as evidence without altering the original document.

"ExhibitView iPad's new groundbreaking Deposition/Witness Mode stems from our roots in trial consulting," Co-Founder William Roach told us. "Our trial presentation applications for iPad, Windows, and Mac give litigators more choices, flexibility, and power for for their presentation needs."

Other Notable Features

Also new is Max Viewing Size, which keeps your documents at the maximum size while projecting them (i.e., documents consume the entire screen). This makes it easier for the witness, jury, and others to see what you're displaying. According to the company, competing apps don't use the entire screen of the iPad from edge to edge.

Other features include support for retina iPads, improved callout and freehand drawing tools, the ability to zoom in with a tap, and more printing options.

You can use ExhibitView iPad on its own, but it also integrates with the company's two other applications — ExhibitView for PC and DepositionPro. With the former, you can create presentations on your PC and then move them to your iPad via iTunes (many litigators find it easier to present from an iPad, especially if the case is too small to warrant a trial consultant). With the latter, you can review and annotate deposition transcripts (including video), and then export clips you want to present into ExhibitView iPad.

What Else Should You Know?

ExhibitView iPad costs $49.99. You can obtain a discount via Apple's Volume Purchase Program. Learn more about ExhibitView iPad 4.0.

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: Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | Presentations/Projectors | TL NewsWire

The Number of Sentences and Words You Should Use for Issue Statements in Briefs Plus Cases to Avoid

By Kathryn Hughes | Monday, April 8, 2013

Coming today to LitigationWorld: Should you use one sentence or multiple sentences for the issue statement in your briefs? Should you impose a word limit no matter how complex the case? If so, how many words? Lawyer and legal writing expert Ed Good answers these questions using many helpful examples in this issue of LitigationWorld. Never again will you struggle with issue statements (except of course that you still need to understand the applicable facts and law). Also, don't miss the LitigationWorld Pick of the Week for five case selection rules for plaintiffs' lawyers.

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: Litigation/Discovery/Trials | LitigationWorld

Using Video Depositions at Trial Plus 106 More Must-Reads

By Kathryn Hughes | Monday, April 1, 2013

Coming today to LitigationWorld: Our editorial team has selected and linked to 107 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.

How to Build a Mobile Law Library With GoodReader (Video)

Getting a Brain Injury Animation Admitted the Hard Way

Shock and Awe Ediscovery: Combatting Asymmetrical Costs

Trending Toward Service of Process via Facebook

Congratulations to Ted Brooks of The Court Technology and Trial Presentation Blawg on winning our LitigationWorld Pick of the Week award: Tips for Using Video Depositions at Trial

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: Document Management | Graphic Design/Photography/Video | Litigation/Discovery/Trials | LitigationWorld | Online/Cloud | Presentations/Projectors

The iPad in the Courtroom Plus 133 More Must-Reads

By Kathryn Hughes | Thursday, March 21, 2013

Coming today to LitigationWorld: Our editorial team has selected and linked to 134 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.

JuryPad Versus the Competition for Voir Dire

Summary of Fulbright's Annual Litigation Trends Survey

Top E-Discovery Trends

Losing Your iPhone While Under a Legal Hold

Congratulations to Charles Perez of Trial Presentation Blog on winning our LitigationWorld Pick of the Week award: The Evolution of the iPad in the Courtroom

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 | Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | LitigationWorld | Presentations/Projectors

Review of TheBrain 7 Pro for Use in Litigation Plus Closing Argument Tip

By Kathryn Hughes | Friday, March 15, 2013

Coming today to LitigationWorld: Are two brains better— than one? Possibly when one of those brains resides on your Mac or PC. In this issue of LitigationWorld, Pennsylvania litigator Thomas Groshens reviews TheBrain 7 Pro mind-mapping software. After explaining its various versions and core features, Thomas evaluates using TheBrainPro to connect the intricate set of dots (facts, issues, law, etc.) that comprise complex litigation cases. Thomas also issues a verdict in the form of a TechnoScore. If you've never used mind-mapping software, this review will give you some proverbial food for thought. Also, don't miss the LitigationWorld Pick of the Week for the best closing argument tip we've encountered since we started publishing LitigationWorld.

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: Collaboration/Knowledge Management | Coming Attractions | Litigation/Discovery/Trials | LitigationWorld

How to Use Rule 36 Requests for Admission to Streamline Litigation Plus Scrivener Review

By Kathryn Hughes | Tuesday, March 12, 2013

Coming today to LitigationWorld: The best way to please your client is to steer their litigation matter to a favorable outcome. The second best way to please them is to minimize their costs in the process. In this issue of LitigationWorld, Seattle litigator Kim Gunning discusses three clever ways you can use Requests for Admissions to streamline discovery, motion practice, and trials. The shortcut Kim provides for authenticating evidence alone will make your cases much easier. Also, don't miss the LitigationWorld Pick of the Week for a review of Scrivener for writing briefs and other litigation documents.

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

Grammerly v. WordRake Plus 90 More Must-Reads

By Kathryn Hughes | Tuesday, March 12, 2013

Coming today to LitigationWorld: Our editorial team has selected and linked to 91 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.

How to Conduct Free Legal Research Online (Video)

Why Defendants Should Not Fear a Jury Trial

Why Ediscovery Vendors Shouldn't Charge for Collecting Data

Failing to Execute a Litigation Hold Can Hurt

Congratulations to Ben Beasley of LITIG8R TECH on winning our LitigationWorld Pick of the Week award: Grammerly v. WordRake for Computerized Legal Proofreading

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: Business Productivity/Word Processing | Coming Attractions | Litigation/Discovery/Trials | LitigationWorld | Online/Cloud | Utilities

Reviews of Pronot Marketing, XpressDox, Oral Argument App; Tips for Web Site Design, Using 4 Monitors

By Kathryn Hughes | Thursday, February 28, 2013

Today's issue of TL Answers contains these articles:

Abbie Hosta, Review: Pronto Marketing Plus More on Law Firm Web Site Design

Jeff Stouse, Tips for Using 3-4 Monitors; Review of NVIDIA Quadro NVS 420

Kent Davis, Review: HotDocs v. XpressDox

Thomas F. McDow, Review: Oral Argument

Don't miss this issue — or any future issues.

How to Receive TL Answers
Do you believe in the wisdom of crowds? In TL Answers, TechnoLawyer members answer legal technology and practice management questions submitted by their peers. This newsletter's popularity stems from the relevance of the questions and answers to virtually everyone in the legal profession. The TL Answers newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Automation/Document Assembly/Macros | Coming Attractions | Laptops/Smartphones/Tablets | Law Firm Marketing/Publications/Web Sites | Litigation/Discovery/Trials | Monitors | Presentations/Projectors | TL Answers

DepositionPro 1.0: Read Our Exclusive Report

By Neil J. Squillante | Wednesday, February 27, 2013

Today's issue of TL NewsWire covers transcript management and review software that can also edit synchronized deposition video (see article below), an iPad app that blurs the line between calculator and spreadsheet, a cloud-based file server, and fonts designed for web sites. Don't miss the next issue.

REAP FROM YOUR DEPOSITIONS WHAT YOU PUT INTO TAKING THEM

There's no better way to impeach a witness than to show a clip from a video deposition of the witness saying something completely at odds with their testimony at trial. For this reason, video depositions have grown in popularity. Showing a transcript lacks the dramatic impact of video. However, working with video has traditionally required the services of a professional editor. A new product aims to make it easy and inexpensive for lawyers and paralegals to edit video depositions.

DepositionPro 1.0 … in One Sentence

Launched this week, ExhibitView Solutions' DepositionPro 1.0 enables you to manage, review, tag, and export key testimony from transcripts, including accompanying video clips if applicable.

The Killer Feature

DepositionPro works with traditional text-only transcripts as well as video depositions. It supports all popular transcript formats. The company can suggest court reporters in your area, and can synchronize your depositions at "half the average cost."

Regarding video depositions, after importing the video and synchronized transcript into DepositionPro, you select relevant testimony in the transcript with your mouse and then press a shortcut key of your choice to save the clip, including the corresponding video. You can rearrange clips in any order, and export them individually or combine them into a single video. You can also print a report containing the portions of the transcript you selected.

You can export video in AVI, MOV, or MP4 formats, all of which play on PCs, Macs, iPads, and Android devices. This means you can use the video in any trial presentation application such as the company's own ExhibitView PC and ExhibitVie iPad, as well as in traditional presentation software such as PowerPoint and Keynote.

"After launching our iPad app for trial presentations, lawyers asked us to build a tool to help them edit synchronized video depositions and create clips for use on PCs and tablets for client memoranda, briefs, deposition outlines, witness preparation, settlement presentations, and of course trial presentations," ExhibitView Solutions Partner Bob Finnell told us. "This was the genesis of DepositionPro."

Other Notable Features

DepositionPro works over your network and with cloud storage providers. You can designate a folder on your file server or on a cloud-based service as the default repository.

The Case Manager screen enables you to organize transcripts by case name, matter number, etc. You can search the full text of one or multiple depositions and save your searches. DepositionPro supports partial word searches and other advanced operators.

DepositionPro enables you to bookmark pages within a deposition, and highlight testimony in your choice of colors. The software lists all your bookmarks so you can jump to any of them with one click. When you copy and paste from transcripts into a document, DepositionPro automatically formats it for you.

What Else Should You Know?

DepositionPro runs on Windows XP and later. It costs $229 per seat plus $49 per seat per year thereafter, which provides updates and technical support. Learn more about DepositionPro.

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 | Graphic Design/Photography/Video | Litigation/Discovery/Trials | Presentations/Projectors | TL NewsWire
 
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