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How to Prepare for Trial Before Discovery Starts and Its Concomitant Advantages Plus Arthur Miller's Rant

By Kathryn Hughes | Monday, May 6, 2013

Coming today to LitigationWorld: While winging it may work for some endeavors, it's not a good idea for litigation. In this issue of LitigationWorld, lawyer and trial graphics consultant Morgan Smith explains the advantages of creating visuals early in a case prior to depositions. He then passes along tips on how to name deposition and trial exhibits, and discusses the many advantages of following his advice. Also, don't miss the LitigationWorld Pick of the Week for federal civil procedure God Arthur Miller's rant about today's federal litigation.

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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.

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

LitigationWorld: Rethinking Witness Preparation Plus 110 More Must-Reads

By Kathryn Hughes | Wednesday, April 17, 2013

Coming today to LitigationWorld: Our editorial team has selected and linked to 111 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.

Managing Exhibits in Trial With Tech Tools

Five Tips for Becoming a More Persuasive Speaker

Gearing Up for Ediscovery

Facebook Deactivation Leads to Spoliation Instruction

Congratulations to Laurie R. Kuslansky, Ph.D. of The Litigation Consulting Report on winning our LitigationWorld Pick of the Week award: Rethinking Witness Preparation to Prevent Meltdowns

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 | Presentations/Projectors

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

Best-In-Class iPad and iPhone Apps and Tips for Deployment Plus Can a Non-Lawyer CEO Run Pepper Hamilton?

By Jeff Richardson | Thursday, April 11, 2013

Originally published on February 14, 2012 in our free BigLaw newsletter. Instead of reading BigLaw here after the fact, sign up now to receive future issues in realtime.

At today's Goldman Sachs Technology Conference, Apple CEO Tim Cook told analysts that he uses his iPad for 80-90% of his work. "I strongly believe that the tablet market will surpass the unit sales of the PC market," added Cook. Good thing we recruited Jeff Richardson of iPhone J.D., a web site for attorneys who use the iPhone and iPad. No large firm lawyer and probably no lawyer period has reviewed as many apps as Jeff. In today's issue of BigLaw, Jeff recommends best-in-class apps for document editing, remote access, legal research, dictation, note taking, and more. He also explains how to deploy these apps to lawyers in your firm. Also, don't miss the BigLaw Pick of the Week (newsletter only) for an exclusive interview with the non-lawyer CEO now running Pepper Hamilton.

BEST-IN-CLASS IPAD AND IPHONE APPS AND TIPS FOR DEPLOYMENT

In my last BigLaw column — Should Large Law Firms Buy and Support iPads? — I recommended that law firms to designate one person in the IT Department as the iOS Guru to help attorneys configure their new devices and assist with troubleshooting.

I also encourage law firms to give their attorneys a list of recommended apps to install, which brings us to the subject of today's column. At iPhone J.D. I've reviewed dozens of apps over the years. Below you'll find my app recommendations in key categories, and tips for deploying them.

Viewing and Editing Documents

The built-in viewer for Microsoft Word documents is limited. On an iPhone, the text is quite small. If you pinch to expand text, you must then scroll back and forth to read the full line, which might have you reaching for some dramamine. Also, on both the iPhone and iPad, you don't see all formatting and, often critical for litigators, you don't see footnotes. Finally, you cannot see edits made in the track changes mode.

Currently, the best solution is the $9.99 Documents to Go app. It zooms text well, preserves most formatting, displays footnotes, shows tracked changes, and enables you to edit documents. In addition to Word documents, the app also handles Excel files (edit and display) and PowerPoint files (display). The $16.99 Premium adds PowerPoint editing capabilities and access to cloud services such as Dropbox.

The iPhone and iPad cannot natively view WordPerfect (WPD) files, which many courts and attorneys use. The Corel WordPerfect Viewer displays these files. Unfortunately, it is not a universal app. There is one version for the iPhone ($4.99) and another for the iPad ($5.99).

For viewing, organizing, and editing PDF files, there are many options in the app store, but no app has all of the features of GoodReader ($4.99). And for those rare PDF files that cannot be handled by other apps, Adobe's own free Adobe Reader app is a valuable tool.

I mentioned PowerPoint files above. If you give presentations, you may (as I do) prefer Apple's Keynote app ($9.99) for creating presentations directly on your iPad. You'll need a VGA Adapter and HDMI adapter to connect to projectors and televisions respectively.

Remote Access

Some tasks simply require a PC, such as using vertical market software for which there is not yet an iOS app. For lawyers who leave their computer at the office and just rely on an iPad or iPhone, the free Citrix Receiver app works well if your office has a Citrix-enabled IT infrastructure.

For those who prefer to access their own computer instead of a generic Citrix environment, the free LogMeIn app works great. For $299 per year, your IT department can use LogMeIn Central to manage access.

Cloud services provide a convenient way to access documents while out of the office. With a free Dropbox account, you can store up to 2 GB of documents for free. Dropbox has an iOS app and also integrates with many other iOS app such as Documents to Go and GoodReader as noted above.

There are security implications beyond the scope of this article to keeping confidential documents on a third-party service like Dropbox, but for non-confidential documents such as pleadings or SEC filings in the public record, I consider Dropbox the best way to share files between a computer and an iPad or iPhone.

Legal Research

If your law firm subscribes to WestlawNext, you cannot beat the fantastic WestlawNext app for the iPad, which Thomson Reuters recently updated. The latest version supports folder sharing with colleagues and clients, and integration with your firm's client/matter numbers.

All attorneys can make use of the free Fastcase app for the iPad and iPhone, a convenient way to search for a case or a statute.

There are countless jurisdiction-specific apps that contain statutes, rules of civil procedure and evidence, local rules, etc. These apps typically contain the law within the app, so they don't require Internet access to work, which is important in a courtroom that does not have WiFi. You should determine the best apps for the jurisdictions in which your attorneys practice so that you can make specific recommendations when asked.

Litigators who need to calculate due dates will appreciate the easy-to-use DaysFrom Date Calculator ($0.99). For simple math calculations (the iPad doesn't include a calculator), I like Digits ($1.99).

Dictation

Siri on the iPhone 4S takes dictation, which is often the fastest and easiest way to create an email message. Presumably, Apple will soon add Siri to the iPad, but for now (and for those using older iPhones), the free Dragon Dictation app turns voice into text that you can send to Mail or paste into a document.

Note Taking

Taking handwritten notes on an iPad is not ideal for everyone because you cannot write on an iPad with a stylus as fast as you can take notes using a pen and a legal pad. Nevertheless, for those interested, several great note taking apps exist.

I don't have a personal favorite right now, but I recommend an app that has a zoomed-in box at the bottom in which you can write and have the text shrunk down for more words per page. Some of the best apps with this feature include Note Taker HD ($4.99), Notes Plus ($6.99), and Noteshelf ($4.99).

Deploying Apps to Your Users

Once you compile your list of recommended apps, you need to deploy them. To prevent confusion from similarly-named apps, I recommend using Apple's free Link Maker tool to create URLs that will initiate a download from the App Store. Create a list of apps that includes hyperlinks that attorneys can simply tap to launch the App Store and purchase the app.

If you want to purchase apps for your attorneys, Apple's Volume Purchasing Program enables you to purchase apps in bulk. You get a list of redemption codes that you forward to your firm's attorneys. Entering a code in the App Store causes the paid-for app to begin downloading, at no cost to the attorney. You can use the management interface to keep track of which codes are still available and see the purchase history.

Whichever approach you take, the attorneys in your firm can be more productive when someone is prepared to recommend and support specific iPad and iPhone apps.

Jeff Richardson practices law in New Orleans and publishes iPhone J.D., the oldest and largest website for attorneys who use the iPhone and iPad.

How to Receive BigLaw
Large and midsize law firms have achieved unprecedented success yet they still have tremendous growth potential. Written by insiders, corporate counsel, and other industry experts, BigLaw unearths best practices in leadership, marketing, strategy, and technology, and features detailed product reviews with accompanying TechnoScore ratings. BigLaw also ensures that you won't miss anything published elsewhere by linking to insightful articles (and podcasts and videos) about large and midsize law firms, as well as notable press releases issued by the world's largest law firms. The BigLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: BiglawWorld | Business Productivity/Word Processing | Computer Accessories | Dictation/OCR/Speech Recognition | Laptops/Smartphones/Tablets | Legal Research | Online/Cloud | Presentations/Projectors

Reviews of Acronis, TrialDirector; Heresy: No Dates in Document Names and Just One Monitor

By Kathryn Hughes | Thursday, April 4, 2013

Today's issue of TL Answers contains these articles:

David Long, Review: Acronis Plus Help Wanted for Backup Software That Just Works

Jim Montgomery, Review: TrialDirector Plus Trial Presentation Tips

Jeff Nichols, Heresy: Why I Don't Use Dates in My Document Names

Christian Onsager, Heresy: The Case for Just One Monitor

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: Backup/Media/Storage | Document Management | Laptops/Smartphones/Tablets | Monitors | Networking/Operating Systems | Presentations/Projectors

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

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

Five Litigation Graphics Tips Plus New Litigation Technologies

By Kathryn Hughes | Monday, February 25, 2013

Coming today to LitigationWorld: You can't count on a glove not fitting to win your case. Instead, you often need to use demonstrative evidence to show a jury something otherwise difficult to visualize. In this issue of LitigationWorld, lawyer and trial graphics consultant Morgan Smith shares five tips from his many years of trial experience, including three types of visuals to always consider creating, when to start creating visuals and when to use them, and how to avoid "Death by PowerPoint." Also, don't miss the LitigationWorld Pick of the Week for four new cloud-based products for litigators.

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 | Presentations/Projectors
 
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