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Rule 53 Special Masters: When to Use Them, How to Use Them, and Who Pays Plus Facebook and Jurors

By Kathryn Hughes | Thursday, December 27, 2012

Originally published in the December 3, 2012 issue of LitigationWorld: Do you enjoy dealing with obstreperous opposing counsel? Or clueless opposing counsel? If so, you can skip this issue of LitigationWorld. If you prefer the easy path, keep reading to learn how a Rule 53 special master can help you. Seattle litigator Kim Gunning explains when to consider using a special master, what the rule requires, and situations in which the court may order opposing counsel to cover all the costs. Also, don't miss the LitigationWorld Pick of the Week for a recent court opinion about juror misconduct that ponders what being a Facebook friend really means.

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

Inherent the Tiff: An Ediscovery Docudrama Plus the Predictive Coding Bible

By Kathryn Hughes | Thursday, December 27, 2012

Originally published in the November 19, 2012 issue of LitigationWorld: Litigation has fueled countless Hollywood movies so why not bring a little Hollywood to litigation? In this issue of LitigationWorld, ediscovery blogger Joshua Gilliland uses the classic film Inherit the Wind to analyze a recent court opinion involving a motion for sanctions. Using quotes from the movie as headings, Josh takes you scene by scene through a document discovery gone so wrong it brings to mind another movie with a courtroom scene — "Idiocracy." So sit back, relax, and enjoy learning how to handle document requests in the age of electronically stored information. Also, don't miss the LitigationWorld Pick of the Week for The Grossman-Cormack Glossary of Technology Assisted Review, a new reference that you can download for free.

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

Review of TrialPad 3.0 Plus Litigant Web Sites

By Kathryn Hughes | Thursday, December 27, 2012

Originally published in the November 15, 2012 issue of LitigationWorld: The district attorney drops the theft charges. However, the "victims" file a civil lawsuit to recover damages for the "stolen" items. The case goes to trial. Luckily for you, the defendant was represented by Gadsden, Alabama lawyer Clark Stewart. In this issue of LitigationWorld, Clark explains how he used iPad trial presentation app TrialPad 3.0 at the trial, and how well features such as call-outs and the laser pointer performed. You'll also learn how he projected his iPad's screen to the judge and jury. For the verdict on TrialPad (not to mention the case), read Clark's page-turner of a review. Also, don't miss the LitigationWorld Pick of the Week for an overview of litigant web sites along with tips if your client insists on creating one.

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

The Increasing Role of Ediscovery in Deposition Preparation Plus a PowerPoint Mistrial

By Kathryn Hughes | Thursday, December 27, 2012

Originally published in the November 12, 2012 issue of LitigationWorld: Earlier this year, you learned how to use a Rule 30(b)(6) deposition. In this issue of LitigationWorld, ediscovery blogger and deposition expert Joshua Gilliland explains how not to use one. Josh analyzes an opinion issued last month in which the court let Google off the hook as a non-party deposition witness. You'll learn how the parties could have prevented this outcome through the judicious use of early case assessment software. Also, don't miss the LitigationWorld Pick of the Week to learn why the Washington State Supreme Court felt that the PowerPoint presentation given by a prosecutor during his closing argument warranted a mistrial.

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

The Art of Legal Writing: To Split or to Not Split Infinitives? Plus the Top Three Docket Apps

By Kathryn Hughes | Thursday, December 27, 2012

Originally published in the November 12, 2012 issue of LitigationWorld: Litigators understand better than others the consequences of breaking rules. But some rules don't actually exist in which case you can break them only in your mind ("There is no spoon."). In this issue of LitigationWorld, lawyer and legal writing expert Ed Good continues his English usage myth-busting with an analysis of split infinitives. His conclusion may surprise you plus he provides three methods for when you choose not to split. Also, don't miss the LitigationWorld Pick of the Week for three mobile apps designed to keep litigators and their teams on top of their case docket.

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

A Checklist for Editing Your Briefs to Perfection Plus Body Language 101 for Litigators

By Kathryn Hughes | Wednesday, December 26, 2012

Originally published in the November 1, 2012 issue of LitigationWorld: You've just added the last period to the last sentence in your brief. Time for a fist pump? No but feel to grab a snack. You still have a lot of work tonight. Effective briefs share a common trait — extensive editing. In this issue of LitigationWorld, Seattle litigator Kim Gunning provides a concise but informative checklist for editing legal briefs to perfection. Kim's checklist starts with the "forest" and works its way to the "trees." By the time you finish editing, your brief will sparkle, impressing your client and the judge. Also, don't miss the LitigationWorld Pick of the Week for everything litigators need to know about body language.

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

Review of PerfectIt Pro Plus Creating Supplemental Juror Questionnaires

By Kathryn Hughes | Wednesday, December 26, 2012

Originally published in the October 25, 2012 issue of LitigationWorld: In brief writing, small mistakes such as failing to define an abbreviation, inconsistent capitalization, etc. inevitably occur. Intelligent Editing's PerfectIt Pro 2.0 combs through your Word documents to help you find and correct these and other errors. We asked Charlotte real estate lawyer Richard Belthoff Jr. to test PerfectIt Pro for this issue of LitigationWorld, figuring that if it can handle his 35,000 word commercial leases it can handle anything in the litigation realm. Read his review to find out how well PerfectIt Pro performed. Also, don't miss the LitigationWorld Pick of the Week for tips on creating supplemental juror questionnaires.

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: Business Productivity/Word Processing | Litigation/Discovery/Trials | LitigationWorld | Transactional Practice Areas | Utilities

Ediscovery 101 Class 8: Closing Thoughts and True Mastery Plus Using the iPad in Litigation

By Kathryn Hughes | Wednesday, December 26, 2012

Originally published in the October 22, 2012 issue of LitigationWorld: Congratulations! After reading ediscovery consultant Tom O'Connor's final Ediscovery 101 installment in this issue of LitigationWorld, you will possess more technical mastery of this topic than the average litigator. In closing out this series, Tom points to helpful resources, identifies caveats, and imparts some wisdom gained from his experience working on cases large and small. Now that you've got the knowledge, take the ediscovery bull by the horns on your next case and make Tom proud. Also, don't miss the LitigationWorld Pick of the Week for apps and uses for your iPad in litigation practice.

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: Backup/Media/Storage | Litigation/Discovery/Trials | LitigationWorld

Review of Relativity Assisted Review Plus Cross Examination Tips

By Kathryn Hughes | Wednesday, December 26, 2012

Originally published in the October 11, 2012 issue of LitigationWorld: Computer assisted review (a.k.a. predictive coding) promises to make document review — the most dreaded and expensive component of many lawsuits — a breeze and even fun. In this issue of LitigationWorld, litigator and ediscovery consultant Bruce Olson reviews one of the leading tools in this emerging field — kCura's Relativity Assisted Review (free for Relativity licensees). Bruce walks you through the functionality, provides some best practices he learned while testing the software (including the composition of the ideal review team), and most importantly rates the product and bestows a TechnoScore. Also, don't miss the LitigationWorld Pick of the Week for advice from high profile litigator David Boies on preparing CEOs for cross examination.

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

Top Five Tips for Writing Introductions in Your Briefs Plus Social Media Discovery

By Kathryn Hughes | Wednesday, December 26, 2012

Originally published in the October 8, 2012 issue of LitigationWorld: "It was the best of times, it was the worst of times." Even if you can't name the author or novel, you probably recognize that introductory sentence. Given the power of introductions, your briefs should always include one. In this issue of LitigationWorld, Seattle litigator Kim Gunning provides five tips for introductions, including examples and what to avoid. Charles Dickens would approve. Also, don't miss the LitigationWorld Pick of the Week for an analysis of two recent cases with opposite holdings on the discovery 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.

Topics: Litigation/Discovery/Trials | LitigationWorld
 
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