ILNews

Finney: Is trial technology a reasonable and necessary expense?

Back to TopCommentsE-mailPrintBookmark and Share

FinneyA recent decision in Suen v. Las Vegas Sands Corp., from the Nevada District Court, Clark County, demonstrated that technology at trial is a valued component and not merely a dog-and-pony show. The dispute at hand centered upon unpaid expenses for trial technology that had been deemed as not a “reasonable and necessary” expense. Despite arguments that juries have been able to reach verdicts for years without technology, Judge Rob Bare awarded financial restitution to the plaintiff in addition to a high-profile endorsement for utilizing trial technology. As reported in the Las Vegas Review Journal on Sept. 25, 2013, Judge Bare stated “I think members of a jury, most likely, are going to respect a more high-tech approach” than wading through piles of paper. “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.”

With on-demand access to media from essentially anywhere in the world, many jurors expect the same instantaneous displays with focused messages in the courtroom. Trial technology can include many different tools, such as the use of tablets, laptops, smartboards and complex databases. Regardless of what tools are used, some of the most effective aspects of trial technology include displaying exhibits, zooming into paragraphs, highlighting key phrases, playing video deposition clips with synchronized text, and demonstrative evidence like timelines, charts and maps.

Even with examples of trial technology, some have a difficult time understanding what benefit exists over exhibit binders, trial boards or even the ELMO. Besides the fact that our media-rich culture creates an expectation for this type of presentation, there are several other benefits including efficiency, focus, flexibility and persuasion.

Extended moments of silence in a courtroom as someone rifles through boxes or binders to find specific documents can generate feelings of boredom and aggravation often with the perception that the examiner is disorganized and wasting time. Utilizing tools like Trial Director or Sanction can eliminate those awkward moments as exhibits are pulled up immediately for the entire courtroom to see. The efficiency of displaying documents simply by referencing an exhibit or Bates number keeps things moving at a reasonable pace and creates the appearance of preparedness. As unexpected topics arise, databases can be searched to promptly locate and display documents or testimony allowing examinations to run seamlessly.

When jurors follow along in a binder, it is difficult to control whether they are following along with the line of questioning as they can easily skip ahead or flip to the wrong section. By displaying the evidence electronically you are in control of the focal point by zooming in to specific paragraphs and highlighting key sentences. Comparing documents side-by-side on the screen to show differences and similarities between versions is much more effective than flipping between sections of a binder because everyone is directed to the same section instantly. Furthermore, impeaching witnesses with focused video deposition emphasizes the severity with the inclusion of body language and tone.

Trials are full of unexpected moments that require flexibility and last-minute adjustments. Trial boards and printed graphics are not modifiable, but electronic displays allow for last-minute word substitutions in a demonstration or removal of certain timeline events. Displaying unexpected documents for a specific witness can be done without hesitation or concern around having printed copies available for the jury. Irrespective of the format, much time and effort goes into trial preparation, and nothing is more disappointing than being unable to use something after hours of elbow grease were exerted. Trial technology diminishes the likelihood of this occurring because of the flexibility that it provides.

With focused, streamlined presentations it is often easier for others to be persuaded. Momentum is not lost as a result of shuffling through folders and unorganized notes. Using tools like PowerPoint or Keynote often allow for the dots to be connected via summary slides, comparison charts and snippets of testimony thematically placed together to emphasize specific points.

As the trend to utilize trial technology grows, so does the number of tools available. Some longstanding products such as Trial Director and Sanction are specific to the legal market while others like PowerPoint and Keynote are generic presentation tools that are praised for their streamlined format, which keep people on course during opening and closing statements. When utilizing technology, it is important to remember that bad technology is worse than no technology. As such, trial teams should only use products they are comfortable with or work with a trusted and seasoned veteran. Although technology can add excitement to what may be an otherwise boring trial, the structured message presented to the jury will likely create a deeper understanding of the case and influence the verdict favorably.•

__________

Deanna Finney (deanna.finney@miscindiana.com) is a co-owner of the Indianapolis based legal technology company, Modern Information Solutions LLC. Areas of service include traditional IT services, software training and litigation support including trial presentation services. www.miscindiana.com. The opinions expressed are those of the author.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  2. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  3. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  4. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

ADVERTISEMENT