Trials

As you know, in this column I examine how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. Hopefully, my columns will encourage and help other lawyers to do the same.

In today’s column you will meet Mitch Jackson, a California personal injury attorney, and will learn how he uses the wearable technology Google Glass in his law firm. Mitch founded his law firm, Jackson & Wilson, Inc., with his wife in 1988. Since then they’ve dedicated their practice to representing victims of personal injury and wrongful death.

It’s entirely possible that you’ve already heard of Mitch. Whether on Twitter, LinkedInFacebook, or YouTube, he has an incredibly strong social media presence. Most recently, part of his online focus has been on his use of Google Glass in his law practice. So of course he immediately came to mind when I conceived of the idea for the column. I knew I had to reach out to Mitch and explore how he uses Google Glass in his practice — and whether the technology is actually useful or whether it’s too nascent to be particularly helpful for lawyers.

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The first question people usually ask me when they find out I am a lawyer is: “What kind of lawyer are you?” My response is usually: “I am a story teller.” A good deal of my practice involves helping lawyers tell stories, because no juror ever said, “Well… I’m not really sure that I understand the plaintiff’s point of view completely. Let’s give him $10 million.” I usually advocate for the cyborg approach: part human and part machine. I think you can tell an effective story without a computer, but from my experience, jurors are a reflective part of the population that consciously moved out of the radio era and into CGI-laden-movies era.

I use neat hardware (sometimes cheap hardware), I use neat software, and I almost always use a whole lot of custom graphics. Talking about how to make a great graphic is almost impossible. Most of the good ones are good for unique reasons. Most of the bad ones are bad because they fall into a few general categories. Here are a couple of those categories:

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Casey Anthony

* Squire Patton Boggs has announced the new leadership structure of its lobbying and public policy practice. It’s really no surprise that the head honchos of the group hail from the Patton Boggs side of the recent merger. [Politico]

* “It’s funny how the Supreme Court reaches down and picks this case.” The most important digital privacy case of our time just happened to be filed by Stanford Law’s SCOTUS Litigation Clinic. Awesome. [San Jose Mercury News]

* If you’re caught on camera sleeping during a Yankees/Red Sox game, you can probably expect abuse from ESPN announcers. If you call someone an “unintelligent fatty” as an announcer, you can probably expect a $10M defamation suit. [New York Post]

* “I’m proud to do my job.” Madonna finally rescheduled her jury duty session in New York City, but she was dismissed early so as not to create a “further distraction for the courthouse.” [New York Daily News]

* It’s been three years since Casey Anthony was acquitted of her daughter’s murder. Let us remember this most amazing voicemail: “CASEY ANTHONY NEEDS TO ROT IN HELL! SHE NEEDS TO DIE!” [CNN]


Lindsay Lohan

* Law firm mergers are on a record-setting pace, with 39 thus far in 2014. Just one “megamerger” was announced in the second quarter (Patton Boggs / Squire Sanders), but hey, we still have half the year ahead of us. [Am Law Daily]

* It hasn’t been a good week for the Thomas M. Cooley Law School. In addition to all of its enrollment woes, the Sixth Circuit affirmed the dismissal of its defamation suit against Team Strauss/Anziska. [National Law Journal]

* The doctors who spent the month of June evaluating Oscar Pistorius’s mental health found that he was depressed and posed a potential suicide risk. You’d feel the same if you were facing jail time. [CNN]

* Walgreens will give $180,000 to an ex-employee with diabetes as a settlement after the store fired her for eating a $1.39 bag of chips before paying to fend off a low blood sugar attack. [San Francisco Chronicle]

* Lindsay Lohan is suing Rockstar Games over an alleged character likeness in Grand Theft Auto V. To be fair, the character does kind of look like LiLo circa her “Mean Girls” days. [International Business Times]

I didn’t know what Prezi was at the beginning of the year. I first heard about it at LegalTech New York in February. Since then, I’ve seen it all over the place and heard of lawyers using it in trial. I have since used it a couple of times, so I am going to explain the benefits and the drawbacks and how to use it effectively.

What Is Prezi?

When you start a Prezi presentation, you begin with a big blank slate. You place pictures and text boxes on your blank slate and pan and zoom into them. Instead of going from slide to slide, you pan from focal point to focal point on your big canvas. The cool part about it is the zooming. You can zoom way into something. So, say you are doing a case about blood clotting and you want to show what it looks like on a cellular level, you would do it like this:

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I’m writing today’s column from New York City, where I’m covering Thomson Reuters Vantage 2014, a great conference focused on mid-sized and large law firms’ use of technology. There have been fascinating discussions about how larger law firms are adapting to change and are incorporating some of the latest technologies into their IT infrastructure. Not surprisingly, however, it turns out that like solo and small-firm attorneys, large and mid-sized law firms are often just as reluctant to adopt new technologies and processes despite overwhelming evidence that doing so is the best way to stay competitive.

But the good news gleaned from this conference is that some larger firms are adapting, just as many solo and small firms are. And that’s my goal with this column: to showcase how individual solo and small-firm lawyers are using new technologies in their day-to-day practices. In the process, my columns will hopefully encourage and help other lawyers to do the same.

In today’s column I’ll be featuring Jill Paperno. Jill is a long-time assistant public defender, having worked at the Monroe County Public Defender’s Office in Rochester, New York for over 27 years. She’s currently the Second Assistant Public Defender and is the author of Representing the Accused: A Practical Guide to Criminal Defense (affiliate link). In other words, Jill is a diehard criminal defense attorney and has dedicated her life to defending our constitutional rights.

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* This Biglaw firm is getting into the imaginary money business by bidding on $18M of Bitcoins seized in the Silk Road raid. Maybe they’ll accept this new “currency” as payment. [Am Law Daily]

* Boston bombing suspect Dzhokhar Tsarnaev wants his trial moved to New York or D.C. for an unbiased jury. Moving it to cities where terrorist attacks have occurred is a great idea! [Bloomberg]

* Here’s a perfect headline for a lovely Friday when we imagine people will be able to get in some quality day drinking: “Market Struggles to Absorb Record Law School Class of ’13.” [National Law Journal]

* Part of George Zimmerman’s defamation lawsuit against NBC was dismissed because his attorneys waited too long to ask the network for a retraction. Time to paint a picture about it, Georgie. [Fox News]

* Can you sue the dude who banged your wife for ruining your marriage? It sucks for cuckolded husbands, but you can’t in most states, including West Virginia, where family trees grow in a circle. [WSJ Law Blog]

Zach Warren

* They know where to find a deal: Justice Sonia Sotomayor ran into Hillary Clinton at Costco this weekend where the former secretary of state was hawking her book (affiliate link). It’s almost like this wasn’t arranged. [Huffington Post]

* “[T]his is my chance to do what I love and I am going to seize it!” Judge Randall Rader stepped down from his role as chief of the Federal Circuit less than a month ago following an ethics issue, and now he’s retiring for good. [Reuters]

* The government says that Zachary Warren’s prestigious legal accomplishments “left him well-able to understand the criminal nature of his conduct at Dewey.” Ouch, the People just turned it around on him. [WSJ Law Blog]

* “The reasons they have are the reasons they have.” The ex-dean of Indiana Tech Law quit his job weeks ago, but no one has any idea why. We guess he got out while the getting was still good. [Journal Gazette]

* Kenan Gay, the Charlotte Law student charged with murder after allegedly tossing a man into traffic, was acquitted. He graduated this spring. Nice work, but loans are still a life sentence, bro. [Charlotte Observer]

* It’s been 20 years since the O.J. Simpson case — aka the “trial of the century” — came to its dramatic conclusion. If you want to know what happened to all of the lawyers involved, we’ve got you covered. [CNN]

A large part of my practice is helping people in trial present their cases with technology. Whether it’s just using a trial presentation program such as inData’s TrialDirector, or developing case themes and graphics to tell the story, it can get pretty pricey sometimes.

Last year in Las Vegas, Richard Suen won a little over $100 million in a jury trial, and the judge gave him back his $593,000 that he spent on his trial presentation.

But, that’s not a lot of help to those who can’t spend six figures on trial presentation to begin with. Naturally, one of the questions I get asked the most is whether you can do awesome trials for cheap. Of course you can….

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