News, views and tips on litigation graphics, trial strategy and the law.

How to Organize Digital Copies of Your Trial Exhibits

Trial exhibit namingGoing to trial requires planning and attention to detail. Jurors may not see the details of your plan, but they will appreciate attorneys who move quickly in trial and show respect for the jurors’ valuable time and attention.

Good pre-trial planning should include preparing trial exhibits for display and use in trial with consistent format, naming and labeling conventions. In trial, I want digital copies of the exhibits on my trial laptop that I can easily search, share, display and use to incorporate exhibits into outlines for opening, closing and witness examinations. In this post, I’ll share my tips for digitally organizing trial exhibits.

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Upcoming Legal Tech Webinars: Tips for Attorneys to Use Databases & iPads for Litigation

iphone and ipadMorgan and I are hosting webinars on Wednesday, March 5, and Thursday, March 6, that we hope attorneys will find helpful for everyday practice and for trial.

The first is “Technology Tips for Using Databases to Understand, Develop and Control Your Case,” which I’m presenting for the Law Practice Management and Technology Section of the California State Bar. The other is “iPads and Trial Technology in Litigation and Trial Practice,” which Morgan is hosting here at Cogent Legal to launch a new series of webinars we’ll do in-house. Both are eligible for MCLE credit, and both will be archived and available to view afterward if you cannot make the date of the live presentations. This post will give you the info and links to register. [Read more...]

How to Weave ESI Into the Fabric Of Your Case

A version of this article was first published in the January 2014 LexisNexis e-discovery brief.

ediscoveryA central case database where litigators track issues, witnesses, events, documents, to-do items and more is a vital tool for making e-discovery and litigation more efficient.

While electronically stored information (ESI) is important, ESI rarely takes center stage in a closing argument. Rather, the attorneys will be telling the jury a story in closing argument—a story about the parties, what happened to bring those parties into court, and how the evidence before the jury supports the story. Although e-discovery may not be the star of the closing argument, it plays an important supporting role: the stories of closing will often be woven from threads first identified in e-discovery. [Read more...]

How to Use Your iPhone to Connect Your iPad for Wireless Presentations

iphone and ipadI recently discovered another way to easily set up your iPad for wireless presentation display. I’ve written before about how to set up a wireless display for an iPad, which describes how you must have a special WiFi device to make it all work (see prior post). Now I’d like to tell you about another way to create the WiFi connection and allow your iPad to have Internet access during a presentation.

Being able to make a presentation wirelessly is handy for use in court, in meeting rooms—really, anytime you want to use your iPad to present to an audience. Wireless presentation is better than hard-wiring because it allows you to walk around without being tied down and looks cleaner and more impressive. Also, the benefit of the system described below is that by using your iPhone, you eliminate the need for additional equipment. [Read more...]

Litigation Tech Tips for Easy Access and Analysis of Key Case Info

color thumbtackLitigation would be much easier if you could work on just one case at a time, and if each case moved quickly to a conclusion. Unfortunately, litigators don’t have that luxury. Litigators need to jump from case to case, putting out fires in one, then jumping to the next. Because litigation can span years, litigators often need to return to information and analysis done weeks, months or even years ago.

In years of litigating big, complicated cases with these challenges, I’ve used a number of tricks to put key information and documents a couple of clicks away. In today’s blog post, I’ll share a few of those tips in the context of a patent case (for non-patent litigators, you may still find some of these tips of value).
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Good News for 2014: Trial Tech Costs Can Be Easier to Recover

Dollar2For those of you who rely heavily on trial technicians and courtroom technology, a 2013 case on CCP Section 1033.5 is important to know about because it enhances your ability to recover trial tech costs.

Every year, technology becomes an increasingly important part of case presentations. In a piecemeal fashion, courts are steadily catching up to this 21st-century reality and beginning to recognize that tech-related trial costs are legitimately recoverable. [Read more...]

Trial Presentations: What Jurors Expect from Both David and Goliath

lady justice w: borderWe trial graphics consultants often get the question, “Are we digging a Goliath hole for ourselves here with this presentation?” This question arises when attorneys fear that a sophisticated visual presentation could impress the jury as deep pockets bullying of a smaller party. Fourteen years ago, when I first began preparing courtroom presentations in an era of Elmos and flip charts, this concern may have had some merit. Today, the concern has little merit.

I posed the David and Goliath question to Sarah Murray, a Fulbright scholar social/cultural anthropologist and founder, president and senior consultant at Trial Craft, Inc. I have had the great pleasure to work with Sarah on cases from small contract disputes to antitrust matters with international scope.

Through Sarah’s quantitative and qualitative jury research, Sarah has evolved a conviction that the David & Goliath fear is a fading myth, and contrary to the metrics of fact. [Read more...]

The Value of Trial Graphics Recognized

Timeline showing litigation events As former trial attorneys here at Cogent Legal, we know the value of good trial graphics. Our clients appreciate and understand the need for high-quality in-court presentation too.

Recently, a judge in Nevada joined the chorus appreciating the worth of trial graphics. As reported in the Las Vegas Review Journal on September 25, 2023, Clark County District Judge Rob Bare awarded costs of over $1 million to a successful plaintiff, including costs for slides that explained the case, video depositions synchronized with the transcripts, and a trial technician who displayed evidence in a six week trial.

As Judge Bare observed, “I think members of a jury, most likely, are going to respect a more high-tech approach. … I think they will connect with it. … (It) is more than necessary in today’s modern climate. I think the judiciary should encourage this type of professional, high-caliber type of presentation.” [Read more...]

Sipping From the Fire Hose: Techniques for Managing E-Discovery and Evidence in Litigation

Fee-Time-LineOn Tuesday, October 1, 2023 at noon Pacific Time, I will present a webinar for SFTLA entitled “Sipping From the Fire Hose: Techniques for Managing E-Discovery and Evidence in Litigation.” If you are reading this post before that time, and you’d like to attend the webinar, please click here to register. In this post, I’ll share the slides from the webinar and I’ll preview a couple of the tips that I will be discussing. [Read more...]

Displaying Patent Language in Patent Litigation

030 cover pageAs lawyers, we are always arguing about documents, and we often need to display those documents in court. In patent cases, displaying documents is particularly important because the patent’s language describes the invention. In today’s post, I’ll talk about how to display this language in an understandable, readable and trustworthy form for the judge or jury. [Read more...]