TechnoLawyer: Litigation/Discovery/Trials

Originally published in the June 21, 2012 issue of LitigationWorld: Don't look now but two of our LitigationWorld columnists — Bruce Olson and Tom O'Connor — just published the most anticipated litigation technology book of 2012: Electronic Discovery for Small Cases: Managing Digital Evidence and ESI. We received permission from our friends at the ABA to publish any chapter from the book in this issue of LitigationWorld. We chose Chapter 4, which discusses helpful strategies at the outset of a case designed to minimize costs and headaches. We hope you enjoy this exclusive excerpt, and encourage you to purchase the book. Also, don't miss the LitigationWorld Pick of the Week for a grim analysis of the market forces that may make litigation an economically undesirable practice area (hey, we're just the messenger).

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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.

Originally published in the June 18, 2012 issue of LitigationWorld: Here at TechnoLawyer we constantly think about information architecture. This important discipline is not confined to commercial publishing. It also plays an important role in legal writing. In this issue of LitigationWorld, lawyer and legal writing expert Ed Good explains how to use two powerful information architecture tools in your briefs, memos, and letters — lists (enumerations) and headings. You'll learn about the three types of lists, when and how to use them, and the most common mistakes — plus many examples. Similarly, you'll learn how to use and not use headings. Also, don't miss the LitigationWorld Pick of the Week for tips on how to find deleted email in Microsoft Outlook since that's often where you'll find the email messages that make or break a case.

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.

Originally published in the June 15, 2012 issue of LitigationWorld: As you know, two types of experts exist — testifying experts and consulting experts. It often seems to make sense for an employee of your client to serve as a consulting expert because of their knowledge and because you don't have to pay them. But there's a potential pitfall — using an employee of a party may subject their opinions to disclosure, thereby eliminating a key benefit of consulting experts. In this issue of LitigationWorld, Seattle litigator and civil procedure expert Kim Gunning analyzes this issue. You'll learn about the current split in the courts, and a federal district court opinion issued last month that may pave the way for a resolution by the SCOTUS. Also, don't miss the LitigationWorld Pick of the Week for a handy checklist to document the ediscovery process so that you can prove reasonableness if challenged.

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.

Originally published in the June 4, 2012 issue of LitigationWorld: Welcome to your fifth Ediscovery 101 class. In this issue of LitigationWorld, ediscovery consultant and professor extraordinaire Tom O'Connor starts tying together the technical lessons of the previous three classes. By the end of this article, you'll have an Aha Moment as Tom discusses the various state and federal rules governing electronically stored information (including their history and how to stay up-to-date), and then explains how these rules apply to the inner workings of computers and the problems that result when litigators don't understand these inner workings. Also, don't miss the LitigationWorld Pick of the Week for a proposed clause for your engagement agreement regarding your clients' use of social media.

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.

Originally published in the May 21, 2012 issue of LitigationWorld: "It was the best of times, it was the worst of times." We all recognize that famous introduction. Can you write similarly effective introductions for your briefs and memos? Yes if you follow the advice of lawyer and http://www.grammar.com legal writing expert Ed Good. In today's issue of LitigationWorld, Ed continues his series on the Art of Legal Writing by discussing the importance of "Revealing" the structure of your briefs and memos, especially in the introduction. You'll learn about the difference between explicit and implicit introductions with examples of both. As usual, you'll want every litigator at your firm to read and heed Ed's advice. Also, don't miss the LitigationWorld Pick of the Week for ediscovery founding father Craig Ball's proposed Ediscovery Bill of Rights (these ain't your father's stipulations).

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.

Originally published in the May 18, 2012 issue of LitigationWorld: If you show up for trial with an iPad, you'll make a good first impression, but winning your case will require a top-notch trial presentation app. litigation support consultant Brett Burney usually compares three iPad apps every month in our SmallLaw newsletter, but today he makes an appearance in LitigationWorld for a comparative review of Exhibit A, ExhibitView iPad, and TrialPad. Which app will best enable you to dazzle the jury and/or the judge with callouts and other trial presentation necessities? Brett makes a persuasive case as usual, and issues his signature iVerdict. Also, don't miss the LitigationWorld Pick of the Week for some good advice to pass along to your clients about the interplay of litigation and social media.

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.

Originally published in the May 4, 2012 issue of LitigationWorld: Welcome to your fourth Ediscovery 101 class. Today in LitigationWorld, ediscovery consultant Tom O'Connor explains why "electronic" discovery is not as electronic you may think. Specifically, you'll learn how disk drives store data, which is critical if you want to avoid charges of failure to preserve or spoliation. That's because disk drives sort of have a mind of their own as to the data they store — data your clients may not know about. Ignorance of how disk drives function is no excuse when confronted with a motion claiming you didn't produce a key document. Also, don't miss the LitigationWorld Pick of the Week for the top five settlement traps to avoid.

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.

Originally published in the May 7, 2012 issue of LitigationWorld: A psychology professor at Northwestern University recently published a report debunking many of the claims of online dating sites, concluding that the only reliable means of assessing chemistry is a face-to-face meeting. Thanks to today's technological marvels, litigators tend to meet with clients and adversaries less frequently. In today's issue of LitigationWorld, Seattle litigator (and the founding columnist of this newsletter) Kim Gunning shares her insights on face-to-face meetings based on recent events in some of her cases. Because your clients are not always best served by shouting matches via email or telephone, Kim may have stumbled upon a simple yet profound litigation strategy. Also, don't miss the LitigationWorld Pick of the Week for six tips to ensure perfect trial presentations.

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.

Originally published in the April 23, 2012 issue of LitigationWorld: Every litigator has winced when reviewing deposition transcripts. Even experienced litigators make mistakes, especially when presented with a new twist like authenticating email for use as evidence in a summary judgment motion or trial. In this issue of LitigationWorld, lawyer and deposition expert Joshua Gilliland discusses a recent case in which the court refused to consider deposition testimony concerning a key email message. Josh then provides you with step-by-step instructions for defensibly authenticating email at depositions. Also, don't miss the LitigationWorld Pick of the Week for a review of the new AVerVision 355 AF Document Camera.

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.

Originally published in the April 9, 2012 issue of LitigationWorld: Use 'em or lose 'em. This maxim applies to many legal rights, including affirmative defenses in pleadings. In this issue of LitigationWorld, Seattle litigator and civil procedure expert Kim Gunning explains the differences among laches, waiver, and estoppel. You could read a long-winded academic article on this topic, or you can read (and save) Kim's practical advice for real litigators. Your choice. Also, don't miss the LitigationWorld Pick of the Week for a look at the forensic evidence Facebook attached to its motion to dismiss a lawsuit filed by a guy who claims he owns half of the company.

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.