Litigation Support

Took a little personal time off from blogging . . . saw "Star Trek" which I happily rate a six on a five star scale. Wore my Enterprise earrings, of course.

Back to Earth and the subject at hand. We are in the courtroom a lot, and have been fascinated to watch the evolution of technology in trials. The pace of adoption has been faster in the federal courts, but Fairfax courts here in Virginia are really leading the way in our state.

Along with members of the Fairfax Bar Association Technology Committee, John, Mike and I have been serving as faculty for a series of CLE sessions called: "Technology in Fairfax Courtrooms: Come Kick Our Tires." This has been a very popular CLE, limited to 10 attendees so that everyone will get hands-on experience with the technology.

As the lawyers play with the technology, some classic tips have emerged that I thought I would share:

1. Make sure the microphone at the counsel table is turned off if you want to use the court phone to have a private conversation with a secluded witness.

2. If you want the judge to preview evidence before showing it to opposing counsel, make sure opposing counsel has turned his/her monitor off.

3. Be wary of the "auto-publish" button from the bench, which publishes everything to all monitors, including the jury box and the gallery. They can be useful and speed things along, but you have to keep in mind that auto-publishing is turned on and different than the default operation.

4. If you're trying to do everything electronically, make sure you keep in mind the requirements of the appellate court, should an appeal be necessary. Some appellate courts still require paper.

5. If you're going to use electronic evidence, you're well-advised to share it with opposing counsel. If there's to be a fight over getting it in, judges will generally prefer that you set a hearing prior to trial to argue the matter.

6. All judges are not created equal. What one judge allows, another may not. Some judges are technophonic. It is best to advise the judge of what you plan to use and secure consent. Don't forget to have courthouse security alerted. Those folks are woefully short in the humor department.

7. Prepare for all technology to fail and to proceed in paper.

8. Have a backup of everything - including a backup laptop.

9. If you're using a Mac, bring your video adapters.

10. Don't let the focus be on the technology. You're the advocate. Let the technology assist you without taking center stage.

11. Most judges seem to think a good PowerPoint (or other presentation software) is most valuable when used in conjunction with an operning statement.

12. Don't "do it yourself" unless you're skilled with technology. If things go south and you're seen as fumbling with the technology, a jury is likely to think you're just as inept as an attorney.

If you have the chance to do hands-on sessions where you live, by all means give it a try. And don't be alarmed when you hear yourself uttering "whoops" multiple times. You've got lots of company. . .

E-mail: snelson@senseient.com           Phone: 703-359-0700

www.senseient.com

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