Showing posts with label litigation. Show all posts
Showing posts with label litigation. Show all posts
The Trial Technology Behind Western MacArthur
11:29 AM
indigo
Litigation-Tech provided the courtroom technology in this precedent-setting litigation
2.2 Billion Reasons to Stay Tuned to Courtroom Technology
In Minority Report, an action-detective thriller set in Washington, D.C. in 2054, actor Tom Cruise plays a police investigator who uses a dazzling array of high tech video gadgetry in a "virtual courtroom" setting to convince satellite-conferenced judges to issue arrest warrants for murderers before they commit their crime. By arresting the criminals before they act, crime is effectively eliminated.
Sound far-fetched? While eliminating the "actus reus" (physical act) element from criminal prosecution is not likely to occur any time soon, the advent of high tech video gadgetry in the civil courtrooms is moving at warp speed and producing some amazing results.
Witness the recent $2.2 billion settlement in Western MacArthur Co., et al. v. U.S.F.&G., et al. The settlement, reached after nearly three months of trial in Alameda County, is one of the largest asbestos-related settlements ever made. Pursuant to the terms of the settlement, St. Paul, the successor by merger to U.S.F.&G., has agreed to pay the $2.2 billion to resolve approximately 20,000 underlying personal injury asbestos cases filed in Alameda County from approximately 1982 through present (and for additional future claims).
Plaintiffs were represented by Faricy & Roen PC, Brobeck, Phleger & Harrison LLP, and Miller, Starr & Regalia. To deal with the massive amounts of discovery and the daunting task of trial presentation, plaintiffs' counsel turned to Legal Technology Consulting and Ted Brooks.
By the time trial started, the courtroom resembled a neighborhood Good Guys store. There were twenty-three 15-inch flat panel monitors (10 in the jury box, 4 at counsel tables, 4 behind counsel tables for supporting counsel and staff, one in the witness box, and one for the judge), with kill switches to disable the jury's view for unadmitted exhibits. In addition, the parties used a 48-inch flat panel plasma display monitor behind the witness stand for reference by witnesses to documents and other evidence. Plaintiffs used Trial Director on InData Trial Server with Medea external RAID drive, which produced total 300 GB drive capacity to present several hundred exhibits, several days of deposition video and other evidence.
"The Judge (the Honorable Bonnie Lewman Sabraw) wanted to see the trial like a movie, to blend plaintiffs' and defendants' evidence in a way that was easily accessible and understandable to the jury," said Brooks, who acted as the technological maestro in the courtroom. "Since the life of the case (12 years) outlasted much of the technology that was used at the outset, it was a challenge to make all of the technology work. But in the end, we succeeded."
The behind-the-scenes "technology statistics" are staggering. They included:
• 10 trial databases (not including several testing, export, import, and case buildup databases)
• 105 GB digitized deposition video
• Combined video runtime: 13 (24 hour) days, 7 hours, 14 minutes, 44 seconds
• Combined deposition excerpt runtime: 2 (24 hour) days, 13 hours, 12 minutes, 53 seconds
• 2322 deposition excerpts (not counting several hundred used for editing purposes)
• 100 videotaped deposition transcripts (not counting many taped but not digitized)
• Nearly 900 demonstrative graphic exhibits
• 15.48 GB document data
• 164204 TIFF images (all parties, not counting hundreds of thousands in case buildup data)
Amy Matthew, a shareholder with Miller, Starr & Regalia and one of the plaintiffs' lead trial lawyers, had nothing but praise for the work performed by Brooks and the technology team. "This was a case of gargantuan proportion," Matthew said. "Our ability to effectively communicate to the jury, to show the jury a mountain of evidence in a format that they could understand and readily assimilate, was one of the keys to this trial. Without our extensive trial databases and the cutting edge technology used to communicate information to the jury, we would not have achieved the tremendous settlement that we did."
So how does one approach what Brooks described as the "Technological Mother of All Cases?" According to Brooks, the key is to work with competent counsel early on, develop a usable database and use an excellent software program, which in this case was Trial Director. "We agreed to keep a standardized system (Trial Director) following a court order that we were to combine plaintiff and defendant deposition video deposition clips, and play them at the same time, more closely resembling a live witness. This resulted in us (plaintiff) presenting approximately 80% or more of the evidence, with very few "hard copy" documents used during the entire trial. With thousands of exhibits on each side of the table, to try to manage the evidence as paper simply would not have worked in any efficient manner. The Court repeatedly complimented the efficient and effective implementation of technology in the courtroom, and noted how the jury was very focused when deposition clips or documents were shown on the monitors."
At the end of the day, the cutting edge technology used in Western MacArthur Co. may not have prevented the alleged wrongs that led to the filing of the lawsuit, but it certainly contributed to capturing a huge settlement.
By Daniel R. Miller and Ted Brooks, Article for the Daily Journal Corp. Verdicts and Settlements
http://www.litigationtech.com
Article: Top Five High-Profile Trial Blunders and How to Avoid Them in Your Own Practice
2:24 PM
indigo
Litigation is challenging. High-profile litigation is doubly challenging. Wouldn't you love a sneak peak into these big trials so you could learn from the trial team's mistakes? In this article, trial and technology consultant Ted Brooks draws on his experience in several high-profile trials to share the top five problems that can arise and steps you can take to prevent them from negatively impacting your own cases. Ted doesn't think you can guess which cases he's referring to — but even if you do, he'll never tell. This article contains 1,130 words.
TechnoFeature: Top Five High-Profile Trial Blunders and How to Avoid Them in Your Own Practice
By Ted Brooks
(This article is a TechnoLawyer Exclusive.)
INTRODUCTION
While some of the tips listed below relate primarily to high-profile matters, a few are also worthy of consideration in preparation for any trial. Some may appear obvious — even to the point that you might doubt they could ever actually occur. I can tell you that I have dealt with every issue I've addressed below during my career as a Trial/Technology Consultant. Also, I have experience in several high-profile cases to draw upon, both criminal and civil. I will not, however, imply, indicate, or attempt to indicate in any way which trial or trials from which each point stems.
So no matter how clever you are, any assumptions you might make as to which one(s) they are related will be wrong — and even if you're right, I'll deny it.
There, got that out of the way.
1. PLAN ON THE WORST-CASE SCENARIO FROM THE OUTSET — DON'T JUST ASSUME IT WILL SETTLE
Okay, this tip probably seems obvious, and unlikely to actually happen in real life, but let me say that it does not always work that way. If it did, I would never have had several "opportunities" to work up a case in a matter of only a few short days — something that should normally take weeks to prepare. In fact, of all the items I will address in this article, this one is the most common.
How does this happen? Well, I think we all try to be optimistic, saving our client precious money whenever possible and practical. Although statistically the majority of cases do indeed settle, all it takes is one little "glitch" on the eve of trial, and you're screwed. One seemingly insignificant misunderstanding, a decimal point in the wrong place, or if you've been following current events, even a plea bargain the Court rejects.
How can you prevent this? Work toward settlement if that is the logical choice, but never assume it's over until it's over. That stated, when it comes to trial preparation, don't wait until the final settlement attempt fails the week before the trial date to get everything in order. This includes all of the demonstratives, trial evidence database, mock trials, and everything else. Although "miracles" may sometimes happen on short-notice, you should not hope to be one of the fortunate few. Rather, prepare several weeks in advance — for larger matters, several months may be preferable.
2. WORK WITH THE BEST AVAILABLE PEOPLE — DON'T TRY TO SAVE A FEW BUCKS
It is interesting that some of the best (and highest billing) law firms in the land would go bargain hunting when looking for trial preparation and litigation support assistance. While in many cases it certainly does make sense, it is probably not the best way to go in high-profile matters. Assuming your client didn't contact you just because you were the cheapest firm around, it might also be assumed that they would appreciate your efforts in securing the best assistance available as well. When viewed in perspective, costs of litigation support, trial preparation, and presentation will be relatively small.
Relatively small? How much does it cost? While I can only offer a general figure for trial preparation and support (as this is primarily what our firm provides), I can say that a "typical" (read: no real such thing as a "typical" trial) one-month trial might end up running in the $70,000 and up neighborhood.
Other oft-neglected items include videotaping of depositions, demonstrative graphics and animations, top expert witnesses, and mock trials or focus groups. Again, it just doesn't make sense in the big picture to provide the high-profile client anything less than the best you can find.
3. MAINTAIN CONTROL OF YOUR CLIENT — DON'T LET THEM MAKE STRATEGIC DECISIONS FOR YOU
I have witnessed more than one client's attempt to take control of what needs to get done, who needs to do it, how witnesses should be handled, and so on. Fortunately, I can also say that most of the attorneys I have worked with have been able to straighten things out and remind the client of their role in the matter.
This is sometimes simple, and sometimes not. It depends on the client(s) and the way they handle the pressure and stress of trial. You should not take the fact that your client has an opinion lightly, but you must also remember that their opinion is probably not the most objective. It may help to bring in a third party at times — someone to help you play "good cop/bad cop." An "objective" opinion from someone other than you can often be helpful in this type of situation.
4. MEDIA COVERAGE — DON'T ASSUME THEY WILL SEE OR REPORT IT YOUR WAY
High-profile trials make for great TV coverage. Interestingly, I have actually heard reports that truly made me wonder if they came from the same courtroom I was in all day. On the other hand, I have heard and read reports that accurately described the proceedings or the intended release of information.
Entire lengthy interviews may be reduced to only a few seconds, offering only a few points of interest. These points of interest may or may not be what you wish to communicate about your case.
If you are involved in high-profile matters, you may know reporters who will work with you to generally attempt to tell the story as you see it. Others may not. Media coverage may be beneficial, or it may be very dangerous. At any rate, it is a risk to some degree — and don't forget that your opponent may wish to have their story told as well.
5. ENJOY THE EXPOSURE, PREPARE FOR NEW BUSINESS — DON'T CHANGE WHO YOU ARE
Assuming a favorable outcome, you and your entire trial team can benefit greatly as a result of your involvement. This can lead to new business, other high-profile matters, and referrals.
Although you may need to make some adjustments to handle an increased flow of work, it is always best to remember your roots. The quality of work and reputation that landed that case should never be compromised or spread so thin as to have a negative impact on your existing or new clients.
CONCLUSION
Regardless of whether you ever have the chance to work on a high-profile matter (hey, there aren't enough for everyone to have them), you can apply each of these tips in some fashion to nearly every case. Again, some might say these are all "no-brainers," but let me remind you in closing that I have experienced and based each one on actual litigation experience.
Finally, if you think that a particular point above relates to a specific case you have in mind, you're wrong ...
Copyright 2007 Ted Brooks. All rights reserved.
ABOUT THE AUTHOR
Ted Brooks is the President of Litigation-Tech LLC , a trial technology consulting firm based in San Francisco. Ted won the Law Technology News Award for Most Innovative Use of Technology in a Trial, and is a frequent speaker and author.
Visit www.litigationtech.com,or telephone (415-291-9900).
TechnoFeature: Top Five High-Profile Trial Blunders and How to Avoid Them in Your Own Practice
By Ted Brooks
(This article is a TechnoLawyer Exclusive.)
INTRODUCTION
While some of the tips listed below relate primarily to high-profile matters, a few are also worthy of consideration in preparation for any trial. Some may appear obvious — even to the point that you might doubt they could ever actually occur. I can tell you that I have dealt with every issue I've addressed below during my career as a Trial/Technology Consultant. Also, I have experience in several high-profile cases to draw upon, both criminal and civil. I will not, however, imply, indicate, or attempt to indicate in any way which trial or trials from which each point stems.
So no matter how clever you are, any assumptions you might make as to which one(s) they are related will be wrong — and even if you're right, I'll deny it.
There, got that out of the way.
1. PLAN ON THE WORST-CASE SCENARIO FROM THE OUTSET — DON'T JUST ASSUME IT WILL SETTLE
Okay, this tip probably seems obvious, and unlikely to actually happen in real life, but let me say that it does not always work that way. If it did, I would never have had several "opportunities" to work up a case in a matter of only a few short days — something that should normally take weeks to prepare. In fact, of all the items I will address in this article, this one is the most common.
How does this happen? Well, I think we all try to be optimistic, saving our client precious money whenever possible and practical. Although statistically the majority of cases do indeed settle, all it takes is one little "glitch" on the eve of trial, and you're screwed. One seemingly insignificant misunderstanding, a decimal point in the wrong place, or if you've been following current events, even a plea bargain the Court rejects.
How can you prevent this? Work toward settlement if that is the logical choice, but never assume it's over until it's over. That stated, when it comes to trial preparation, don't wait until the final settlement attempt fails the week before the trial date to get everything in order. This includes all of the demonstratives, trial evidence database, mock trials, and everything else. Although "miracles" may sometimes happen on short-notice, you should not hope to be one of the fortunate few. Rather, prepare several weeks in advance — for larger matters, several months may be preferable.
2. WORK WITH THE BEST AVAILABLE PEOPLE — DON'T TRY TO SAVE A FEW BUCKS
It is interesting that some of the best (and highest billing) law firms in the land would go bargain hunting when looking for trial preparation and litigation support assistance. While in many cases it certainly does make sense, it is probably not the best way to go in high-profile matters. Assuming your client didn't contact you just because you were the cheapest firm around, it might also be assumed that they would appreciate your efforts in securing the best assistance available as well. When viewed in perspective, costs of litigation support, trial preparation, and presentation will be relatively small.
Relatively small? How much does it cost? While I can only offer a general figure for trial preparation and support (as this is primarily what our firm provides), I can say that a "typical" (read: no real such thing as a "typical" trial) one-month trial might end up running in the $70,000 and up neighborhood.
Other oft-neglected items include videotaping of depositions, demonstrative graphics and animations, top expert witnesses, and mock trials or focus groups. Again, it just doesn't make sense in the big picture to provide the high-profile client anything less than the best you can find.
3. MAINTAIN CONTROL OF YOUR CLIENT — DON'T LET THEM MAKE STRATEGIC DECISIONS FOR YOU
I have witnessed more than one client's attempt to take control of what needs to get done, who needs to do it, how witnesses should be handled, and so on. Fortunately, I can also say that most of the attorneys I have worked with have been able to straighten things out and remind the client of their role in the matter.
This is sometimes simple, and sometimes not. It depends on the client(s) and the way they handle the pressure and stress of trial. You should not take the fact that your client has an opinion lightly, but you must also remember that their opinion is probably not the most objective. It may help to bring in a third party at times — someone to help you play "good cop/bad cop." An "objective" opinion from someone other than you can often be helpful in this type of situation.
4. MEDIA COVERAGE — DON'T ASSUME THEY WILL SEE OR REPORT IT YOUR WAY
High-profile trials make for great TV coverage. Interestingly, I have actually heard reports that truly made me wonder if they came from the same courtroom I was in all day. On the other hand, I have heard and read reports that accurately described the proceedings or the intended release of information.
Entire lengthy interviews may be reduced to only a few seconds, offering only a few points of interest. These points of interest may or may not be what you wish to communicate about your case.
If you are involved in high-profile matters, you may know reporters who will work with you to generally attempt to tell the story as you see it. Others may not. Media coverage may be beneficial, or it may be very dangerous. At any rate, it is a risk to some degree — and don't forget that your opponent may wish to have their story told as well.
5. ENJOY THE EXPOSURE, PREPARE FOR NEW BUSINESS — DON'T CHANGE WHO YOU ARE
Assuming a favorable outcome, you and your entire trial team can benefit greatly as a result of your involvement. This can lead to new business, other high-profile matters, and referrals.
Although you may need to make some adjustments to handle an increased flow of work, it is always best to remember your roots. The quality of work and reputation that landed that case should never be compromised or spread so thin as to have a negative impact on your existing or new clients.
CONCLUSION
Regardless of whether you ever have the chance to work on a high-profile matter (hey, there aren't enough for everyone to have them), you can apply each of these tips in some fashion to nearly every case. Again, some might say these are all "no-brainers," but let me remind you in closing that I have experienced and based each one on actual litigation experience.
Finally, if you think that a particular point above relates to a specific case you have in mind, you're wrong ...
Copyright 2007 Ted Brooks. All rights reserved.
ABOUT THE AUTHOR
Ted Brooks is the President of Litigation-Tech LLC , a trial technology consulting firm based in San Francisco. Ted won the Law Technology News Award for Most Innovative Use of Technology in a Trial, and is a frequent speaker and author.
Visit www.litigationtech.com,
