Comparison of TrialDirector, Sanction, and Visionary (plus iPad and legal video info)

This past weekend, I enjoyed the opportunity of presenting at the National Court Reporters’ Association Trial Presentation Symposium, in Atlanta, GA. I have been involved in this program for the past few sessions, and have enjoyed the opportunity to share a bit of knowledge with a full class of participants, along with the bonus of networking with a few of the top names in the business, including Trial Consultants Robb Helt (Arkansas), Tim Piganelli (Arizona), Joe Cerda (Texas), with a short topic on court procedure by Steve Crandall, and headed up by Brian Clune. I'll also include my name here (Ted Brooks) as your California connection. (These links are to each speaker's email)



Topics that were covered included the top 3 trial presentation software packages, TrialDirector, Sanction II, and Visionary. When compared side-by-side, TrialDirector appears to be the most up-to-date of the three, having been optimized for Windows 7 and a high-powered laptop. Sanction Solutions is about to release Sanction III, reportedly within the next few weeks or so. I would expect it to be a drastic improvement over Sanction II, which is not necessarily a bad product, but it hasn’t been updated in quite a while, and appears a bit dated. Visionary is currently in version 8, and looks like it could use a little “refresh” as well.  I will be very interested in trying the next version of Sanction, and will be writing an in-depth review of that, once it is released. I haven’t heard when we might expect a new release from Visionary Legal Technologies, but I would assume they are working on it. There are certainly other trial presentation software programs on the market, including some proprietary applications (which I would not recommend, since they are essentially locking you into a vendor), but these are the top 3, listed in order of market share. 

Any of them will do the job far better than attempting to present evidence using something like hard copies of your exhibits with an ELMO (electronic document camera) or PowerPoint. When they were compared on three screens at the same time, TrialDirector was clearly ahead of the pack – at least for now. Regardless which one you prefer, it was also demonstrated why it was not a good idea for an attorney to attempt to run a trial presentation program while trying to focus on examining a witness and connecting with a jury. While none of these programs are difficult to learn, trial presentation is a full-time job, and looks best when handled by someone who does it frequently.

iPad apps for trial presentation were also covered, including TrialPad, Evidence and Exhibit A. I have thoroughly reviewed each of them on Law Technology News and this blog, and have come to the conclusion that although they are indeed very cool, and it could look pretty slick running your trial presentation with an iPad, they just don’t have nearly enough horsepower for the larger trial, and they all suffer from the limitations of the iPad. The risk v. benefit analysis of using an iPad for trial presentation doesn’t add up at this point - at least unless it is a small and manageble matter, or there is some special reason it is needed.

The final session on Sunday covered the use of High Definition video in the legal arena. I found this very interesting, especially since we had a panel of notable Certified Legal Video Specialists (CLVS) who shared the latest news on how they are using it, including Bruce Balmer, John Garnett, Ed Foppe, and Gilley Delorimier. Joe Cerda also shared his recent experiences with HD video for shooting depositions, and then displaying in trial.

It was pointed out that you need to remember that there is a difference between HD and wide-screen. While often combined into one, they are two different attributes. File size remains a critical concern, and even more so with the new HD formats. The other critical concern is that wide-screen format (16:9) is not practical for use in depositions, since there is very little need to expand the view to include the attorneys, coffee cups, and stacks of exhibits on the table. That stated, regardless of whether we can find a decent method of storing such massive files, the standard 4:3 aspect ratio remains the preferred format for deposition video. I will add that the latest version of TrialDirector now supports wide-screen display for trial presentation. Some of our courts are already using wide-screen flat panel monitors, so it is much nicer to use the full screen, rather than have the gray side boxes cropping the image. The problem here is that court projectors and screens are still primarily 4:3 aspect ratio. For now, it appears that most everyone agrees, a 4:3 MPEG1 video remains the standard for trial presentation of deposition video.

Overall, the comments were very positive, but also offered ideas on how the program might be improved. A couple of nice comments were, "You are clearly the industry leader as it relates to trial presentation," and "This symposium was AWESOME. Thanks for giving so much back to the industry guys!"



If you follow any of the LinkedIn or Yahoo groups for trial technology and/or legal videography, you will likely recognize most of the names I've mentioned, as each of them has helped us all by sharing their knowledge and experience. The NCRA Trial Presentation Symposium is certainly a great opportunity to learn a few new tricks, and to meet and greet a few of the stars of our profession (and no, I am not arrogantly referring to myself).

LinkedIn Trial Technology Group
Yahoo Trial Technology Group
Yahoo Legal Videography Group

Ted Brooks, President

Litigation-Tech LLC

"Enhancing the Art of Communication"

213-798-6608 Los Angeles

415-291-9900 San Francisco

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http://www.litigationtech.com/

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

Litigator: Federal and State Court Rules For Your iPad or iPhone

Litigator looks like an excellent resource for Trial Lawyers, regardless of how tech-savvy they are (or aren't) - as long as you have an iPad or iPhone. I can easily see how convenient it could be during lunch to pull out the iPad, quickly checking a Rule, instead of realizing the books were left on the table, locked up in the courtroom. An iPhone version of Litigator is also available, which I did not review. Although the app is similar in form and function, the display is no match for the iPad. It should also be noted that I was contacted by Linsay Associates, the publisher of this app, once my review was published on Law Technology News. I was asked for some clarification with respect to improvements I mentioned that I would like to see. I see this as a good sign.  

Reprinted with permission from the February 16, 2011 issue of Law Technology News. ©2011 ALM Media Properties, LLC.

Litigator, an app from Linsay Associates, was recently released to provide quick and easy access to statutes, rules, and court information on an iPad.

When you first open the app, a lower navigation bar features tabs for Federal Rules, Local Rules,and Courts. The Federal Rules tab contains links to Appellate, Civil and Criminal Procedure, Evidence, Supreme Court, and the U.S. Code Title 18 and 28. 

 Clicking the Local Rules tab for the first time opens a window with no rules, only options to purchase state and local rules at $4.99 per court. There is also a link to request new rules you would like added to the app via iTunes, which opens an e-mail message to Linsay Associates. The developers will add the rules (at $4.99 per set) to the app, then notify you via e-mail once they become available in the iTunes store. If someone has already requested a set, that set will appear in the list of currently available rules available for purchase.

The Courts tab offers a list of U.S.District courts by state. Tapping one of the courts takes you to a screen that includes the address, telephone, and website -- and the iPhone version of this app includes a link to a direct phone number to the court. Frankly, I'm thankful that the iPad version does not have this capability yet, as I have been having nightmares lately, stemming from a disturbing image found on the 3 Geeks and a Law Blog.

Tapping the court address opens a window to a Google Map of the court and surrounding area.

Tapping the link to the court's website directs you to the homepage of the court. I would really like to see state courts included in this directory -- especially considering that there are so many more state than federal courts to keep track of. Having ready access to maps and court contact information can be a real time-saver -- especially for legal professionals who travel to multiple jurisdictions.

GETTING INTO THE RULES

For purposes of this review, I selected Rules 401 through 404 from the Federal Rules of Evidence. Once you're back to the default Federal Rules Screen, you can then tap the Evidence link, which takes you to a listing of Articles. I chose Article IV, Relevancy And Its Limits, which lead me to a list of Rules: 401-415. Rules 401-403 are relatively brief, and do not reference other rules in the bodies of their text. Once you get to Rule 404, "Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes," additional rules are mentioned and hyperlinked in the body of text -- a very convenient feature. If you wish to review a referenced rule via the hyperlink, tapping on it takes you directly to that rule. Then, a "back" arrow becomes available to return directly to the previously viewed page, in addition to the navigation options to go to the next page and previous page.

New York Local Rules with hyperlinks.

There is a search function to find specific text, along with a bookmark feature, which allows you to add rules to a list for quick reference. But the search function does not work when you are displaying the text of rules. That's a disability. You need to back out to the main screen, select the specific rules you want to search (i.e., Appellate, Civil, Criminal, etc.), and then type in your search term.

There is a separate index for each set of rules, so searching is limited to the selected set. After you enter your search terms and select search, the next screen shows a list of articles containing your terms aka "hits." To view the hits within an article, you select the article and click a red arrow to go to the next or previous hit in that article -- but clicking through hit-highlights in one article will not send you to the next or previous article in your search results. You have to manually select another article if you wish to view the hits there.

For example, I selected the Federal Rules of Civil Procedure and searched for the term "expert." Rule 26 was listed in the result set. Tapping on Rule 26 then opened the rule with hit-highlights -- my search term (expert) was highlighted in bright red. While I could scroll down to the next hit, I clicked a little red arrow that took me directly to the next hit in the rule.

Although hyperlinks work great within the app, they do not work as internet hyperlinks outside of the app. You can quickly e-mail a rule, or copy and paste portions (or multiple rules) into a message to send to yourself, a colleague, or the court. But when you view the rules outside of the iPad app, the hyperlinks visually appear but do not work. They will only work when using the iPad app to view the rules. When you use the rules outside of the app, note that the Federal Rules are available online at the Cornell University Law School website. NOTE: I was contacted by publisher about this feature, and would expect to see it soon in a future update to the app.

Now that a compilation of rules is available on the iPad, I'm wondering when more specialized rules will become available in this app, or another, e.g., the California Civil Jury Instructions? In case you're interested, I'll also include a link to the California Criminal Jury Instructions here.

Despite its few shortcomings, Litigator sure beats carrying an extra stack of books to court, and might even be able to help you find your way there. And, although you could certainly compile a set of web links that would enable you to do much of the same work, you would be dependent on an internet connection -- something that is not always available or reliable in court, or on a plane.

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

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Litigator, Linsay Associates, $14.99 (includes Federal Rules; $4.99 per set of local court rules)

Ted Brooks, President

Litigation-Tech LLC

"Enhancing the Art of Communication"

213-798-6608 Los Angeles

415-291-9900 San Francisco

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http://www.litigationtech.com/

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

Litigation-Tech Announces New Trial Presentation Rate Structure

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

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Request Rates and Info

http://www.litigationtech.com/

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