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...