The 13th juror

The use of trial technology has seen exponential growth over the past few years. Social media and the constant sharing of ideas certainly have assisted in closing gaps that existed in the past. It is indeed rare to find the best in breed using last year’s tech in a high-stakes trial. However, it remains something litigators should be considering when preparing for trial. Certainly, some dated technology is still useful, but it is always wise to continue investigating proven and industry-accepted current tech. Often, budget constraints, busy schedules, or just plain ignorance of current tech are the culprits for many case teams. With that foundation in mind, many smaller firms turn to a vendor. In theory, in order for the vendor to remain competitive, they must monitor the technology lifecycle very closely. Unfortunately, that is not always the case when retaining a vendor. Very often, what is being paid for is indeed dated or obsolete technology. Therefore, it is wise to ask questions,...

Over the years, I have been both entertained and yawned to death by various opening statements. I have always thought the opening really sets the tempo for the rest of the case. Far too often, they are exercises in complete boredom or just thirty minutes of chaos. There is an overused adage about first impressions that rings true when facing twelve decision makers. Below, I have compiled some tips that I believe are helpful for both the veteran litigator and the greenhorn.   Opening Tips Keep the cue cards and notes to a minimum. If you have to glance at your notes occasionally to make sure nothing important is glossed over, that is fine. However, holding your notes and reading from them makes you look like a newbie and unprepared. Never make evidence promises to the jury during your opening that you cannot deliver on. Don’t think they will remember? Is that really a chance you are willing to take on your client’s behalf? They will remember, and the credibility of your case w...

I finally had an opportunity to sit down and blog! Over the holiday break, I tried very hard to unplug for a few days, and it did me a world of good. During that time, I thought back to the evolution of technology I have used in the courtroom over the past fifteen years. It seems like just yesterday I was lugging a desktop tower and full sized computer monitor to the courtroom. I recall very clearly the loud and obnoxious sound the fan made when I was trying to playback a video file so big it needed its own zip code. The USB flash drive on my current keychain has more storage space than that old desktop! As fun as recalling the war stories of old tech may be, what the future potentially holds is much more interesting. Our jury pool is very quickly changing with the addition of younger people and the exit of technology curmudgeons.  Our new jurors are addicted to social media, smart phones, and invigorated by technology which is interactive. Appealing to these jurors will soo...