Transitioning - Arkfeld

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Transitioning - Arkfeld Powered By Docstoc
                                                              to a
Digital Law Practice
        Advances in legal technology are leading the
        way toward more efficient, practical litigation
        practices in the law office.

                                                              By Michael R. Arkfeld

As seen in the June/July 2002 issue of LAW OFFICE COMPUTING
            traditional “trial” attorney with       information can be coded and orga-          easily can postulate, consider and theo-
            whom I am acquainted recent-            nized for witness, chronological and        rize on the facts and documents that are
            ly commented that he had not            legal issue reports. This information       instantly available to you at the touch of
            been to trial for more than 12          easily can be reorganized as the            a key. It becomes a great equalizer for
            years. He handles cases the             issues and factual information in           the smaller firms because the informa-
old-fashioned way by using legal pads,              your case changes.                          tion is readily at your fingertips.
pens, pencils, notebooks, folders, file         •   Analyze — Factual and legal infor-               H o we ver, the transition to using
cabinets, expandos and other manual lit-            mation can be grouped for case              electronic tools isn’t as simple as buy-
igation tools. As he reviews documents,             analysis. This gives the ability to         ing software off the shelf. The truth is
he writes in a case or trial notebook rel-          trace different witnesses’ involve-         your litigation experience and skills are
e vant information in a legal, witness,             ment with a set of documents or             organization and process oriented, and
issue or chronology section. When an                events, and can instantly review the        must be applied to the software you use.
issue changes, he manually copies infor-            different witnesses’ accounts of an         The focus of this article is to suggest and
mation into a new issue section. With               accident or commercial transaction          describe the process of using electronic
depositions, he color codes issues with             that pertains to a specific legal or        tools to process your litigation case.
colored paperclips or with sticky notes             factual issue.
for particular issues. If one drops out, he     •   Collaboration — Digital information         Initial Meeting With Client
is faced with going through the whole               easily can be shared in a group-            At this meeting, the general description
deposition to locate the spot where it              computing environment where                 of the case is discussed. Certain events,
came from.                                          participants are located anywhere           witnesses and document information
       He said the reason he was not                in the world.                               are collected to begin to understand the
going to trial was because the cases he         •   Portability — Document images,              case. The client is interviewed if he or
handles would get active every six                  depositions and case materials can          she is a part of the case or have a gen-
months or so and then lie dormant for               be taken with you or provided to            eral understanding of the matter. The
three to six months until the next wave             co-counsel quickly, at a low cost.          nature and size of the case in terms of
of depositions, motions or other discov-        •   Presentation — Exhibits involving           size of the document population, num-
ery occurred. During the active times he            graphs or documents can be pre-             ber of depositions to take and so forth,
would try to organize the case materials,           sented effectively to jurors and            is discussed. A preliminary course of
re c o rd his insights, work product and            changed on the fly as your case             conduct is decided on, and the neces-
s t rategies, but the fine points wo u l d          progresses. Significant time can be         sary resources and budget to handle the
diminish over this period of time and it            saved presenting your case in a             case are discussed. Other factors to con-
was difficult and time-consuming to                 digital format.                             sider include the time constraints of liti-
refresh his recollection, recopy informa-                                                       gation, number and location of parties
tion in his trial notebook and become                 Having this information in yo u r         involved, location of co-counsel, possi-
current with the case. After a while his        computer puts you in the center of your         bility of early settlement and
billable time would increase as would           case where documents, data and your             h a rd wa re and software requirements.
opposing counsel’s time, and they would         strategies are equally accessible to your       These considerations often will dictate
end up settling primarily because of the        critical litigation thinking. Litigation sup-   the selection of different technologies.
difficulty of rehandling and re t o o l i n g   port softwa re is an adjunct
their cases for trial. This manual              and supports your liti-
approach to handling cases is obsolete          gation thinking
and does a disservice to clients.               process. You
       A much more efficient way of han-
dling the pretrial and trial aspects of lit-
igation is by adopting digital or
electronic methods of organizing, ana-
lyzing and presenting your court cases.
The primary benefits of converting and
controlling information digitally are:
• Storage capacity — Computers can
      store a voluminous amount of
      facts and law. One CD-ROM disk
      (640 mg) can hold 300,000
      pages of full-text information or
      document imaged pages.
• Search, retrieve and review —
      Documents, depositions, trial tran-
      scripts, case law and other case
      materials can be searched and
      information retrieved in seconds.
• Organization — Legal and factual

As seen in the June/July 2002 issue of LAW OFFICE COMPUTING                                          
                                                        Case                                •   Trial exhibit reports
                                                        Commencement                        •   Subject files
                                                      The commencement of a                 •   Correspondence
                                                       case provides an important               Follow-up reports
                                                        opportunity to plan yo u r          •   Opening statement outlines
                                                         case strategy before the           •   Direct and cross examination
         Database is simply a collection of               case takes on a life of its           outlines
   mutually related data or information
                                                           own.                             •   Closing argument outline.
                                                                   Whether you are
   stored in computer record fields. They                    answering a complaint          Select Case Management
   are organized collections of information                  or filing the lawsuit, the     Software
   similar to index cards, phone books, man-                  beginning of a lawsuit        Both case management and litigation
   ual trial notebooks or file cabinets of doc-               initiates a host of           support software should be set up for
                                                               deadlines, discove r y       your cases. The case management soft-
   uments.                                                     analysis and disclo-         ware plan will generally handle the non-
                                                                s u re, and whether         litigation information, such as billing,
         Full-text Documents are those doc-                     you need to share           docketing, timekeeping, contacts and
   uments that have the “complete text” or “full                 the information with       so forth.
                                                                 co-counsel. Some                The litigation support software will
   text” of a document stored in a computer
                                                                  states, such as           contain the litigation information, such
   file. These documents can be word or phrase                    Arizona,          have    as document abstracts, deposition tran-
   searched, and you instantly can access the                     mandatory disclo-         scripts, legal issues and witness informa-
   exact location of the words in the full-text                   s u re rules and fast     tion. Both are essential to the effective
   documents. Examples of full-text documents                     t rack court dates        control of your case.
                                                                   that increase the
   include depositions and trial tra n s c r i p t s .
                                                                   p re s s u re to effi-   Select Litigation Support
   H o we ver, essentially any document pro-                       ciently plan yo u r      Software
   duced in a word processor is a “full-text” doc-                 case with other          A digital trial notebook or litigation sup-
   ument.                                                          members of yo u r        port software should duplicate electron-
                                                                  litigation team.          ically the primary function and
                                                                         When        yo u   workflow of how you handle litigation.
         Imaging is a technology that stores doc-                 decide to automate        It should be your electronic legal assis-
   uments as electronic photographs in a com-                     the litigation, the       tant designed to provide direct access
   puter system. These digitized computer files                  team has to under-         to the correspondence, pleadings, inter-
   of documents are known as images. Images                      stand, accept and          rogatories, electronic information, doc-
   can’t be searched.                                           commit to the use of        uments, facts, law and so forth. It should
                                                                the technology; oth-        be a customizable system that lawyers
                                                               erwise, it will not be       immediately recognize and can identify
         OCR (Optical Character Recognition)                   successful. The bene-        as the approach they use when prepar-
   is software that can convert the letters or                fits of automating            ing a case.
   numbers that appear on a page to a bit                     should be shown to                    Before discussing the workflow in a
                                                             them to assist in their        case using electronic tools, it’s important
   mapped image and then into computer
                                                             assignments, as well as        to understand standalone and integrat-
   readable text known as ASCII. These                      the overall objectives of       ed litigation software programs. Fifteen
   words can then be searched using full-                  the case.                        years ago, litigation support programs
   text software.                                                For example, yo u          were generally standalone applications.
                                                         can show them the bene-            They consisted of a standalone database
                                                        fits of creating document           or a full-text search and retrieval system,
         Real-time Tra n s c r i p t i o n is          abstracts showing the con-           and were not integrated with other pro-
   the capability of the court reporter               nection of a witness to all           grams. It was difficult to manage your
   to use a computer-assisted steno-                 the documents in a case and            case because of the different command
    graph machine to have the testi-                the ability to retrieve that doc-       s t r u c t u res and functionality of these
      mony of a witness appear on                  ument list immediately for a             unrelated software programs. However,
                                                  deposition. The goal of electron-         in the last several years we have seen
        a computer monitor within               ically converting and enhancing             new modules added to existing litigation
          seconds from the time                case material is to provide these            support packages or different ve n d o r
            the wo rds are                    and other reports and compilations            application packages integrating with
               spoken.                      quickly, and with lower cost:                   each other to assist in the electro n i c
                                           • Witness kits                                   management and analysis of your cases.
                                          • Issue binders                                           The integration of different soft-
                                          • Chronological reports                           wa re applications — wo rd pro c e s s i n g ,
                                          • Factual pattern reports                         databases, imaging, spreadsheets, full
                                          • Deposition exhibit reports                      text and so on — that enable one to link

As seen in the June/July 2002 issue of LAW OFFICE COMPUTING                                        
and share case information is vitally           event lists, Internet resource links and      case, the document needed alwa y s
important. There are many tasks yo u            other case organizer tasks.                   seems to be checked out. Small armies
h a ve to perform as you pre p a re yo u r           The issue and name codes permit          of lawyers, associates and legal assis-
case. These tasks include an ove ra l l         you to control and connect the legal and      tants have been put together to accom-
plan, document indexes, witness depo-           factual information in your case. At the      modate some of these large cases. From
sitions and indexes, correspondence and         heart of your case are the causes of          a revenue perspective, large paper cases
deposition management, electro n i c            action, legal issues and factual proposi-     generate mini-fortunes for firms that bill
information control, interrogatory con-         tions that you must ultimately prove to       by the hour and use the manual method
trol, production of documents control,          prevail. The development of your legal        of organizing their cases. Manually con-
admissions, pretrial orders, substantive        cause of action, legal element, factual       trolling case information requires a sig-
motion preparation, opening statements,         proposition, witness and other coding or      nificant amount of personnel time and
closing arguments and so on.                    o rganization scheme is central to the        has proven to be costly.
       If you are integrating different soft-   c reation of your electronic trial note-            To save time and money and to
ware applications, be sure they can han-        book. This organization methodology           gain control of your documents, build a
dle these tasks.                                forms the foundation for your case and        document database. After scre e n i n g
       There are integrated litigation sup-     is the glue that binds all of your factual    your documents, the design and build-
port programs that combine some or all          and legal information together.               ing of the document database is an
of the following modules in the same                                                          important step. Pre-designed databases
software program: transcript manage-            Digitize Client Materials                     a re included in many softwa re pro-
ment (full text), document control (data-       All full-text ASCII case material should      g rams. Remember the final results of
bases), case plan organizer (outliner),         be loaded into the computer. This             what data is entered are reflected in the
document pictures (images) and so               should include any digital full-text mate-    reports generated. Control over the
forth. Some allow for simultaneous              rial such as pleadings as well as initial     design and entry of information for your
s e a rching of all information collected       interview of the client and employees.        final reports is critical to a successful
together. Other programs combine some           Enhancements in the form of issue             database application. For the design of a
of these modules and integrate with             codes, name codes, note tags, document        database to be successful, one should be
third-party vendor products.                    summaries or event summaries can be           able to locate key document data, doc-
                                                completed and added to the full-text          uments that pertain to particular issues
                                                materials. Initial design of the case data-   and witnesses, and any other data
Case Litigation Workflow                        base and document bibliographic index-        important to the theories of your case.
One of the difficult transitional areas for     ing should be discussed. Consideration              After creating the document data-
legal professionals is the reassignment of      should be given again to which issue          base one key method of organizing and
workflow processes as we change from            fields and other subjective coding fields     controlling the document information in
a “paper” to a “paperless” case system.         will be added to the database or full-text    your case is coding or abstracting the
Digital control of case information pre-        indexing softwa re. Standardization of        information. Coding or abstra c t i n g
sents new methods and skills that are           legal and nonlegal terms should be            means the determination and transfer of
obviously not present in a paper or ana-        decided on to assist in the search for        designated classes of information from
log system. A paper system re q u i re s        individuals or documents.
documents, folders, expandos, filing cab-
inets and so forth. A “paperless” system        Document Database,
requires ASCII disks, OCR software, a           Coding and Imaging
scanner, database design and so forth.          Documents have always pre-
Instead of filing a deposition, it’s now        sented accessibility and
necessary to “load” a deposition into a         retrieval problems. Many
computer.                                       t h ree-ring notebooks
                                                a re put together to
Secure Data                                     assist in the location
It’s important to be able to assign dif-        and indexing of
f e rent security levels to the differe n t     case information.
personnel who might have access to the          They are routinely
computer. Confidential client informa-          pulled apart to
tion and data integrity could be com-           copy a document
promised if you don’t, precluding access        for witness review,
to unauthorized users.                          p re p a ration for a
                                                summary          judg-
                                                ment, or as an
Setup Case Organizer and                        exhibit for a deposi-
Issue and Name Codes                            tion or trial. Often,
After obtaining initial case material           the original is lost or a
f rom your client, you should begin             fourth or fifth genera-
working on the issue codes, name codes          tion copy becomes illegi-
for individuals involved in the case, To-       ble. If more than one legal
Do lists, database design, chro n o l o g y     professional is working on the

As seen in the June/July 2002 issue of LAW OFFICE COMPUTING                                        
each document onto a computer form            requires the recognition of certain fields     statements or conduct interviews of
that is designed for entering the selected    of information, such as the author, date,      nonparty individuals. Also, obtain any
information into the litigation support       addressee, and the like. Subjective cod-       relevant documents from these parties.
system. If you intend to image your doc-      ing of a document involves determining         Load these documents into the comput-
uments, indexing them is re q u i re d        the document’s relevance to particular         er and issue and name code these doc-
because an image of a document can’t          legal or factual issues and summarizing        uments.
be searched and must be linked to a           the document. This includes an under-               A variety of reports should then be
document database record. However, if         standing of the legal issues of the case       generated to provide an analysis of the
the document had been converted to            and the application of those issues to the     case up to this time. You should run a
machine-readable text using OCR, then         facts of the case.                             chronology of events, timeline, impor-
the document could be word searched.                Re l e vant documents should be          tant words and phrases, issue codes and
A document type lookup table should           coded. As new case material is accumu-         specific time-limited chronology reports,
be prepared to code documents that are        lated, it should be added to the existing      and analyze this information to assess
the same general category.                    document database. At this point, you          the strengths and weaknesses of your
     The extent of indexing or coding         must determine if you should code the          client’s case.
depends on the usefulness of a docu-          documents in-house or outsource them
ment. This also will determine whether        to a service bureau. Bibliographic index-      Locate Experts to
certain documents should be converted         ing and imaging can be outsourced to a         Assist Your Case
to full text. The document also should        service bureau.                                If needed, begin locating experts to
be OCRed, if very useful.                           This coding process begins the cre-      assist with your case. There are a num-
     T h e re are two primary coding          ation of a base to begin running reports       ber of Internet expert witness locator
methods — bibliographic or objective          of what documents are linked to legal          services available if you need assistance
coding and subjective coding.                 issues and individuals connected to the        in locating experts.
     In computer document control ter-        case. From this factual foundation, you                 In the abstracting and coding
minology, objective coding is coding          can then move to case analysis by cre-         phase, above one of your fields should
that easily can be obtained from the          ating timelines and chronologies of your       be designated as an “expert document
face of a document. It doesn’t require        facts. You also need to code and deter-        disclosure” field so as you review docu-
a ny subjective reasoning or thought          mine if the fact is disputed and whether       ments, you can code them for later
p rocess. Objective coding mere l y           the fact is favorable, unfavorable or neu-     re t r i e val and printing to give to yo u r
                                              tral to your side.                             expert for review.
                                                                                                      During your initial consultation ask
                                               Develop Visual Aids                           them to assist in what type of discovery
                                                  Preliminary visual aids should be          and what questions to ask witnesses in
                                                    developed to reflect the themes of       the case. Create outlines in your case
                                                       your case. They can be invalu-        organizer or outliner of what questions
                                                        able in explaining your posi-        to ask witnesses.
                                                          tion to your client, witnesses
                                                            and for any pretrial pro-        Disclose Discovery to
                                                             ceedings with the court.        Opposing Party
                                                              You can use timelines          Disclose discovery to opposing counsel
                                                               during a hearing or           by paper or digitally using CD-ROM or
                                                                trial. You can save the      DVD. As you we re coding the docu-
                                                                 files in a JPEG for-        ments in the step above, one of yo u r
                                                                  mat, bitmap format         fields should be whether the material is
                                                                  and         Wi n d o w s   confidential and privileged. Then as you
                                                                   metafiles that yo u       create reports or batch print images of
                                                                    can import into          the documents, you can be assured you
                                                                    your wo rd pro c e s-    will not disclose privileged materials.
                                                                    sor, e-mail to others    Also, this will assist in tracking produc-
                                                                    or print on hard         tion of documents to the opposing side
                                                                    copy. Diagram flow-      with the tracking of document request
                                                                    charts and clip art      dates, and disclosure completion can be
                                                                   also can be used to       entered in your organizer or outliner.
                                                                   support your case
                                                                  visually.                  Obtain Discovery From
                                                                                             Opposing Party
                                                                                             Using requests for production, inter-
                                                                Obtain                       rogatories and request for admissions,
                                                                Nonparty                     obtain case information from the other
                                                               Statements                    side and try to narrow down the legal
                                                              and Documents                  issues and defenses in the case. Don’t
                                                            During the initial investiga-    forget to request the electronic discov-
                                                          tive stage, you should obtain      ery in the form of e-mails, and other

As seen in the June/July 2002 issue of LAW OFFICE COMPUTING                                        
electronic formats. Load the information       probability of success at trial or for use   •   Controlling the flow of your case —
f rom the other side using document            during settlement negotiations. Also,            Presenting digitally allows you to
databases, imaging and OCRing impor-           s o f t wa re can be used to pre p a re a        control the pace and flow of your
tant documents. Use your full-text             motion for summary judgment.                     case. You have the ability to rapidly
search engine to locate and code impor-                As you enter your facts, you can         present successive documents to a
tant electronic discovery information.         mark them as undisputed, then you can            witness during examination and not
     The legal and factual issues should       print out an issue-oriented report for the       be interrupted with paper shuffling.
be reformulated after reviewing the            court showing the undisputed facts sup-      •   Simplifying complex issues —
opposing party’s case materials. Special       porting your motion for summary                  Demonstrative evidence can simpli-
attention should be paid to your client’s      judgment.                                        fy voluminous and confusing facts
and opposing party’s strengths and                                                              for the benefit of a jury. The old
weaknesses, legal theories, damage             Prepare an Exhibits List                         adage “a picture is worth a thou-
components and other information.              One of the fields in your database               sand words” definitely applies in all
                                               should be labeled “Exhibit” and                  of your legal proceedings.
Prepare for Depositions                        checked in order to run a report and         •   Cost and Timesavings — One of the
In setting up the depositions, pre p a re      e ven batch print a copy of all the              constant complaints by juries and
witness kits from your existing database.      exhibits you intend to use at trial. These       judges is the wasted time in the
Prior to the deposition, run database          fields and images also can be exported           courtroom as lawyers try to present
reports on the witness for author, recip-      to a trial presentation program to dis-          their case. They are upset that
ient, person mentioned, copied and so          play electronically in the courtroom.            exhibits are misplaced, the time it
forth. If coded, sort by date, name and                                                         takes to publish and read docu-
analyze for patterns. Tag documents            Prepare Multimedia Aids                          ments, and any other delay that
and print if imaged or pull the docu-          One of the most effective and important          keeps them away from their family
ments. Prepare an outline of questions,        methods of persuading the factfinder is          and jobs. The judge and jurors
dates, and what a deposition entails for       t h rough the use of multimedia aids.            want an efficient and fair trial. And
the witness. Consider the need for video       Seeing and hearing is believing. Our             the use of technology in the court-
if the witness will not be present, or you     society, including judges, expects to be         room can save a significant amount
might wish to impeach him by using the         entertained and taught through multi-            of time in trial. Using a paperless
video deposition. Determine if real-time       media. The preparation of multimedia             approach to present a case to a jury
t ranscription should be used for the          visual presentations can be calculated to        saves 20 percent to 50 percent of
depositions. Some real-time services           be persuasive of a particular position           the time in trial.
allow you to send real-time audio, text        and to assist in convincing the trier of     •   Changing demonstrative evidence
and video of a witness to your expert          fact to reach a decision in your client’s        — You can change your presenta-
witness or others anywhere in the world        f a vo r. Visual aids summarize, supple-         tion on the fly. As the facts are pre-
using a regular phone line.                    ment and assist in conveying your mes-           sented, charts and other graphics
      Get a copy of the deposition on          sage to the trier of fact.                       can be changed in the courtroom
disk with the exhibits linked to the spe-             Consider using prior re c o rd e d        to reflect actual testimony.
cific testimony from the court reporter.       video testimony at trial. The videotape
After taking the depositions re v i e w ,      can be synchronized with the words of                The hardware needed to present a
annotate and generate name and case            the deponent. In trial an attorney can       case can range from the simple use of a
issue and chronology reports on the key        simply search for a relevant name, date      computer, screen and LCD (liquid crys-
elements of the case. Formulate follow-        or phrase in a video via a computer, and     tal display) projector you rent or a more
up questions for witnesses and prepare         the computer automatically will go to        e l a b o rate system with multiple
deposition digests to support pre t r i a l    the section of the video where the           monitors.
motions. Chronology of key testimony           words were spoken.                                   Also, the visual or Elmo presenter
and documents and key deposition                                                            is an extremely popular medium for in-
excerpts should be prepared for analy-         Trial Presentation                           court presentation. It consists of a video
sis. Flag areas where a witness has            Consider using a trial presentation pro-     camera attached to a metal arm point-
changed his or her testimony or position       gram to present your case to the judge       ed downward to project images onto a
on issues or events.                           or jury.                                     color monitor or a LCD projector.
                                                    Using a paperless digital presenta-             Anything — objects, x-rays, paper,
Settlement or Motions for                      tion system results in several benefits:     photographs — can be placed beneath
Summary Judgment                               • Increases juror understanding, and         the camera for projection onto monitors
After the first set of depositions, evalu-         the trier of fact remains focused on     in the courtroom for the benefit of the
ate the strength and weaknesses of your            the case — The trier of fact wants       jurors and counsel alike.
case again for your prospects in trial or          to learn and be involved in the pre-
to pursue settlement. Run database and             sentation of the case. The trier of      Obtain Permission to Use
full-text reports by cause of actions, legal       fact wants a visual presentation,        Presentation Technology
elements and supporting evidence. For              which brings a case to life. It pro-     It’s imperative you disclose to the court
example, if you print out a set of facts           vides variety, keeps jurors interest-    within a reasonable time before the pro-
that are favorable and unfavorable, then           ed, and increases their                  ceedings of your intention to use tech-
you can discuss the facts with yo u r              understanding of the factual and         nology in the legal proceeding. Many
clients and co-counsel to determine the            legal issues in a case.                  judges have expressed displeasure with

As seen in the June/July 2002 issue of LAW OFFICE COMPUTING                                      
                                                                                     using technology, even the addition of
                                                                                     a single extension cord because it
                                                                                     changes the appearance of their court-
    Michael Arkfeld’s Top Picks for                                                  room. Obtaining the court’s consent to
                                                                                     use technology can be done informally
    Case and Litigation Software                                                     or formally.
                                                                                            M a ny practitioners routinely file
                                                                                     “notices” to the court that they wish to
   Case Management: Amicus Attorney (,                         use certain technology in the court-
   from Gavel & Gown Software Inc. It combines a calendar, contacts, files,            room. Others raise the issue in pretri-
   timekeeper, library, To-Do lists, communication center, document gener-              al conferences. Whether one wishes
   ator and other features. It easily synchronizes with Microsoft Outlook,               to bring a single laptop computer or a
   Worldox and HotDocs and is designed for an attorney’s work requirements.               complete “paperless” pre s e n t a t i o n
                                                                                           system, one must still obtain the
   Litigation Support: Summation ( It has an                             consent of the court.
   integrated database, full-text, imaging, real-time, case organizer, OCR (opti-                  Some tips on using computers
   cal character recognition) and Internet document depository modules with                  in the courtroom at counsel’s
   m a ny features. This grandfather of litigation support softwa re provides                 table:
   a powerful solution to manage the electronic and paper information in                       • The computer must be
   your cases.                                                                                   unobtrusive and small;
                                                                                               • Bring extra charged batteries;
   CaseMap, TimeMap, NoteMap and TextMap from CaseSoft (,                     • Bring a substitute computer
   a division of DecisionQuest. These modules provide a case database organizer                    with the same programs and
   and analyzer, timeline graphical tool, full-text and outliner modules. CaseSoft                 legal and factual material on
   integrates with many other third-party products.                                                both computers;
                                                                                                • Have your case material
   Visual Aids: TimeMap ( from CaseSoft (reviewed in the                          backed up on tape, Zip or
   April/May 2002 issue of LAW OFFICE COMPUTING). After entering the key facts                     regular disks;
   and dates, TimeMap easily creates chronology timelines for use during hearings               • Print a copy of your trial
   or trial. You can save the files in a JPEG format, bitmap format and Windows                    outline, witness notes, etc.;
   metafiles that you can import into your word processor, e-mail to others or print            • Bring extra printer toner car-
   on hard copy. Data can be imported from CaseMap, Summation and other liti-                     tridges;
   gation support products.                                                                    • Print transparencies of
                                                                                                  documents, charts and graphs
   Visio ( by Microsoft (reviewed in the April/May 2002 issue                       for use with an overhead
   of LAW OFFICE COMPUTING). This program can be used to diagram flowcharts,                      projector;
   automobile accidents, decision trees and more.                                            • Make sure your keyboard is
   Real-time Depositions: DepoCast ( and                                   • Turn off the computer’s sound. by LegalSpan. DepoCast allows you to send real-time
    audio, text and video of a witness during a deposition or trial to your expert                  Digital technology is transform-
    witness or others anywhere in the world using a regular phone line. They                  ing the manual practice of law into
    can communicate back to you using a built-in instant e-mail messaging                    “The Digital Practice of Law.” It can
    module.                                                                                 free you from the paper shuffle. It can
                                                                                           assist you in digging out facts quickly
    Trial Presentation: TrialDirector ( from                           and efficiently. It will give you control of
    inData Corp. This program allows you to display document images,                      the facts and law of your case and the
    photos, video and PowerPoint presentations to the judge or jury. It                   time to analyze those facts to assess the
    also provides many different markup tools to focus the factfinder                     strengths and weaknesses of your case.
    on the critical parts of your documents, photos, etc.                                 It will allow you to settle from a position
                                                                                          of strength and not out of necessity
     LCD Pro j e c t o r s :       MediaStar 311 by To s h i b a                          because everything is in a paper or ana-
      ( This LCD projector is integrated with                            log format. It can assist you in each
        a built-in visual presenter or document camera that                               phase of the trial, and it can free you to
          displays three-dimensional objects, documents,                                  use your considerable skills as a trained
             photographs, graphs and video for multi-                                     trial attorney, making your job much
                 media presentations. It also has the                                     easier.
                     traditional features of a LCD
                                                                                          A B O U T          T H E       A U T H O R

                                                                                          MICHAEL R. ARKFELD is an assistant U.S. attorney in
                                                                                          Phoenix. He is the author of “The Digital Practice of Law”
                                                                                          (Fifth edition), and a frequent speaker and columnist on the
                                                                                          practice of law. He can be reached at

As seen in the June/July 2002 issue of LAW OFFICE COMPUTING                                           

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