2017 Greatest Hits

January 17th, 2017|

We’ve shared a few “Greatest Hits” lists over the years, and so here’s the next installment. Although we get a great deal of traffic from Google and other web searches, we also have our “Top 10 This Week” list, a blog-specific Search feature, and of course, our Complete Archive Directory. All of these may be found to the right and below this article.Rather than just another list of favorites, this is a topical directory of a few articles in each category, featuring several of the best articles on this blog. If you have a topic of interest, or are looking

Demonstratives: Making Effective Graphics for Trial

December 15th, 2016|

I frequently use Microsoft PowerPoint to create and display demonstrative graphics used in Opening Statements, Closing Arguments, and with Expert Witnesses. Although professional graphic artists also use tools such as Adobe’s Illustrator and Photoshop, in the hands of an experienced user, PowerPoint can accomplish many of the same tasks, and it is much easier to work with. In addition, it is often used to present demonstratives in the courtroom – regardless of which software was used to design them.Demonstratives: Making Effective Graphics for TrialPublished by National Institute for Trial Advocacy (NITA), John Cleaves’ recent book offers an in-depth look at

$haring Trial Support Costs

November 30th, 2016|

Regardless how large your trial may be, saving your client a little money is usually a good thing -- at least when it doesn't come at the cost of compromised quality (or malpractice). Here are a few possible ways to reduce some of your trial costs. Joint Trial ExhibitsMany courts appreciate (and some require) parties to agree upon and submit a set of Joint Trial Exhibits. A good place to start would be the deposition exhibits – particularly if they have been sequentially numbered from the outset, rather than starting over with each deponent. Here – let me repeat that: Sequentially

Trump Deposition: Synced Version Now Available Online

October 1st, 2016|

In an example of what has been the most entertaining election cycle in history, yet another tidbit has been served up for all to enjoy - the deposition video of Donald J. Trump, taken June 6, 2016. Regardless of your political preferences, once I heard this news, I knew I had a little work to do. Here is a link to the CNN article.On Friday, September 30, 2016, Washington, D.C. Superior Court judge Brian Holeman sided with news organizations, allowing the release of the deposition video from a $10 million lawsuit filed by Trump against chef Geoffrey Zakarian, who had signed

No Bull

September 23rd, 2016|

If you happened to catch the premiere episode of "Bull” this past Tuesday night on CBS, you may have an opinion and understanding of modern jury consulting. Then again, you might have a somewhat inaccurate perception of what can actually be accomplished with technology, and how legal professionals interact with one another. As a trial consultant who spends a lot of time in trial, and with a bit of actual high-profile trial experience, including the Robert Blake murder trial, I formed a few of my own opinions after watching the show.No B.S.The graphic shown above might offer a foreshadowing, or

Trial Technology in Silicon Valley

September 15th, 2016|

In preparing recently for a Silicon Valley trial, I had an opportunity to check out our courtroom. Well, I should say, I made an opportunity, as we typically want to know of any potential “surprises” before they become “emergencies,” and because I was informed that the technology here was new. What I didn’t realize, was that it was brand-spankin’ new, as in had never been used in a trial yet! It’s a good thing we made time for this visit, since even the court staff was not yet up to speed with everything about the new setup. It’s probably also

Trial Tech Tips – Electronic Exhibit Stickers

August 5th, 2016|

Trial Tech Tips - Electronic Exhibit StickersSince most courts prefer to have parties pre-mark their trial exhibits these days, we typically create a PDF set of trial exhibits with electronic stickers on the first page. These can easily be printed or distributed as needed. Handling this task prior to trial can save a great deal of trial time and confusion by avoiding the dreaded, “May we have the next-in-order exhibit number, please?” With this in mind, if you’ve ever personally enjoyed the “opportunity” to manually affix a set of peel-and-stick trial exhibit stickers in a large case, or have noticed

Yes you can!

July 19th, 2016|

A paintbrush in the hands of an artist can help illustrate a vision, while someone else might just make a gooey mess of paint. The brush is a tool, while the resulting product is a work of the artist. Although some will hate it, and others cannot live without it, legal technology is actually little more than a modern tool, as well.Anyone practicing law or involved with legal technology in some form for the past few years has seen some changes. Attorneys can now pick a jury, do legal research, and even present evidence in the courtroom with an iPad

Litigation and Trial Presentation Technology

June 22nd, 2016|

UCLA Extension is offering a brand-new online course, entitled Litigation and Trial Presentation Technology, which will be taught by Shannon Bales, of Munger, Tolles and Olson. I am always happy to hear of new and interesting opportunities to receive education and training in the technology side of law -- something that's just not that easy to find. Plus, online course access means you don't have to take the 405, the 10, the 110 and/or the 5 to get there (if you've ever commuted in Los Angeles, you know exactly what I mean. If not, you should probably consider yourself lucky).I had the

eDiscovery Trouble: Blackbird Technologies v. kCura LLC

June 8th, 2016|

Case 1:16-cv-00418-UNA   Filed 06/07/16 Blackbird Technologies v. kCura LLC (Pacer Link)Just in time to be a discussion topic at LegalTech! Most anyone involved in litigation support and technology is familiar with kCura Relativity, including Blackbird Technologies. As I was reviewing recent (filed just yesterday) Patent Complaints this morning, I happened to notice some familiar names, prompting me to look a little deeper. This is breaking news -- not even out in the legal news sites yet. It seems Blackbird has patented some nice ways to perform a concept search, which they allege others have used in violation of their patent. kCura