COURT TECHNOLOGY

Litigation-Tech Announces New Trial Presentation Rate Structure

2:55 PM

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In order to help you worry less about costs related to trial prep and presentation, or the risks associated with “bargain hunting,” Litigation-Tech LLC is pleased to announce a new competitive rate structure on trial presentation labor and equipment.

We now offer hourly rates as low as $150 for trial prep, and $175 for trial. My rate is a bit higher, should you prefer that I personally handle your case. We do not charge overtime, nor do we charge for our trial computers.

Example, 1-week trial

Pre-trial prep (graphics, exhibit database, deposition video designations)

20 hours x $150 = $3000

Trial Presentation (Trial Technician in court daily)

40 hours x $175 = $7000

Why choose Litigation-Tech LLC?

Over 10 years actual trial presentation consulting experience in matters of all types
Large firm capabilities, small firm flexibility and overhead
Qualified and experienced Trial Technicians or Trial Consultant (with in-house law firm trial experience)
No inexperienced trainees, working at minimal salary assigned to your trial (while you pay full rates)
Litigation-Tech is an established company in business since 2002 - not just a private individual

Additional fees and expenses may apply for services or items not listed. Any estimates provided are intended only to serve as a rough guideline of costs and expenses. Actual invoice amount will vary according to the needs of counsel and trial team. Cases incurring referral fees to our business partners not eligible. Rates subject to change without notice.

Thank you, and please let me know if you’d like our rate sheet, or wish to discuss this further.

Ted Brooks, President

Litigation-Tech LLC

"Enhancing the Art of Communication"

213-798-6608 Los Angeles

415-291-9900 San Francisco

Exhibit A: iPad App for Trial Presentation

5:45 PM

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The iPad is one hot topic with lawyers, law firms and other legal professionals (see poll results at the end of this article). I had no idea just how hot, until I reviewed TrialPad and Evidence. Even the teaser article, simply stating that I was in the process of reviewing them drew more page views than anything else at the time. And now, Exhibit A joins the trial presentation apps category. The debates have even begun to appear. Read the article by Josh Barrett on Tablet Legal, and don’t miss the comments at the bottom.

I think you will find that I do not attempt to write a sales pitch for anything I review – nor do I take the quick & easy route of simply copying from the marketing text of the publisher’s web page. Rather, I do my best to offer an independent and objective analysis, from the average user’s perspective. Not only does this approach make for a better and more accurate review, it also helps the developers identify issues and correct them. I have received comments from several developers, thanking me for my candid reviews, and letting me know that my suggestions were being (or already had been) incorporated into upcoming versions. With the Court’s permission, I will now present Exhibit A.

Exhibit A joins two other iPad apps for trial presentation, TrialPad and Evidence. While none of these apps are likely to replace trial presentation consultants or even software suites such as TrialDirector (click here for a complete review of TrialDirector 6), they could be used effectively in the right scenario, such as a settlement conference, mediation, or even a small trial. Anything more should include a thorough review of your malpractice insurance policy. Before you proceed to use the software, get to know its capabilities and limitations from this review and any further information posted on the Court Technology and Trial Presentation blog. NOTE: As with my other reviews and articles which are first published elsewhere, such as on Law.com, this blog version includes last-minute updates, additional information and screen-shots.

When you first open Exhibit A, the Imports folder is displayed, which looks like an open briefcase. There are a number of methods to import exhibits, e.g., via iTunes and e-mail attachments. Support for DropBox will be available in a future release. You can also send exhibits to Exhibit A using folder shares over a Wi-Fi network and FTP. The thing I liked about the import feature is that the (selected) Help screen detects and displays the IP address of your iPad, so you can direct your computer's web browser or FTP client accordingly. This feature makes it easy to transfer files from a desktop computer to your iPad, and also allows you to create new folders in Exhibit A using your FTP client. I had some trouble getting the Wi-Fi transfer to work with my system, but the FTP feature worked fine.

Imported exhibits in Exhibit A ready for annotation and presentation.

Once you've loaded some exhibits, tapping the "Imports" briefcase will display them by the dozen -- in increments of 12 icons, sorted in alphanumeric order by file name. Scrolling gets you to the next dozen exhibits. While this may be fine for 12 or less exhibits, having more would be difficult to keep them all in view -- and within easy reach. You can sort the exhibits by alphanumeric or (you may filter them by) alphabetic file name, or by file type. Tapping an exhibit displays it in the annotation screen. Tap-holding an exhibit brings up additional options, including move (to a folder within the Imports briefcase), rename, or delete.

From the annotation screen, tapping the Files button at the bottom of the screen takes you back to the Imports folder, or additional briefcase folders that you created (which will also show up via FTP or iTunes), and leaves you in a file list view. From there, you can open any of your briefcases (aka folders) and then view the files in an alphanumeric order by their name. Unfortunately, there are no additional methods of sorting in the file list view. I found that a tap-and-drag-right action gives you the option to delete the file. You can also create new folders when viewing a list of exhibits, which will also display in the file list view.

I really liked the FTP feature. It allowed me to quickly add and populate folders in Exhibit A from my laptop, without having to tap my way through an app or use iTunes. The FTP access is available even when the iPad is asleep! Overall, I like the file system and accessibility. As with other apps, familiarizing yourself with all of the key features is critical.

GET TO KNOW THE APP

The larger the file size, the slower it is to load and display in Exhibit A. Color PDF files approximately 3 MB in size crashed the app; PDFs less than 3 MB did not. Although large color PDF exhibits initially loaded and displayed fine, when I tried to go back to the main screen, the app crashed. While you may not consider a 3 MB color PDF a typical exhibit, I used one in a recent case and tested the Evidence and TrialPad apps with that same file. If you use anything other than a simple text-based PDF in any of the trial presentation apps, I would encourage you to test each file to make sure it's not going to cause a problem when you least expect it.

Exhibit A works in landscape mode only -- the app does not rotate to portrait mode on the iPad. Exhibit pages are viewed in their entirety, but there is no page counter; so you don't know where you are in a multi-page exhibit unless the pages are numbered and in view.

When selecting digital file types for exhibits, stick to PDF text files and common internet graphic files like JPEG, GIF (and PNG). Like the Evidence app, multi-page TIFF images in Exhibit A display only the first page. And although PowerPoint is supported, I could not get it to display. Note that the TrialPad app does not support either of these file types.

Exhibit A supports iPad-compatible video, which includes MPEG-4 and .mov files. Online Converters are available from various sources if you wish to convert from other file types.

The tools available in the annotation screen include several options available from a palette: zoom, highlight, pen, eraser, and even a glowing red, laser-pointer that is only displayed when your finger is on an exhibit (as shown as the "nose" in the smiley-face graphic near the end of this article). The highlighter tool works differently than the highlighter in the Evidence and TrialPad apps. It is a free-draw tool, like the pen tool and eraser.

The yellow color of the highlighter is similar to that of what you might find in PowerPoint -- a dull, semitransparent yellow color.

All of the annotation tools allow you to change the size of the line, and you can also choose colors from the pen palette, including red, green, blue, black, and white, which could also be used as a redaction tool.

Exhibit A annotations view of an exhibit with its palette of tools and colors on the left-hand side of the screen and action buttons along the top.

Each drawing action overlays a previous annotation. There are options to undo, redo, clear (all), and save annotations. Tapping the Clear button removes all annotations, but then changes to a Redraw button, so you can instantly go back to the annotated version. Once you are ready to display an exhibit to the big screen or external monitor, you select the Show option to go to presentation mode. To display to an external monitor, you need to connect the iPad's VGA adapter to your projector input cable. The video display resolution should be the standard 1024 x 768 pixels.

While in presentation mode, the tool palette is not shown on the external display -- there is an option to hide the palette when presenting. Highlighted information maintains the semitransparent, dull yellow color as seen in the annotation screen in the images above. Compare the TrialPad and Evidence apps, which both displayed a bright, transparent yellow highlight in presentation mode.

Per the iPad, the presentation will go into sleep mode after a period of inactivity (5 minutes by default, but the "Auto-Lock" sleep mode can be set at 2, 5, 10, or 15 minutes, or never). Once the iPad goes to sleep, you will be forced to back out of the current exhibit and into the files view before you can enable the external display again. So don't become too distracted during trial that you miss the "dimmed screen" warning that the iPad is about to take a nap -- or set the iPad to "never" go into sleep mode. To be fair, the sleep problem also occurs in Evidence. TrialPad is the only trial presentation app I've reviewed that, by default, prevents the iPad from going to sleep during the presentation.

The presentation screen mirrors your actions when the "Show" feature is active. If you wish to select another document and highlight it without displaying your activity, leave the current exhibit in "Show" mode and it will remain on the external display while you go back to the thumbnails view on the iPad screen and select another exhibit. Once you "Show" an exhibit, it will remain on the external display until you select the "Hide" option or bring up a new exhibit and select "Show"; the newly selected exhibit will replace the previous one. (The one exception is when you go to the next or previous page of an exhibit that is being displayed on the external monitor or screen. If you go to the next page, the presentation will also advance to the next page. This inconsistency should be corrected, so it always works the same, regardless of how you’re operating it.)

A Whiteboard view, which is available from several of the screen views, offers the same set of tools as the annotation view, but without displaying a document. The Whiteboard can be used instead of butcher paper to develop a list or simple drawing. It's a nice feature. (It should also be noted that as demonstrated in the image below, you may need some practice using your finger to write or draw with your iPad.)

CONCLUSION

Exhibit A really has some nice features, all available at a special introductory price of $4.99 -- that's lower than either Evidence ($9.99) or TrialPad ($89.99). Used for the right purpose, and in cases with minimal risk, Exhibit A, like Evidence and TrialPad, will present exhibits nicely. But any attempt to use these apps beyond their capability will likely result in some form of disaster. So make sure you know that your presentation works on the app of your choice before you use it in trial -- nobody will be remember how "cool" you and your iPad are if your presentation doesn't work in court.

Ted Brooks is a trial presentation consultant, author, and speaker, with offices in Los Angeles & San Francisco.

:::: PRODUCT INFORMATION ::::

Exhibit A, Lectura, LLC, $4.99 (special introductory price)

Results of a recent LinkedIn Poll

Ted Brooks, President

Litigation-Tech LLC

"Enhancing the Art of Communication"

213-798-6608 Los Angeles

415-291-9900 San Francisco

http://trial-technology.blogspot.com/.

Los Angeles Lawyer: Trial Support Services & Vendors Guide

1:00 AM

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This article was first published in the February 2011 edition of Los Angeles Lawyer Magazine (click for PDF), a publication of Los Angeles County Bar Association

AS THE MEDIA CAPITAL OF THE WORLD, Los Angeles is understandably at the forefront of trial presentation -- from the O.J. Simpson and Robert Blake murder trials to the recent highly publicized Dodgers divorce trial of Frank and Jamie McCourt, during which David Boies appeared daily in Judge Gordon’s Downtown courtroom and then evenings on every local TV news program. If a high-profile trial happens in Los Angeles, chances are the rest of the world is watching.

Regardless of who may or may not be watching your case on the evening news, it is critical to remember that there are 12 people in the courtroom with you and that your primary responsibility is to convince them that your client should win the trial. Every reasonable effort should be made to provide the best representation possible, and this can include bringing in some help with trial preparation and court presentation.

Where do you begin? In part, by reading what you are reading now. The 2011 Guide to Trial Support Services features many of the top local providers of services you’ll need to help make your trial presentation run smoothly and flawlessly. Make no mistake -- trial is not the place to try new things or do it yourself. You’re better off calling in the experts who do this sort of thing daily -- especially in larger and/or high-profile matters. Even smaller matters can take advantage of the technology, however.

Gone are the days when a firm’s size would determine the level of technology at its disposal. Now, with the increased accessibility and availability of litigation and trial support software, consultants, and highly specialized vendors, the scales have truly been leveled. There are a few key steps necessary when entering the next generation of trial presentation. They include preparing a trial support database, creating demonstrative exhibits, preparing deposition video designations, and finally, the trial presentation.

Trial Support Database

Once you’ve identified all or part of your potential trial exhibits, you’ll need to have them scanned into a digital format, such as PDF or TIFF images. Most litigation-specific vendors will know what to do and how to do it properly. Simply taking it to a copy vendor may produce files that cannot be used with trial presentation software. It is not uncommon (if you expect to go to mediation or trial) to bring in a trial presentation consultant at the early stages of case workup to help ensure that everything is done right the first time. Database organization and file structure are critical, and if not done properly, may result having to do it over -- or worse yet, problems during the trial.

Demonstrative Exhibits

There is no topic that cannot benefit from visual display. Simple bullet-point slides, document callouts, timelines, or even complex animations may be used. Studies have repeatedly shown that we (read: jurors) learn and retain more when we can see what is being explained. Blowups may be used for a few key items, and a large quantity of demonstratives can quickly be displayed onscreen. This is particularly important for opening and closing, as well as with expert witnesses in explaining how things work.

Deposition Video Designations

Although you may think it is boring to watch an absentee witness testify via video, it is far worse to read the testimony into evidence. With video, the actual witness testifies to the jury, and exhibits may be displayed simultaneously so the jury can follow along. And, what about impeachment? There is no comparison between reading that “gotcha” statement from the transcript and watching it on video. The jury sees two versions of one witness -- a very powerful tool for damaging credibility. It is recommended that you videotape any witness of importance to your case.

Trial Presentation

All the aforementioned steps potentially lead to trial, mediation, settlement conferences, or other ADR. Trial presentation can be used effectively to communicate to audiences, be they the judge, mediator, opposing counsel, or the jury. You simply cannot try a case more effectively or efficiently than when bringing in state-of-the-art technology. Your jurors understand and retain your message better, your trial will go much faster, and you will be able to get far more evidence introduced, displayed, and admitted.

There is no matter so small or large that it cannot benefit greatly from the best available tools for your client. Cost does not always equal value. Check each vendor’s reputation, and remember that each vendor included in this guide is an active supporter of your LACBA.

Ted Brooks is a trial consultant, author and speaker, with offices in Los Angeles and San Francisco. He has provided trial presentation services in many high-profile and high-stakes matters, including the Dodgers McCourt divorce and People v. Robert Blake. You may read more of Ted’s articles on his blog:

Ted Brooks, President

Litigation-Tech LLC

"Enhancing the Art of Communication"

213-798-6608 Los Angeles

415-291-9900 San Francisco

Jury Duty: iPad App for Voir Dire (Jury Selection)

1:00 AM

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Author’s Comment: I will begin by thanking all of those who share their experience and knowledge with us, and those who help promote it on a grand scale. When it comes to legal-related iPad apps, sites like iPhone J.D., The Mac Lawyer, Tablet Legal and Law with an Apple are a few must-see resources. For the broader topic, Law Technology News has been around for many years, and with their new site design, featuring breaking news and up-to-the-minute articles that could become stale before making it to print, it appears they plan to be around a while longer. I hope you’ll add the Court Technology and Trial Presentation Blawg to your list of helpful resources, too.

I first learned of Jury Duty, designed by Texas attorney Stacy Kelly, while reviewing iJuror and JuryTracker and reported on it on the Court and Trial Technology Blawg. When I first spotted the application, I thought it might be a new game or entertainment app -- something to entertain a juror while dispatching his or her duty, as opposed to an aid to a legal professional involved in the process. I soon realized it was another app aimed at the same market as iJuror and JuryTracker. The competition is heating up in the "no-more-sticky-notes" litigation software category.

When the app is first opened, I was greeted by a familiar but rich-looking image of a balancing scale attended by a gavel, along with the statement: "For a More Effective Voir Dire." Voir Dire originates from the Latin term, verum dicere, which literally means, "speak the truth," and refers to the process of screening, rejecting, and selecting potential jurors.

The Panels button opened the case caption dialog, which allows me to create and store multiple cases. Once I opened an existing case, or entered the data for a new matter, I assigned specific voir dire topics to be addressed -- you can also begin to input the jurors' personal information.

The app takes advantage of the iPad's vivid display to add some nice attention to detail in realistic courtroom graphics.I really feel as though the app captures a "natural" workflow of selecting a jury. My advice, learn the apps workflow and stick to it. People do things in different ways, but when using an app such as this, you will benefit by following the flow as it was intended in court, and designed on the app. For example, I selected Jury, then Add Juror, and went right to the jury panel information dialog to enter each juror's attributes. You can quickly save and retrieve all of their important information in one place, including a temporary juror number assigned in the order of entry.

You can change the assigned juror number, but the designation does not assign them to a seat at this point. Data fields include basic people characteristics with plenty of room for notes. Completion of one field automatically puts the cursor at rest in the next field of entry, rather than having to tap each new field. This process would likely be most efficient when getting a set of jury questionnaires for review the night before selection. Working in this manner would be a bit more difficult to do on-the-fly, if you don't have your juror information set up ahead of time.

The Seating Chart view gave me the layout of the jury panel and displayed the juror number (if assigned to a seat). A little more info might be helpful here, such as the name of the juror. Although you can assign up to 200 prospective jurors, the icons are restricted to one section of the screen, which means that beyond 60 or so (six rows of 10 chairs each), they begin to get very small. Even so, if you have a complex matter and a large pool, having the ability to add up to 200 seats can be very helpful.

Tapping on a seat brought to the screen the list of juror names, so you can assign a juror to that seat. You can also drag and drop assigned jurors to any seat. Once jurors have been assigned to a seat, tapping it again will bring up that juror's basic information, along with handy options to accept, reject, strike for cause, positive or negative impression, and a notes field. Saving your input here changes the seat color from white to blue, allowing you to quickly see who you have and have not spoken with.

The Voir Dire Topics feature lets you add information that addresses the entire panel, rather than to each juror individually.

Jury Duty is designed to have your jurors' information filled out ahead of time -- which works fine if you have sufficient prep time. If you want to add new jurors, you have to go back to the case caption screen and add them from there. It would be helpful to be able to add them directly from the seating chart. It might also be helpful if the spell-checker were disabled, thus preventing names and other terms from auto-correction, e.g., "Davey" was corrected to "Raven." I would much prefer my own spelling errors in an app such as this, which I could (hopefully) decipher more easily.

Jury Duty's Report feature is nice and includes each juror's name and number; whether you accept, reject, or strike for cause; and whether your general impression of the juror is positive or negative.

Although the information is entered and saved using the pop-up dialog box that ensues after clicking a seated juror, other than this report, you cannot tell what you've entered from the visual display -- you have to dig. It would be helpful to quickly see which selections you made for each juror, rather than having to refer to a report. Reports are generated in an e-mail message format; there is also offers a Print function. iOS 4.2 does not support printing on its own, but you can add a printing app such as Printopia, a $10 app which prints wirelessly to your network or creates PDF files. (Note: Printopia works only via a networked Mac computer)

Overall, I like Jury Duty, and if you have time to enter names and information ahead of time to quickly assign them to a seat during voir dire, it will work great. This app competes more directly with iJuror than JuryTracker. Although you can observe your jury during the trial, adding notes or observations would be an entirely manual process.

With ample time to input case and juror details, Jury Duty looks like another good app that avoids the use of sticky-notes during voir dire.

Ted Brooks is a trial presentation consultant, author, and speaker, with offices in Los Angeles & San Francisco. E-mail: ted@litigationtech.com. Blog: Court and Trial Technology Blawg.

:::: PRODUCT INFORMATION ::::

Jury Duty, Stacy Kelly, $39.99

Ted Brooks, President

Litigation-Tech LLC

"Enhancing the Art of Communication"

213-798-6608 Los Angeles

415-291-9900 San Francisco