Litigation Technology
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How can technology help lawyers in litigation? This talk explains how digital information processing can increase efficiency and simply fact gathering and organization.

How can technology help lawyers in litigation? This talk explains how digital information processing can increase efficiency and simply fact gathering and organization.

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Litigation Technology Litigation Technology Presentation Transcript

  • Litigation Technology How to manage information in the digital era Ernie Svenson
  • Ernie Svenson ‣EDLA Law Clerk ‣Practiced law 27 yrs ‣ErnieTheAttorney.net ‣“Blogging in One Hour for Lawyers” (ABA book) ‣“Acrobat in One Hour for Lawyers” (ABA book) ‣PaperlessChase.com
  • “ The illiterate of the 21st century will not be those who cannot read and write but those who cannot learn, unlearn and relearn” -Alvin Toffler
  • Part 1: Why use technology? Framework 4:00 – 5:00 pm ‣ What are the key goals? ‣ Can technology help us achieve those goals? ‣ Data v. Information
  • Convince me
  • Gather
  • Organize
  • Present
  • Make your complex arguments seem…
  • Simple & Self-Evident
  • Can technology help?
  • Just because you can... Doesn't mean you should
  • Gettysburg Address (what if Lincoln had used Powerpoint?)
  • US Military Powerpoint Explaining Afghanistan
  • Information overload
  • Facts Research Gather Discover Inform Organize Arrange Present Story
  • Part 2: Gathering & Organizing Framework Gathering & Organizing ‣ What are the key goals? ‣ Internet & Social Media ‣ Can technology help us achieve those goals? ‣ How to search on your own ‣ Organizing data ‣ Data v. Information 4:00 – 5:00 pm
  • Facts Research Gather Discover Inform Organize Arrange Gather
  • Facebook
  • Casey Anthony
  • Facebook Relevance Bass ex rel. v. Miss Porter's Sch., 2009 WL 3724968 (D. Conn.) —“Facebook usage depicts a snapshot of the user's relationships and state of mind at time of posting.”
  • Matrimonial Lawyers —81% say: increase in SN evidence —Facebook: “unrivaled leader for online divorce evidence.” —66% say: FB is “primary evidence source” —The National Law Journal September 21, 2010
  • Facebook Subpoena —Will provide basic subscriber information, if valid subpoena from California state ct, or Fed Ct. —Will not provide user content, citing SCA —Don’t expect to talk to anyone at Facebook by phone —Their subpoena requests are handled by outside counsel
  • Facebook Ethics —The Philadelphia Bar Ass'n Professional Guidance Comm., Op. 2009-02 (Mar. 2009)
  • Verdicts Challenged Since 1999: 90 verdicts challenged Reason: internet misconduct In 28 cases: new trial granted Source: Reuters Legal 2010
  • Actions by 30 Federal Judges Removed Cautioned Mistrial Contempt Fined Source: Federal Judicial Center
  • Judges: are jurors violating SM ban? 79% “No way to know” Source: Federal Judicial Center
  • How to search
  • What’s happening? Search jury duty Off to jury Duty got some of and my iPod the best sleep Jury Duty injust died...HELP! my life in jury duty...
  • Browser 1. Type: search.twitter.com 2. Do advanced search 3. Hone this skill
  • http://twitter.com/i/#!/search-home
  • from:anthonyweiner near:NYC within:15mi
  • TweetKeeper 3200 tweets - $1.99
  • Alerts Search query: Result type: How often: How many: Deliver to: Everything News a day Once Blogs Only best results Video esvenson@gmail.co Discussions ▼
  • Facts Research Gather Discover Inform Organize Arrange Arrange
  • Depositions Ask questions: receive paper
  • Unlearn
  • Relearn
  • $49
  • $400
  • Case Mapping Identify: key facts, issues, themes
  • 2
  • Hawkins - LexisNexis Casemap File Edit Facts Date & Time Mon 12/01/2003 View Insert Records Reports Fact Text Tools Source Hawkins promoted to Anstar Biotech Industries VP of Sales Interview notes Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip Hawkins 24:18 Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip Hawkins 43:18 Tue 11/15/2005 Hawkins turns 51 Depo. Philip Hawkins 56:11-23
  • Hawkins - LexisNexis Casemap File Edit Facts Date & Time Mon 12/01/2003 View Insert Records Reports Fact Text Tools Source Hawkins promoted to Anstar Biotech Industries VP of Sales Interview notes Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip Hawkins 24:18 Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip Hawkins 43:18 Tue 11/15/2005 Hawkins turns 51 Depo. Philip Hawkins 56:11-23 Wed 05/11/2005 Hawkins receives performance review from William Lang. Is rated #1 “Outstanding” Hawkins performance review
  • Hawkins - LexisNexis Casemap File Edit Facts Date & Time View Insert Records Reports Fact Text Mon 12/01/2003 Hawkins promoted to Anstar Biotech Industries VP of Sales Wed 05/11/2005 Hawkins receives performance review from William Lang. Is rated #1 “Outstanding” Tools Source Interview notes Hawkins performance review Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip Hawkins 24:18 Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip Hawkins 43:18 Tue 11/15/2005 Hawkins turns 51 Depo. Philip Hawkins 56:11-23 Tue 07/15/2005 Hawkins makes derogatory remarks about Linda Collins to Karen Thomas Interview notes
  • Hawkins - LexisNexis Casemap File Edit Facts Date & Time View Insert Records Reports Fact Text Mon 12/01/2003 Hawkins promoted to Anstar Biotech Industries VP of Sales Wed 05/11/2005 Hawkins receives performance review from William Lang. Is rated #1 “Outstanding” Tools Source Interview notes Hawkins performance review Tue 07/15/2005 Hawkins makes derogatory remarks about Linda Collins to Karen Thomas Interview notes Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip Hawkins 24:18 Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip Hawkins 43:18 Tue 11/15/2005 Hawkins turns 51 Depo. Philip Hawkins 56:11-23
  • Hawkins - LexisNexis Casemap File Edit View Facts Date & Time Mon 12/01/2003 Insert Records Reports Q. What was your role at Anstar Biotech when you first started working there? A. Initially my role was to be sales manager. I had met Bill Lang while touring the Converse Chemical Lab in Bakersfield. That was in December of 2002, as I recall. It was about a month later that he offered me the sales manager position, and I accepted right away. I didn’t start until a few days later, though. Fact Text Hawkins promoted to Anstar Biotech Industries VP of Sales Wed 05/11/2005 Deposition when you Hawkins receivesrelationship like with Bill Langreview from performance Q. What was your working first started at Anstar? William Lang. Is rated #1 “Outstanding” of Tue 07/15/2005 Hawkinshe didn’t micro-manage things. He expected people about Linda makes derogatory remarks part and Philip Hawkins do work hard and bring in the results, but that was it. Also, as Collinswent onKaren that he was an avid fisherman and time to I found out Thomas Sat 07/30/2005 A. We got along great. Bill was an easy going guy, for the most so was I so we kind of bonded on that front. We talked about taking a fishing trip together, but never got around to making it happen. 01/16/2009 Hawkins demoted to sales manager Q. Tue 11/15/2005 A. I was promoted in December of 2003, on the first of the month Q. When did you first learn that your job status would be changing? A. Thu 08/11/2005 How long had you been VP of sales? I think it was at the end of July in 2005. It was on a Saturday, which I remember because I was trying to leave town to join my family on a vacation and that’s when Bill Lang came to my office and gave me the news Hawkins transferred to ABI office in Fresno Hawkins turns 51 Affiliated Reporting 24 Tools Source Interview notes Hawkins performanc review Interview notes Depo. Philip Hawkins 24:18 Depo. Philip Hawkins 43:18 Depo. Philip Hawkins 56:11-23
  • Preparing Witness Outlines
  • Hawkins - LexisNexis Casemap File Edit Facts Date & Time Mon 12/01/2003 View Insert Records Reports Tools Search Linked People, Documents, etc. Fact Text Source Linked to Issues... Hawkins promoted to Anstar Biotech Industries Interview notes VP of Sales Wed 05/11/2005 Hawkins receives performance review from Advanced Search William Lang. Is rated #1 “Outstanding” Hawkins performance review Tue 07/15/2005 Hawkins makes derogatory remarks about Linda Collins to Karen Thomas Interview notes Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip Hawkins 24:18 Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip Hawkins 43:18 Tue 11/15/2005 Hawkins turns 51 Depo. Philip Hawkins 56:11-23
  • Hawkins - LexisNexis Casemap File Edit Facts Date & Time Mon 12/01/2003 Wed 05/11/2005 Tue 07/15/2005 View Insert Records Reports Tools Search Fact Text Source Search for Links to People, Documents etc. Hawkins promoted to Anstar Biotech Industries VP of Sales Search for receives linked to a: Hawkins Facts performance review from William Lang. Is rated #1 “Outstanding” Person Hawkins makes derogatory remarks about Linda Collins Person to search for: Select theto Karen Thomas Sat 07/30/2005 Fullname Hawkins demoted to sales manager Thu 08/11/2005 Linda Collins Hawkins transferred to ABI office in Fresno Philip Hawkins Tue 11/15/2005 Hawkins turns 51 Interview notes Hawkins performance review Interview notes Depo. Philip Hawkins 24:18 Depo. Philip Hawkins 43:18 Depo. Philip Hawkins 56:11-23
  • Hawkins - LexisNexis Casemap File Edit Facts Date & Time View Insert Records Reports Fact Text Mon 12/01/2003 Hawkins promoted to Anstar Biotech Industries VP of Sales Wed 05/11/2005 Hawkins receives performance review from William Lang. Is rated #1 “Outstanding” Tools Source Interview notes Hawkins performance review Tue 07/15/2005 Hawkins makes derogatory remarks about Linda Collins to Karen Thomas Interview notes Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip Hawkins 24:18 Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip Hawkins 43:18 Tue 11/15/2005 Hawkins turns 51 Depo. Philip Hawkins 56:11-23
  • Preparing Exhibits for Examination
  • Hawkins - LexisNexis Casemap File Edit View Insert Facts Records Reports CopyFact Text Linked PDFs Date & Time Mon 12/01/2003 Spelling Tools F7 Linked Files Batch Process to Anstar Biotech Industries Hawkins promoted VP of Sales Case Tools Bulk Import PDFs Source Interview notes Bates stamp Linked PDFs Wed 05/11/2005 Hawkins receives performance review from William Lang. Is rated #1 “Outstanding” Hawkins performance review Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip Hawkins 24:18 Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip Hawkins 43:18 Tue 11/15/2005 Hawkins turns 51 Depo. Philip Hawkins 56:11-23 Tue 07/15/2005 Hawkins makes derogatory remarks about Linda Collins to Karen Thomas Interview notes Mon 08/21/2006 Hawkins leaves for Spring meeting with other Sales managers Depo. Philip Hawkins 123:11
  • Hawkins - LexisNexis Casemap File Edit Facts Date & Time Mon 12/01/2003 Wed 05/11/2005 Sat 07/30/2005 View Insert Records Reports Tools Batch Processing - Review Linked Files Fact Text Hawkins promoted to Anstar Biotech Industries Batch Processing... VP of Sales Linked files: Hawkins receives performance review from William Lang. Is rated #1 “Outstanding” C://EES_Cases/Hawkins/Contract Hawkins demoted to sales manager C://EES_Cases/Hawkins/Lease_01 Thu 08/11/2005 C://EES_Cases/Hawkins/Lease_04 Hawkins transferred to ABI office in Fresno C://EES_Cases/Hawkins/Email934 Source Interview notes Hawkins performance review Depo. Philip Hawkins 24:18 Depo. Philip Hawkins 43:18 Tue 11/15/2005 Hawkins turns 51 Depo. Philip Hawkins 56:11-23 Tue 07/15/2005 Hawkins makes derogatory remarks about Linda Collins to Karen Thomas Interview notes Mon 08/21/2006 Hawkins leaves for Spring meeting with other Sales managers Depo. Philip Hawkins 123:11 C://EES_Cases/Hawkins/Email1001
  • $700
  • Part 3: Presenting to persuade Framework ‣ What are the key goals? Gathering & Organizing Presenting ‣ Internet & Social Media Limits on gathering ‣ Brain rules ‣ Can technology help us achieve those goals? ‣ How to search on your own ‣ Display tools ‣ Data v. Information ‣ Organizing data ‣ Visual Grammar
  • Inform Organize Arrange Present Story Persuade
  • Brain Rules How can we make it easier for jurors to understand, remember & be engaged? Brain Rules
  • Brain Rules book
  • Boring We don’t pay attention to boring things. We like emotional engagement: fear, sex, pattern matching. These stimuli work best.
  • Repeat Repetition helps us remember. Memories are volatile, and to keep them we need to reinforce them (or have them reinforced)
  • Visuals Vision trumps all the other senses. Your brain wants to see, and it likes to gather information in the form of a story.
  • Multi-sensory The more senses you stimulate the faster the audience understands and remembers.
  • Challenger Last flight: Jan. 28, 1986
  • ‘O’ Ring Problems Flight Date Temp °F Erosion Blow-by Damage Index 1 Apr. 1981 66° 2 Nov. 1981 70° 3 Mar. 1982 69° 0 5 Nov. 1982 68° 0 6 Apr. 1983 67° 0 41-B Feb. 1984 57° 1 4 41-C Apr. 1984 63° 1 2 51-A Nov. 1984 67° 51-C Jan. 1985 53° 51-D Apr. 1985 67° 61-C Jan. 1986 58° 0 1 4 0 3 2 11 0 1 4
  • ‘O’ Ring Problems Flight Date Temp °F Erosion Blow-by Damage Index 2 Nov. 1981 70° 1 3 Mar. 1982 69° 0 5 Nov. 1982 68° 0 6 Apr. 1983 67° 0 51-A Nov. 1984 67° 0 51-D Apr. 1985 67° 0 1 Apr. 1981 66° 0 41-C Apr. 1984 63° 1 2 61-C Jan. 1986 58° 1 4 41-B Feb. 1984 57° 1 4 51-C Jan. 1985 53° 3 4 2 11
  • ‘O’ Ring Problems 15 12 Damage Erosion 9 6 3 0 70° 69° 68° 67° 66° 63° Temp °F 58° 57° 53°
  • $65
  • Spreadsheet a simple weapon
  • John Gotti
  • “ jury requested a chart that showed the criminal backgrounds of seven prosecution witnesses.”
  • Crimes Murder Informants CARDINALE LOFARO X X X Attempted Murder Heroin Possession & Sale X Cocaine Possession & Sale X MALONEY POLISI SENATORE FORONJY X X X X X X X Marijuana Possession & Sale X Gambling Business Armed Robberies CURRO X X X X Loansharking X X X X X X X Kidnapping X X Extortion X X X X X X Assault Possession of Dangerous Weapons X X Pistol Whipping a Priest X Perjury X X Counterfeiting X Bank Robbery X Stolen Financial Documents X X X X Tax Evasion X X X X Bribery X X X Armed Hijacking Burglaries X X X Theft: Auto, Money, Other X X Bail Jumping & Escape X X X X Forgeries Pistol Whipping a Priest X X Insurance Frauds X X X X X Sexual Assault on a Minor X Reckless Endangerment X
  • Documents Typography for Lawyers – Matthew Butterick – Website: www.typographyforlawyers.com – Book: $25 on Amazon – Principles of design for legal documents – How to create a proper caption – Effective letterhead design
  • Summary Framework Gathering & Organizing Presenting ‣ Key Goals ‣ Social Media ‣ Brain rules ‣ Data versus Information ‣ Search yourself ‣ Visual Grammar ‣ Organize case data ‣ Display tools
  • “Unlearn and relearn…” -Alvin Toffler
  • paperlesschase.com/awanola