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The Trial Presentation Companion

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Print Book :1 Volume, Softbound, 376 pages
1st Edition
ISBN/ISSN: 9781601567338
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The Trial Presentation Companion: A Step-by-Step Guide to Presenting Electronic Evidence in the Courtroom, written by award-winning legal technologist Shannon Lex Bales, is NITA’s first-ever, comprehensive “how-to” manual on running electronic evidence in the courtroom. This face-saving guide will help you and your firm expand your comfort zone in working with all the bits and pieces―laptops, trial presentation software, document cameras, audio-visual components, the puzzling array of cords and cables―that are increasingly essential when presenting electronic evidence in court in the modern era. Checklists and guides are included to help your firm create a technology plan for trial and recognize where opposing firms may attempt less-than-reputable technical tactics, such as burden shifting, to throw a monkey wrench in your trial plan. For the judiciary, the book presents a warts-and-all view of trial technology and discusses reasonable presentation obligations by firms to the court and how the court can ensure more efficient technological processes and fewer problems in the courtroom.

Part One, Trial Presentation in Theory, is just that: a theoretical explanation, in plain (and often tongue-in-cheek) English, about why expert trial technologists do what they do during pretrial and in court―how to organize and name exhibit files, choose the best software for your needs, build a trial kit of equipment to take to court, comply with the Trial Management Order, develop an effective workflow, cultivate relationships that provide mutual support in court and out, and much more. Included as a free bonus are ready-to-use forms and checklists for you to download and use to help you mind the details of your case.

Part Two, Trial Presentation in Practice, shows you, step by illustrated step, how you, too, can bring that same game to your own legal team as you huddle for trial. Even if you don’t know an HDMI port from a VGA and have never set up a folder system on your server before, The Trial Presentation Companion will show you how, and before you know it, you’ll be running the show like you were born to it. This book is suitable for everyone from judges and law firm partners and associates to law students, budding trial technologists, and paralegals.

Whatever your position, we envision you using this eBook alongside your computer, open on either an iPad or a secondary monitor while you plan and execute your courtroom presentation plan. This eBook’s functionality is optimized on an iPad because it enables you to pinch-zoom the graphics to view the details, but it may also be downloaded to your desktop and viewed with Adobe Digital Editions. Digital Reader is an eBook reader for PC and Mac—and best of all, it’s free.

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Table of contents

Notes on Use

Part One: Trial Presentation in Theory Chapter One: Introduction to Trial Presentation
1.1  Perspectives
1.2  Take Your Technology Obligations Seriously
1.3  Why to Use Trial Presentation Software
1.4  Risk Management and Law Firms that Get It
1.5  How Courtroom Issues Occur
1.6  Evidence Presentation Obligations of Lawyers "On Trial"
1.7  Trial and People
1.8  Electronic Discovery Reference Model

Chapter Two: Getting Started
2.1  The Basics
2.2  Create a Project Plan
2.3  What to Track in a Project Plan
2.4  Data Organization
2.5  Staffing
2.6  Exhibit Exchange
2.7  Effective Courtroom Habits

Chapter Three: Exhibit Creation and Workflow
3.1  Initial Considerations
3.2  Document Authenticity
3.3  Exhibit Format Choices: PDF or TIFF?
3.4  Exhibit Naming Guidelines
3.5  Processing Basics
3.6  Common Processing Options
3.7  Branding, Electronic Bates Stamping, and Endorsements
3.8  Optimizing Files for Use at Trial—Advanced Topic
3.9  Workflow
3.10  Trial Exhibit versus Trial Presentation Database
3.11  Trial Management Order
3.12  Understanding Load Files and Log Files
3.13  Companion Applications
3.14  Case Conclusion

Chapter Four: Equipment
4.1  Getting Started: What Equipment and Software Do You Need?
4.2  Build a Trial Kit
4.3  Technology Used in Courtrooms
4.4  Putting It All Together
4.5  Trial Technology and Support Checklist for the War Room

Chapter Five: Companion Software
5.1  Trial Laptop Setup
5.2  The Bare Minimum
5.3  Document Review Software
5.4  Adobe Acrobat Professional
5.5  Microsoft Office: Focus on PowerPoint
5.6  Running with USB: A Word on File Corruption
5.7  Screen Captures: Snagit
5.8  Transcript Software for Use with Trial Presentation Software
5.9  Text Editor: UltraEdit
5.10  Total Commander: File Synchronization and Renaming Utility
5.11  Windows Movie Maker
5.12  Other Applications

Chapter Six: Courtroom Planning
6.1  Sweat the Details
6.2  How Courts Can Greatly Increase Efficiency and Minimize Technical Problems
6.3  Build from Scratch or Supplement?
6.4  Equipment and Trial Tech Placement
6.5  Addressing Courtroom Concerns
6.6  "David and Goliath" Syndrome
6.7  Keep Data Local
6.8  Old Tech: Still Relevant!
6.9  Evaluating the Courtroom
6.10  Supplementing Courtroom Equipment
6.11  Create a Courtroom Floorplan
6.12  How to Supplement the Typical High-Tech Courtroom
6.13  Daily Testing
6.14  Uncooperative Parties

Chapter Seven: Trial Software
7.1  Presentation Basics
7.2  Develop a Consistent Style in Calling Up Exhibits
7.3  Be Different
7.4  Recognize When You Need Help
7.5  Five Basic Skills
7.6  What You Need to Know About Trial Software

Chapter Eight: Video
8.1  A Few Things to Watch For
8.2  Editing Tips

Chapter Nine: Trial Communication
9.1  Use Exhibit Numbers to Communicate
9.2  The Language of Trial Presentation: Annotation, Callout, and Highlight
9.3  Terminology to Know
9.4  Use Stage Direction in Exhibit Narration
9.5  Witness Outlines on Steroids
9.6  Team Building

Chapter Ten: Forms and Checklists
Form 1  Trial Software Due Diligence Checklist
Form 2  Trial Presentation Laptop Build and QC Sheet
Form 3  Courtroom Technology Evaluation
Form 4  Advanced and Basic Courtroom Setup Orders
Form 5  Daily Courtroom Checklist
Form 6  Trial Technology and Support Checklist

Part Two: Trial Presentation in Practice

Chapter Eleven: Primer on Getting Started
11.1  Computer Configuration for Trial
11.2  Video Connection and Configuration
11.3  Establish a Routine

Chapter Twelve: Primer on Exhibits
12.1  Adobe Acrobat Pro Basics
12.2  UltraEdit (File Path Change)

Chapter Thirteen: Primer on Companion Software
13.1  Snagit
13.2  PowerPoint
13.3  Movie Maker
13.4  Total Commander

Chapter Fourteen: Primer on TrialDirector
14.1  Create a New Case
14.2  Import Data
14.3  Take QC Steps
14.4  Perform QC with Repair
14.5  Set Up Mirror Mode
14.6  Set Up Extended Desktop
14.7  Use Additional Tools

Chapter Fifteen: Primer on Sanction
15.1  Create a New Case in Sanction
15.2  Import Data into Sanction
15.3  Sanction Presentation Basics
15.4  Create a Presentation in Sanction
15.5  Use Additional Tools in Sanction

Chapter Sixteen: Primer on OnCue
16.1  Create a New Case in OnCue
16.2  Import PDF Documents into OnCue
16.3  OnCue Presentation Basics
16.4  Save Annotations in OnCue

Chapter Seventeen: Primer on Adobe
17.1  Adobe Presentation Basic Skills

Chapter Eighteen: Primer on Video
18.1  Video Basics
18.2  Video in TrialDirector
18.3  Video in Sanction
18.4  Video in OnCue

Subject Index
About the Author