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, get references, and compare the tech being used to the vendor’s competitors.
Years ago, I was involved in a two-week trial just when trial presentation software had started to take off. Both my case team and opposing counsel were still using document cameras as a crutch. We both retained a vendor to provide us with our own ELMO and projector. Unfortunately, the vendor our team hired provided us with outdated tech. The difference between our opponent’s presentation and ours using our respective equipment was glaring. Our images were grainy, dark, and just anemic by comparison. By the end of the second day, we made an arrangement to split costs with opposing counsel and shared their equipment. Don’t be fooled by fancy sales pitches and slick advertising. Do the legwork and make sure you are getting the best equipment and software to assist with presenting your client’s case.
On the law firm side of things, it remains imperative for the litigation support department to be familiar with new technologies and trends. Even if trial presentation remains something that is outsourced, case teams often rely on Lit Support for advice on whom and what to use. If Lit Support is involved in trial presentation work, then the correct budgetary allotments need to be allocated to ensure the firm is not behind the proverbial eight ball. Many practices that settle most of their cases often fall victim to the trial technology lifecycle. When making it to the big stage, there is nothing worse than snickering jurors because the tech is outdated, malfunctioning, or inoperable. The bottom line is stay updated.