Trial Presentation Blog : Courtroom Presentation, Litigation Software : Charles Perez : Trial Presentation Blog

OK- First - a short story: Often times I'll go into a law firm and discuss their upcoming cases and the best way that their exhibits should be displayed. Naturally, I'm hoping to leverage the skills of our presentation department together with our litigation assistance and our presentation rental facilities at VR Legal Resources. Typically, if we're brought in from the beginning, we'll design the presentation around my software program of choice "Visionary" since, in my opinion, it encompasses the best features of  CTSummation, Trial Director and Sanction which are all excellent programs in their own right but possess one commonality : a very steep learning curve.

While demonstrating our trial presentation prowess to a large firm here in Orange County I asked if they had ever considered using visual demonstratives other than PowerPoint  to simplify their presentation in court. One of the junior partners quipped "we have a program called Trial Director" and then he kind of trailed off.  "That's a terrific program" I replied, "how do you like it?" Cold silence followed. Finally, the same junior partner said "Well, we've never used it; we bought it and installed it but no one had the time to figure it out".

Moral of my short story: If you aren't using it, it isn't any good!

Last month I stumbled upon a new program called ExhibitView making bold and brash claims that it was "The most powerful presentation software..allows users to present with ease, using multiple integrated technologies,( yada, yada, yada). In my line of work you hear a lot of this so I watched their 2 minute video intro and downloaded a 30 day demo from their website and proceeded to pick it apart and see what all the ranting was about......

(Oh - Full Disclosure - let me add right here that my opinion is based solely on the trial version of the product.. I have not received any compensation for what I'm about to state.)

 

  Simply put: "WOW!"

  You've Gotta Try This!

 

If your firm has ever balked at using a software presentation program my advice is to go download ExhibitView and try it now. Granted, I have the advantage of working with several different programs in our line of work and I'd have to admit that I'm fairly well versed in the different applications they all have to offer - but - this is probably the easiest program I've ever used. Read the info on their website and see all of its impressive capabilities.

"Learning Curve"? This one is FLAT ; if you can work a word processing program and know the basics of "drag and drop" you're home free.

The program downloads all the tools you need to get started and then actually configures your computer to prepare it for your presentation; it really does support multiple integrated technologies - practically ANY document or image type as well as supporting an arsenal of audio and video formats.

The program is one of the most intuitive programs I've ever used - truly "Idiot Friendly" (and I mean that in a nice way) - I can safely say that you will not be overwhelmed with techno-babble, just concise, easy to understand, simple instructions. (Additionally they (ExhibitView) appears to have fast, online tech support however, I didn't have any issues so I didn't test that part out).

I imported a text synchronized video deposition created with another application (Visionary - but, it could just as well been from YesLaw , Trial Director, etc) and it imported seamlessly into the control pane. From there I discovered that I could easily "edit on the fly" the video if needed.

I then imported a variety of documents (PDFs, Excel Spreadsheets, Word Docs) and found that I could easily enlarge any portion of the document, create annotations (again "on the fly"), highlight and then print  them out. The same could be said for JPEGS, GIFS, BMPs or PNGs.

I didn't get the opportunity to see how many documents I could squeeze into a presentation, the most I've accomplished with Visionary is something in the 300,000 range, but I was told that the program could hold as much as a hard drive would allow and I don't see any reason to doubt that claim.

Obviously the other presentation programs all have their places - each has applications which may be similar or unique to a situation and each of them will have their "fans". They all have additional features that you may or may not need and all of the existing programs perform incredibly well - if you use them.

(NOTE: If you're happy and content with your exisitng solution by all means stick to the familiar, every program has its "comfort level" (even PowerPoint!) -but,  if you're technically challenged this is worth a try.)

For those of you who are still contemplating wading into the 21st Century but still reluctant to because of some old horror story you heard about some poor attorneys presentation "melting down" in front of the jury and the panic and woe that followed - GET OVER IT!

This is the program you should at least try. If you can't master ExhibitView  in 30 minutes give me a call so our firm can create your presentation for you!

To my fellow presenters: keep your eye on this program. In fact, go and download a trial copy and let me know what you think - I believe you'll be quite impressed but I'd like to get your thoughts and comparisons in the next few weeks and maybe revisit the topic.

• Email This
• Print
• Comments
• Trackbacks

We perform a variety of legally oriented services her at VR Legal Resources; everything from scanning and Bates Stamping exhibits to preparing and presenting exhibits and demonstratives in court, and, from time to time, we're called upon to videotape a deposition.

We're fortunate to have professional relationships with many of the top law firms in the Los Angeles / Orange County area and a few of these firms handle some of the more popular cases you hear about on television or read about on celebrity web sites.

Being "ringside" during these sometimes intense encounters and watching the verbal jousting that takes place is what keeps me passionate about my career in litigation services, that, and the fact that I'm entrusted with "behind the scenes" information that ethics dictate that I keep confidential.

A few weeks ago I had the good fortune to videotape a young, well known celebrity.

During my initial introduction I always make it clear that "I don't have a dog in this fight" and that I'm simply there to record  the event and I try to keep my interaction as friendly and professional as possible.

This particular actor smiled, shook my extended hand and in a joking voice asked "This isn't going to appear on TMZ or YouTube is it?" to which I replied "Of course not!" and then I adjusted his microphone and we got about the business at hand - the video taping of his day-long deposition.

 I'm a "Certified Legal Video Specialist" which basically means I'm certified in the proper use of taping such goings on and adhere to a strict code of ethics which dictates the handling of sensitive issues, professionalism, etc,etc.

To date there are 76 NCRA "Standards" (National Court Reporters Association - they oversee us videographers) that I've agreed to abide by.

NCRA Standard # 73 states "The videographer shall preserve the confidentiality of the deposition and take whatever steps necessary to ensure this confidentiality".

Seems pretty straightforward. We don't release our videotapes willy-nilly to just anyone, nor, have we ever been approached to do so and we've never really concerned ourselves with the matter.

Well - right on cue I receive an offer from the Merrill Corporation to download this White Paper entitled : "Is That Me On YouTube? Ground Rules for Access, Use and Sharing of Digital Depositions"

This an eleven page, highly referenced,  thoughtfully produced guide authored and compiled by Bruce Wessel and Wayne A. Hill, Jr. designed for any law firm that hasn't established a "Best Practices"  policy for the proper  handling of depositions. And, apparently for good reason.

Imagine if you're this fellow and you just stumbled onto your video deposition that was taken 2002:

 "Can they do this?" you ask... obviously "They" can.. and "They" did.  Probably legally  too - depending on.... well.......

The White Paper addresses a variety of situations that would allow a deposition (transcript) or a video deposition to be accessed by anyone (yep) based upon local and Federal statutes and is quite the eye-opener for those of us in the "trenches".

Topics covered in the paper include:

• Who owns deposition transcripts and video?
• Who has the right to access them?
• What laws govern their use?
• Do protective orders work to protect the witness?

Additionally, let's say the matter never goes to trial but the official transcript is filed with the court, what then?

Download the White Paper, read it thoroughly and and start re-thinking your firms Best Practice procedures for handling, storing and sharing your depositions.

Now, for my part I focused on California law, specifically CCP 2025.570 which is entitled: Furnishing of copies of transcript or recording by deposition officer; Charge; Notice to parties of right to seek protective or; Applicability of section

(a) Notwithstanding subdivision (b) of Section 2025.320, unless the court issues an order to the contrary, a copy of the transcript of the deposition testimony made by,  at the direction of, any party, or an audio or video recording of the deposition testimony, if still in the possession of the deposition officer, shall be made available by the deposition officer to any person requesting a copy, on payment of a reasonable charge  set by the deposition officer.

(b) If a copy is requested from the deposition officer, the deposition officer shall mail a notice to all parties attending the deposition and to the deponent at the deponent's last known address advising them of all of the following

1. The copy is being sought
2. The name of the person requesting the copy
3. The right to seek a protective order under Section 2025.420

(c) If a protective order is not served on the deposition officer within 30 days of mailing of the notice, the deposition officer shall make the copy available to the person requesting the copy.

So, in hindsight, under the right conditions the young celebrity's video deposition could have made it onto TMZ or YouTube.

So now I know and, so do you.

 

 

• Email This
• Print
• Comments (1)
• Trackbacks

Well.... this is a bit awkward...

Anyone who follows my sporadic missives on this site is aware that I don't follow a "plan" that looks anywhere near to being a road map for blogging success. That being said, I am pleased to state that this blog has contributed to the growth of our litigation support services as well as the various forensic services we offer.

However.. I still don't follow "a plan", and, consequently the blog topics are very often "hit and miss" as far as being published in a timely manner.

Well, that might be about to change. (Time will tell!)

• At the beginning of last month I was approached (along with virtually every other legal blogger in the universe) by Ms. Paula Black of Paula Black and Associates who was about to promote her new marketing guide for law firms entitled "The Little Black Book, a Lawyer's Guide to Creating a Marketing Habit in 21 Days".

I graciously accepted my free review copy and promised to make an effort to write a review of its contents by the June 16th launch date.. which was.. ummm.. about three weeks ago. (Note: I said "make an effort".., oh well.)

The book launched without any support from yours truly and immediately (within about three days or so) shot up to #5 on Amazon's best seller list.

I received a personal "Thank You" in the mail (together with a spiffy little gift) from Paula thanking me for helping make the launch a success which only added to my feeling unworthy and reinforcing my lacking any sense of direction. Along with the gift was what I would describe as an impressive "Branding, Marketing and Promotional" piece for Paula and her firm. If you know anything about my personal background you know that my first fifteen or so professional years were spent working for and around public relations firms and advertising agencies so I was pleasantly surprised at the professional presentation (and impression) that Ms. Black made with the follow-up to me.

Long story short.. I was (literally) shamed into reading her material and am very glad that her "unintentional prompt" (or shove) made me allocate time to read its contents cover to cover.

This excellent guide lays out a specific, easy to follow, no excuses permitted, blueprint for the solo practitioner and the multi-partner law firm alike.

So impressed am I by the ease of implementing the suggestions that my personal plan is to utilize the points within our own litigation support sales team since the message can be equally (and successfully) applied to other legally oriented services besides the intended audience.

A partial list of the info includes topics on:

• How to develop your marketing habit in just 21 Days.
• The value of nurturing client relationships with small gestures.
• Secrets to building a referral base.
• How to set marketing goals you can realistically achieve.
• Where you need to focus your marketing efforts to get the most impact.
• How to make marketing sense of clubs and organizations.
• The importance of creating an individual marketing plan.
• Pearls of Wisdom from veteran attorneys.
• The best way to create and package your marketing materials.
• Rules for turning your attorney bio into a marketing tool.
• Smart tips for marketing within your firm.
• Tips to evaluate and improve your client service.

It's all great stuff and worth a few minutes of your time to explore, especially if you don't have enough time in your day!

So, I'm personally putting the plan into effect and will writing with a lot more regularity in the future! (Or so my current thought process goes - hopefully I'll be back before the 21 days I'm allowing to create my new habits! ).

See you soon(er)!

 

• Email This
• Print
• Comments
• Trackbacks

I recently had the pleasure of putting a new product called "PaperShow" through its paces to see if it would be a good fit in the trial presentation/court room environment. Papershow is similar in concept to the SMART Airliner wireless slate and eInstruction tablets, but is much less expensive at just $199 for the starter kit.

After trying a variety of configurations I'm more than happy to give it an A+ as far as a presentation tool and I would strongly suggest that anyone seriously involved in court room presentations add this valuable tool to their inventory.

The product is so simple to set up that anyone remotely familiar with presentations should be able to get it up and running withing 5 minutes; those who haven't a clue about presentations will take about 6 minutes - yes, it's that easy!

The "device" itself consists of a USB drive and a special pen and (special) paper that is unique to the system. When you plug in the Bluetooth USB dongle the setup software launches and downloads the latest version of the Papershow software application to the Bluetooth USB dongle which also serves as a Flash drive.  The pen is a matching Bluetooth transmitter and the paper has a pattern that allows everything written,drawn, or outlined to be replicated on the computer screen.

Using just the  pen a  you can draw in different colors, make shapes, erase, and undo by writing on Canson's (the PaperShow maker) specially made "invisible dot" paper (if this sounds familiar, it's the same Anoto technology incorporated into products such as the Logitech io Personal Digital Pen and the newer LiveScribe Pulse Smartpen).

On the right side panel of the A4 interactive paper you have controls to change the width of the pen stroke, change the colors and draw basic lines, arrows, circles and squares. You can also fill the circles and squares with a color and highlight text with the highlighting tool.

You can even erase your writing and objects on the computer with the eraser tool.

You can easily bring up presentations and use the Papershow to make real-time modifications or draw pictures like that UPS Whiteboard commercial guy. To change color and brush size, and to access other functions, you just tap icons in the right margin of the paper.

All the programming is contained in the USB drive so you can carry the program and even saved images with you from computer to computer.

(The current solution only runs on Windows at this time.)

With Papershow, you are physically writing with ink on paper, rather than an electronic tablet, and this is then projected on the screen which creates more of a “magic” effect.

But Wait! There's More......

With the PaperShow program you can also import images or PowerPoint slides and then annotate the slides or diagrams or photos "on the fly" and save them once you've made your notes.

This is accomplished by printing out the images/slides onto special 8 1/2 x 11 inch paper that has a corresponding grid printed on it; your image is printed onto the grid and you now have a guide to work with as make diagrams on it which is replicated on the computer screen (or Plasma screen in the court room).

After annotating a presentation or conducting a whiteboard session, Papershow allows you to save all of the notes as a PDF, and then print or e-mail them to anyone you would like.

Again, the cost is an affordable $199.00 (USD) and the "special paper" needed to make the process work is equally affordable at$19.98 for 200 sheets of printer paper, $19.98 for large, conference-room sized brainstorming pad (size A3) and $12.98 for small brainstorming pad (size A4) .

This is a "Must Have" in your presentation arsenal!

 

• Email This
• Print
• Comments (1)
• Trackbacks

We're a busy little crew here at Video Resources (as evidenced by my long overdue blog-sorry!)

When we're not saving lives and reputations we make it a practice to keep up on as many subjects, programs or products which will have a positive impact on our services.

With the goal of being "all things to all clients" I undertook a three day "Power User" course which explored the complexity and versatility of CT Summation, probably the best litigation support program in the known legal universe (for those who know how to tap into its incredible power).

Although CT summation isn't exactly the first choice to use for trial presentation (it lacks many of the robust features of say, Sanction or Visionary) it is probably the best known litigation program in the legal community. Many of our clients rely heavily on CT Summation and it's imperative in "our world" to know how to adapt, capture and present data, regardless of its native format.

So, with my time at a premium, I jumped at the chance to participate in a three day course taught by Henry Alonso , owner of Alonso Consulting & Training. Henry has over 16 years of hands-on experience working with CT Summation and has several years under his belt providing litigation support to a variety of top level law firms - it was a no-brainer of a decision to learn from Henry and well worth the investment.

The course was a non-stop, hands on adventure that allowed me to perform, in a real-time, legal environment; Henry taught us tricks and shortcuts that even many seasoned users of the program aren't aware of ; after 24 hours of immersion into every aspect of the program I and my fellow "Boot Camp Power Users" came away with a solid understanding of just how powerful the program is. (We got a really cool certificate to boot!)

Two weeks later I discovered just how useful this training would be..... 

Most of us who work in this techno-arena don't really blink twice when a new computer appears on the scene, or a new program is intruduced into system; it's just a given - it's what we do.

We've been working on an extended lawsuit for the past two years; we've gone through a couple of law firms along the way so it was no surprise to hear that a law firm we were expecting to work with on the matter suddenly (to us anyway) resigned the case leaving their client flailing about to get new representation.

Now - this is a unique situation for us. We're actually presenting the exhibits for BOTH sides (it was their idea) since we had the equipment and there are something in the neighborhood of 50,000 pages of exhibits that we're presenting using the Visionary program. So, here we are, a few days from trial (no continuance) and no documents to present.

The new counsel came into the scene woefully unprepared. No, that's being too kind; they came into this mess like lambs to the slaughter; they're an "old school" lawfirm - they didn't have much use for these new fangled computers and such. They were in WAY over their heads  (that's not an exagerration - I've seen the "deer in the headlights" look - this was the deers carcass, it didn't know it had already been hit).

Well - this tale has a happy ending, sort of... (we're still in trial as I type this and probably will still be through 2009). The former counsel supplied the new firm with a brand spanking new laptop with all the exhibits they were planning on using in their presentation- all contained in a program called..drumroll please.. CT Summation!

I quickly donned my CT Summation Power User cape and rubbed my secret CT Summation Power User decoder ring and, summoning up all my willing brain cells was able to ascertain that there were 500 exhibits totalling 36,000 pages in the program. We converted the pages to work with our Visionary program in record time (well, in enough time to show up at trial ready to go!) and were hailed as miracle workers. Okay.. maybe that's an exagerration; but, everyone WAS REAL HAPPY.

So -long story short - the payoff from the course was having the knowledge to not only know where the files/exhibits were stored in the program but also how to safely extricate them all with meta tags and doc ids, etc intact.

Just another day performing the expected miracle for our clients!

(And another job well-billed!)

 

• Email This
• Print
• Comments
• Trackbacks

The title say it all !

Well, actually the full title is "The Lawyer's Guide To Collaboration Tools and Technologies, Smart Ways To Work Together" by Dennis Kennedy and Tom Mighell, but, you get the picture, right?

Generally I try not ot wander too much away from trial presentation tips but, in this case I've got to comment about a much ballyhooed book that covers almost every aspect of communicating within a lawfirm not only with your peers but with your (all important) vendors as well.

This book is an excellent A to Z treatment of something we all take for granted: Communication with one another. 

The authors take a no-nonsense approach to the obvious (and not so obvious) and guide the reader through the mechanics of effectively coordinating not only the workflow in a firm but efficient methods of coordinating that workflow.

From effectively and (more importantly) efficiently using email,to exploring the use of "Wicki's", Blogs and RSS Feeds this is the ideal guidebook for those serious about productivity and workflow communication within the firm and with the firms' (outsourced) vendors.

I feel that the firm that takes the time to invest in this guide and actually take the methods to heart (and actually implement them) will have the advantage of a coherent presentation based on solid information management and execution. Which, in turn, makes the work of your vendors that much easier.

While the "Guide" is loaded with prime examples of effective communication techniques you'll probably only need to adopt a few (depending upon what you currently have in place) to see an overall improvement in your product.

 Do yourself a BIG favor and buy the book; it's one of the better investments you'll make for your firm.

 

 

• Email This
• Print
• Comments
• Trackbacks

Due to the nature of our litigation support servces here at Video Resources I've had the opportunity to test out a variety of courtroom presentation software; The two most popular (in constant use) being Adobe Acrobat Professional and Microsoft's PowerPoint.

These two excellent programs embody what I consider the "base" technology for what has developed into today's advanced presentation software like CT Summation, Visionary, Trial Director and Trial Max. The latter named programs have taken the "basics" (again, my interpretation) of these two "core" programs expanding upon their features and delivering the rock 'em, sock 'em, boffo presentations we've all come to love and, (for our clients at least) expect.

As fantastic as each of these advanced presentation programs are they come with a learning curve and, in a couple of cases, a hefty price tag.

So - let's look at the an alternative - something for those firms who don't need to rip through 16,000+ exhibits, photos and videos. (You know who you are).

What about the smaller case that has a few documents, some photos and maybe even a video deposition coupled with a budget that prohibits outsourcing at any cost?  

If you're a small firm (or even a paralegal in a moderate firm) I'm sure you've been exposed to and made use of PowerPoint at some time or another. If you've had the opportuniuty to study any of my previous posts you'll also note that in the wrong hands I firmly beleive that the mis-use (or over use) of elements of this program can be a real crowd snoozer.

So - what to do? Here's a terrific, affordable alternative for novice and PowerPoint sage alike: PowerPoint For Court created by award winning graphic design artist Herb Rubinstein.

 

At just $149.00 PowerPoint for Court isn't a lightweight entry by any means. In Herb Rubinsstein's own words: "Just about everyone is familiar with PowerPoint and it is eminently capable of displaying absolutely anything. So why go out and look for Legal Presentation programs that can cost a lot of money and take hours of valuable time to learn when you already have the perfect software package?

The answer is Don’t!

Using PowerPoint for Court and the software and material found on the Resource CD, you will be on the cutting edge of Courtroom Presentation Technology and will have the winning edge over the opposing side."

Personally, I think this would be $149.00 well spent for any law firm. The whole package comes on one CD and is chock full of useful apps as well as extremely useful advice not only on PowerPoint but also on audio recording, embedding video and courtroom technique.

Herb claims his motivation for creating the program was due to his involvement working with law firms who just didn't grasp the mechanics of PowerPoint or else lacked any expertise (or motivation) in exploiting its true potential.

Check out his web site: www.PowerPointForCourt.com - all the info is there and I'm beginning to sound like an infomercial for the product so I'll let you read up on the particulars for yourself. This is a "must have" for every firm (or at least the poor paralegal tasked with creating the court room presentation).

One final point: I haven't been compensated in any way for this; I enjoy using programs that simplify  the argument with clarity and accuracy and anything that will make your presentation a success is my goal!

• Email This
• Print
• Comments (1)
• Trackbacks

Huh?

It's called "Pecha Kucha" (pronounced peh-chak-cha) . I discovered this globally-accepted presentation phenomenon in a terrific book entitled "PresentationZen - Simple Ideas on Presentation Design and Delivery" by Garr Reynolds.

In the past I've railed on the "Death by Powerpoint" that has unfortunately become the norm in almost all Powerpoint presentations from the classroom to the boardroom to the courtroom.

Pecha Kucha is a simple and challenging practice that I believe will hone your presentation skills and make for a better presentation (and presenter).

In the August 2007 issue of WIRED Magazine this "process" was simplified in an article entitled "Get to the Powerpoint in 20 Slides Then Sit the Hell Down". The concept is almost too simple (which is probably why you've never heard of it):

"pecha-kucha (Japanese for "chatter"), applies a simple set of rules to presentations: exactly 20 slides displayed for 20 seconds each. That's it. Say what you need to say in six minutes and 40 seconds of exquisitely matched words and images and then sit the hell down. The result, in the hands of masters of the form, combines business meeting and poetry slam to transform corporate cliché into surprisingly compelling beat-the-clock performance art. "

So what's this got to do with the courtroom? - Isn't it obvious? Read On!

Honing your message for your jury is probably the biggest challenge any attorney faces today.

If you feel you're pretty proficient in the use of Powerpoint in the court - you know - you're the "go to guy" (or gal) to put the "slides" together - then this can be an ultimate challenge to your talents.

Me, I can't tell a simple story - seriously. (Don't look so surprised!)

Anyone who works with me or around me will vouch for that statement. My stories or explanations go into deep detail; I'm a lot like listening to a Charles Dickens novel - you know, rich in minutae (or manure... depending on the audience).

I'll never be accused as being at a loss for words, but, I've been bested many a time by an attorney who makes me look like a glib simpleton by comparison - I've been awestruck by the speed at which they've been able to get the eyes of jurors to "glaze over" within seconds of launching into their presentation. That takes practice. It must. Somewhere there has to be an unwritten law that dictates that some attorneys (unintentionally) inflict "Brain Freeze" on a jury in the course of an argument.

Powerpoint in the wrong hands is a lethal weapon - it can bore your brains out of your audience and confuse or lose your message. I've seen it - you've seen it. Heck, it's pretty hard NOT to see it.

Try your presentation out on "Fresh Eyes".

Why not work, creatively - either with others or within your organization - to eliminate this menace? Why continue to use the same tired formula when a fresher, simpler approach may be within reach?

Here's an idea:

The creative forces behind the Pecha Kucha concept spawned Pecha Kucha Night in cities around the world.

Their web site,PechuKucha.org,  offers this explanation for the monthly event:

Pecha Kucha Night, devised by Astrid Klein and Mark Dytham (Klein Dytham architecture), was conceived in 2003 as a place for young designers to meet, network, and show their work in public.

But as we all know, give a mike to a designer (especially an architect) and you’ll be trapped for hours. The key to Pecha Kucha Night is its patented system for avoiding this fate. Each presenter is allowed 20 images, each shown for 20 seconds each – giving 6 minutes 40 seconds of fame before the next presenter is up. This keeps presentations concise, the interest level up, and gives more people the chance to show.

What? No Pecha Kucha Night in your area? 

Why let that stop you from utilizing the simple concept? Hone your skills - streamline your argument - practice with some abstract ideas - practice with your current case.

At the risk of beating an old cliche further into the ground:"Think outside the (blue) box".

Imagine creating a persuasive argument that is easily followed and understood under seven minutes.

What? You can't? Neither can I.   But it's worth a try, isn't it?  What have you got to lose?

Your Case?

• Email This
• Print
• Comments (1)
• Trackbacks

Albert Einstein stated a principle in 1933 which is often paraphrased as "Theories should be as simple as possible, but no simpler." Occam's Razor is a similar principle of logic that can be summed up as "All other things being equal, the simplest solution is the best." Then there's the principle more people are probably familiar with: the KISS principle ("Keep It Simple, Stupid").

A better philosophy is, "If it's simple and works well, don't complicate it."

The key here is that it has to "work well."

I've been kept pretty busy the past few months (since October of last year!) with a continuous series of court presentations in and around Southern California, some  civil matters, some criminal cases and yet another in Federal Court and haven't given this blog the proper attention it needs.

The overriding message you'll be hearing me preach about for the next several months is how we accomplished success after success by keeping the message simple and to the point no matter how overwhelming the exhibit load.

In the next few "blogs" I'll be playing "catch up" and relating my first hand experiences with the technology and techniques that we've used in each of these presentations as well as  insight as to what worked well and how we "uncomplicated the complicated".

Our performance in court is always a continuing "work in progress" since every case presents its own set of challenges; we've had a 90 day run that tested our mettle in many situations and I've lived to tell about it - stay tuned; I'll try to not disappoint!

• Email This
• Print
• Comments
• Trackbacks

I recently had the opportunity to attend a CLVS (Certified Legal Video Specialists) seminar in St. Louis. This is an outstanding group of video professionals who are certified in the correct methodology of preserving a deposition into a video format.

If your firm uses depositions for later presentation in court and you're not utilizing video you're missing a powerful tool that can provide a compelling and psychological advantage to your argument.
If you do use video I'd strongly suggest that you use a certified  video specialist; they follow strict guidelines and are associated with the NCRA (National Court Reporters Association).

In the past few weeks there have been news reports on the sexual harassment lawsuit involving New York Knicks President and Coach Isiah Thomas.

The deposition of Thomas was videotaped and has been replayed in court (as well as the media) several times.
When is the last time you recall a deposition being "READ" over and over on a news program?
For impact on today's jury you need visuals.
Compare the dry, written transcript of his deposition with the visual dynamics of him actually speaking the words on camera.

I think you'll agree with the old saying that "a picture's worth a thousand words"; in this case the picture AND the transcript is a priceless combination - about 12 million dollars worth.

So - why aren't you utilizing this as a  tool in your legal arsenal?
It can't be cost - a Certified Videographer's fees aren't that expensive, so it must be fear of the unknown - and of perceived courtroom catastrophes.
With the right presentation skills and current software you shouldn't be adverse to using new technology.

In the next few blogs I'll review a few of the solutions that can help you overcome any reluctance you might have regarding using 21st century solutions to win your cases.

This week I'll start with YESLAW... So - what is YesLaw?

To quote from their website: " YesVideo provides a service for converting deposition videotapes onto CD, synchronizing them with the transcript, and delivering them with YesLaw software. This software allows attorneys to easily review deposition footage, find key segments, then create and export clips for use in trial presentation programs like Sanction®. Rather than focus on technology, the focus is on making law firms more successful in their use of video."

OK - well, that pretty much sums it up. I could go on for another few paragraphs but I'd be saying essentially, the same thing.

Used on a PC the program allows the viewer to search for pertinent testimony, locate the corresponding video and audio and then save it into a variety of existing software programs, like Sanction, Livenote, and, of course,  Powerpoint.


In my opinion this is a great way to bring video into your firm; it's not rocket science and they've created a platform that is easily understood by almost everyone. The YesLaw viewer doesn't take any programming skills on the part of your staff - if they can load a CD they can load a synchronized text video deposition.

How do you get your video into the YesLaw format ?
SIMPLE - almost all Certified Legal  Video Specialists have access to the service, just specify it when you set up your next deposition.
If you already have the video and the text in a file format you can go to the YesLaw website and locate an out fit (like Video Resources, Inc.) who will handle the conversion for you.

The conversion fee isn't expensive at all and the overall savings to your firm will outweigh the investment.

• Email This
• Print
• Comments (2)
• Trackbacks

A quick entry for you kind readers this week.. based on an all too true and all too common fear of technology in the courtroom.

Not long ago we had a client ask us to produce a DVD for a court presentation of an expert witness' deposition; a "No-Brainer" around here at Video Resources, but, this was a new, unexplored frontier for the client. We had been given the orignial taped depo on a Monday (it had been taken on the previous Friday) and we were asked to redact a series of comments that the Defense had objected to prior to viewing by the jury on the following day, Tuesday . Again - this is a "No-Brainer" over here but was viewed as no less than "Black Magic" by our client.

The following morning the client took possession of her precious DVD and headed off to a day of battle at the Central Courthouse here in Orange County, CA. We had taken the time to "QC" the DVD (Quality Control review) before delivery and it had passed muster. 

All was good. The Universe was in harmony - life was "in balance".

This was going to be a "first" for our attorney - she wanted to make sure everything ran flawlessly and I had assured her that all she had to do was pop this little disk into the court's DVD player and push the "ON' button - a "No Brainer" indeed.

We got the panicked call just before the jury was about to take a quick break.

SOMETHING WAS WRONG WITH THE DVD!     It was playing in black and white rather than billiant color!  Oh my God! Oh My God!.. or words to that effect.

Eric, my steadfast sidekick and fellow techno-geek,  took the call. I was out tending to something completely unrelated (probably having lunch or something.. hard to tell), and when I returned to the office I was confronted by Eric who calmly announced: "We're Needed.... NOW".

He went on to explain in a very matter-of-fact tone to me of the plight and panic of our floundering attorney. He had assured her we would be right over and for her NOT TO PANIC, "everything would be just fine", probably in the same tone of voice of many an airline pilot who just had all the red warning lights flash on in the cockpit. Reassuring, yet....

We quickly put together a back-up DVD system and amplified sound system - a little overkill,yes, but, hey, it's part of the job  (we rent EVERYTHING you could possibly need for a presentation of ANY size) and we included, for good measure, an array of cables and plugs in the event that the culprit may just be a faulty wire. I'm sure with a little more time we could have crammed a 50 inch plasma screen into the mix.

Remember the nerds in grade school and high school who ran the projectors for the class events? Well, some of them grow up and become "Techies" who go about setting up all manner of presentation equipment at courthouses.  That's not true. Fact is, ALL of them grow up to be "Techies" of one sort or another.

Maybe "Grow up" is too strong a term. "Evolve" sounds better, doesn't it? - let's use that.

But I digress... Anyway, just like in school days past, we're the bespeckled, albeit balding, "evolved" nerds that rush to the rescue when all things technical go up in smoke. We'd wear capes if we thought we could get away with it.

Eric and I arrived at the courthouse in record time and, had it not been for the Deputy Sheriff's taking an interest in our electronics we probably would have made to the courtroom about 15 minutes sooner than we did.  FYI: Sheriff deputies are "closet nerds" - this is a scientific fact. Show them a gadget, especially if you're in a hurry, and they'll insist on knowing:

• a)  what it is,
• b)  how do you use it, and
• c)  where can they get one - cheap?

We made it to the Ninth floor of the Santa Ana Courthouse and eventually found the right courtroom (our attorney neglected to give us the right room number so I was popping my head into a variety of those little observation windows attempting to recognize the back of our attorney's head without drawing undo attention from within the courtroom).

The bailiff spotted me first. He pushed through the double doors of the courtroom, preventing me from signaling our attorney and he escorted me back into the hall. He explained that he could bring the equipment into the hall where we could perform our Black Arts and get the faulty DVD to play correctly.

Problem was... alas, the DVD was missing from the player. (A major obstacle, not uncommon when everything goes awry).

Our attorney came out and announced that the DVD (for whatever reason) was left on the Plaintiff's table - smack dab in front of the jury - and someone needed to quietly go in and retreive it. We unanimously nominated the bailiff who rose to the occasion and disappeared into the courtroom trying to look as unobtrusive as a six foot two bailiff possibly could.

Meanwhile, we did what we nerds do best, we fiddled with every button on the machine that we could. All five of them.

About 15 seconds into the exercise Eric discovered that a cable had been connected to the wrong connector on the back of the DVD player. With a slightly audible chuckle he plugged the cable into the correct receptacle and I gave him an approving pat on the head - he usually gets a cookie - but, we were in public. The cookie would have to wait.  Eric frowned.

We inserted the newly recovered DVD, flipped a switch and basked in the warm glow of a color image!  Mission accomplished! Another video crisis averted! Life was once again GOOD! We threw our imaginary capes over our shoulders and prepared to pick up the 20 or so tools that fell out of our toolbelts and were scattered about the floor.  Eric found a pocket protector that he was sure he had lost. I found a copper penny stuck to some gum on the floor.  It was a good day to be alive!

Needless to say, the bailiff was humbled. You see, it was he, the closet nerd, who plugged the cable into the incorrect connector. Our DVD was fine, after all, because it was a "No-Brainer" remember?  Eric gave the bailiff a quick lesson on the nomenclature of the courtroom DVD player, carefully explaining all four sockets to him and their proper function. He included a little crib sheet for the deputy to refer to as well. The bailiff was grateful and apologized profusely for having us rush to the courthouse only to switch a little, itty-bitty cable into the correct socket.  Then he asked if we knew where he could get a good DVD player - cheap.

The look of relief on our attorneys face was priceless! (Something we live for!) The day was saved, her reputation was intact, and everything was fine - just as Eric had promised! (As if there were ever any doubt of the outcome!)

Now, my point here is to show you that sometimes there is an extremely painfully simple explanation for things going awry, especially if you're out of your element. You are attorneys, or paralegals, and your "focus"  once in the courtroom is elsewhere (as it should be), but, folks, much of this is not "Rocket Science". If you can master a Blackberry (or an iPhone) chances are you can handle the "No-Brainers" as well.

When the stuff hits the fan don't panic..if you're using a professional team to create your presentation chances are that all of the big, potential problems have been solved. Take a few deep breathes, stand back and assess the situation; if you're uncomfortable in a high tech environment spend a few bucks to ensure a successful, memorable court presentation. That's why they created nerds - to make you look good!

Don't you owe that to your client?

• Email This
• Print
• Comments (1)
• Trackbacks