Litigation Technology

Litigation TechnologyHow to manage information in the digital era

Ernie Svenson

Ernie Svenson‣EDLA Law Clerk

‣Practiced law 27 yrs

‣ErnieTheAttorney.net

‣“Blogging in One Hour for Lawyers” (ABA book)

‣“Acrobat in One Hour for Lawyers” (ABA book)

‣PaperlessChase.com

The illiterate of the 21st century will not be those who cannot read and write but those who cannot learn, unlearn and relearn”

-Alvin Toffler

Part 1: Why use technology?

Framework

‣ What are the key goals?

‣ Can technology help us achieve those goals?

‣ Data v. Information

4:00 – 5:00 pm

Convince me

Gather

Organize

Present

Make your complex arguments seem…

Simple & Self-Evident

Can technology help?

Just because you can...

Doesn't mean you should

Gettysburg Address(what if Lincoln had used Powerpoint?)

US Military Powerpoint

Explaining Afghanistan

Informationoverload

Inform

OrganizeArrange

ResearchGather

Discover

Present

Framework

Gathering &Organizing

‣ Internet & Social Media

‣ How to search on your own

‣ Organizing data

4:00 – 5:00 pm

Part 2: Gathering & Organizing

Inform

OrganizeArrange

ResearchGather

Discover

Gather

Facebook

Casey Anthony

—“Facebook usage depicts a snapshot of the user's relationships and state of mind at time of posting.”

FacebookBass ex rel. v. Miss Porter's Sch., 2009 WL 3724968 (D. Conn.)

Relevance

—81% say: increase in SN evidence—Facebook: “unrivaled leader for online divorce evidence.”—66% say: FB is “primary evidence source”

—The National Law Journal September 21, 2010

Matrimonial Lawyers

Facebook Subpoena—Will provide basic subscriber information, if valid subpoena from California state ct, or Fed Ct.—Will not provide user content, citing SCA—Don’t expect to talk to anyone at Facebook by phone—Their subpoena requests are handled by outside counsel

Facebook Ethics—The Philadelphia Bar Ass'n Professional Guidance Comm., Op. 2009-02 (Mar. 2009)

Verdicts ChallengedSince 1999: 90 verdicts challengedReason: internet misconductIn 28 cases: new trial granted

Source: Reuters Legal 2010

Removed

Cautioned

Mistrial

Contempt

Actions by 30 Federal Judges

Source: Federal Judicial Center

79%“No way to know”

Judges: are jurors violating SM ban?

Source: Federal Judicial Center

How to search

What’s happening?Search jury duty

Off to jury Duty

got some of the best sleepin my life in jury duty...

Jury Duty and my iPodjust died...HELP!

Browser 1.2.

Type: search.twitter.comDo advanced search

3. Hone this skill

http://twitter.com/i/#!/search-home

near:NYC within:15mi

from:anthonyweiner

TweetKeeper

3200 tweets - $1.99

AlertsSearch query:

Result type:

How often:

How many:

Deliver to:

Everything

Once a day

Only best results

esvenson@gmail.co

Discussions

Inform

OrganizeArrange

ResearchGather

Discover

Arrange

DepositionsAsk questions: receive paper

Unlearn

Relearn

Case MappingIdentify: key facts, issues, themes

Hawkins - LexisNexis CasemapFile Edit View Insert Records Reports Tools

FactsDate & Time Fact Text SourceMon 12/01/2003 Hawkins promoted to Anstar Biotech Industries

VP of SalesInterview notes

Tue 11/15/2005 Hawkins turns 51 Depo. Philip Hawkins 56:11-23

Sat 07/30/2005 Hawkins demoted to sales manager Depo. Philip Hawkins 24:18

Thu 08/11/2005 Hawkins transferred to ABI office in Fresno Depo. Philip Hawkins 43:18

Wed 05/11/2005 Hawkins receives performance review from William Lang. Is rated #1 “Outstanding”

Hawkins performance review

Tue 07/15/2005 Hawkins makes derogatory remarks about Linda Collins to Karen Thomas

Interview notes

FactsDate & Time Fact Text Source

Mon 12/01/2003 Hawkins promoted to Anstar Biotech Industries VP of Sales

Interview notes

Depositionof

Philip Hawkins

Affiliated Reporting

01/16/2009

When did you first learn that your job status would be changing?

I think it was at the end of July in 2005. It was on a Saturday,which I remember because I was trying to leave town to joinmy family on a vacation and that’s when Bill Lang came to my office and gave me the news

What was your role at Anstar Biotech when you first startedworking there?

A. Initially my role was to be sales manager. I had met Bill Langwhile touring the Converse Chemical Lab in Bakersfield. Thatwas in December of 2002, as I recall.It was about a month later that he offered me the sales managerposition, and I accepted right away. I didn’t start until a few days later, though.

What was your working relationship like with Bill Lang when youfirst started at Anstar?

A. We got along great. Bill was an easy going guy, for the most part and he didn’t micro-manage things. He expected peopledo work hard and bring in the results, but that was it. Also, astime went on I found out that he was an avid fisherman and so was I so we kind of bonded on that front. We talked abouttaking a fishing trip together, but never got around to making ithappen.

How long had you been VP of sales?Q.

I was promoted in December of 2003, on the first of the month A.

Preparing WitnessOutlines

Interview notes

Search

Linked People, Documents, etc.

Linked to Issues...

Advanced Search

Interview notes

Search

Search for Links to People, Documents etc.

Search for Facts linked to a:

Person

Select the Person to search for: Fullname

Linda CollinsPhilip Hawkins

Interview notes

Preparing Exhibitsfor Examination

Hawkins - LexisNexis CasemapFile Edit View Insert Records Reports

Interview notes

Mon 08/21/2006 Hawkins leaves for Spring meeting with otherSales managers

Depo. PhilipHawkins 123:11

Spelling F7

Linked Files

Case ToolsLinked Files

Bulk Import PDFs

Batch ProcessCopy Linked PDFs

Bates stamp Linked PDFs

Interview notes

Mon 08/21/2006 Hawkins leaves for Spring meeting with otherSales managers

Depo. PhilipHawkins 123:11

Batch Processing - Review Linked Files

Batch Processing...

Linked files:

C://EES_Cases/Hawkins/Contract

C://EES_Cases/Hawkins/Lease_01

C://EES_Cases/Hawkins/Lease_04

C://EES_Cases/Hawkins/Email934

C://EES_Cases/Hawkins/Email1001

Framework Presenting

‣ Internet & Social Media Limits on gathering

‣ How to search on your own

‣ Organizing data

‣ Brain rules

‣ Visual Grammar

‣ Display tools

Part 3: Presenting to persuade

Inform

OrganizeArrange

Present

Persuade

Brain RulesBrain RulesHow can we make it easier for jurors to understand, remember & be engaged?

Brain Rules book

BoringWe don’t pay attention to boring things. We like emotional engagement: fear, sex, pattern matching. These stimuli work best.

RepeatRepetition helps us remember. Memories are volatile, and to keep them we need to reinforce them (or have them reinforced)

VisualsVision trumps all the other senses. Your brain wants to see, and it likes to gather information in the form of a story.

Multi-sensoryThe more senses you stimulate the faster the audience understands and remembers.

Challenger Last flight: Jan. 28, 1986

‘O’ Ring Problems

Flight Date Temp °F Erosion Blow-by Damage Index

1 Apr. 1981 66° 0

2 Nov. 1981 70° 1 4

3 Mar. 1982 69° 0

5 Nov. 1982 68° 0

6 Apr. 1983 67° 0

41-B Feb. 1984 57° 1 4

41-C Apr. 1984 63° 1 2

51-A Nov. 1984 67° 0

51-C Jan. 1985 53° 3 2 11

51-D Apr. 1985 67° 0

61-C Jan. 1986 58° 1 4

Flight Date Temp °F Erosion Blow-by Damage Index

2 Nov. 1981 70° 1 4

3 Mar. 1982 69° 0

5 Nov. 1982 68° 0

6 Apr. 1983 67° 0

51-A Nov. 1984 67° 0

51-D Apr. 1985 67° 0

1 Apr. 1981 66° 0

41-C Apr. 1984 63° 1 2

61-C Jan. 1986 58° 1 4

41-B Feb. 1984 57° 1 4

51-C Jan. 1985 53° 3 2 11

70° 69° 68° 67° 66° 63° 58° 57° 53°

ErosionDamage

Temp °F

Spreadsheeta simple weapon

John Gotti

jury requested a chart that showed the criminal backgrounds of seven prosecution witnesses.”

X X X X

X X X X X

X X X X X X

X X X X

X X X X X

Murder

Possession of Dangerous Weapons

Attempted Murder

Heroin Possession & Sale

Cocaine Possession & Sale

Marijuana Possession & Sale

Gambling Business

Armed Robberies

Loansharking

Kidnapping

Extortion

Assault

Perjury

Counterfeiting

Bank Robbery

Armed Hijacking

Stolen Financial Documents

Tax Evasion

Burglaries

Bribery

Theft: Auto, Money, Other

Bail Jumping & Escape

Insurance Frauds

Forgeries

Pistol Whipping a Priest

Sexual Assault on a Minor

Reckless Endangerment

CARDINALE LOFARO MALONEY POLISI SENATORE FORONJY CURRO

I n f o r m a n t sCr imes

Pistol Whipping a Priest

DocumentsTypography for Lawyers

– Matthew Butterick

– Website: www.typographyforlawyers.com

– Book: $25 on Amazon

– Principles of design for legal documents

– How to create a proper caption

– Effective letterhead design

Framework Presenting

‣ Key Goals

‣ Data versus Information

‣ Social Media

‣ Search yourself

‣ Organize case data

‣ Brain rules

‣ Visual Grammar

‣ Display tools

Summary

“Unlearn and -Alvin Toffler

relearn…”

paperlesschase.com/awanola

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