Digital White Papers

Litigation and Practice Support — May 2015

publication of the International Legal Technology Association

Issue link: https://epubs.iltanet.org/i/518940

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ILTA WHITE PAPER: MAY 2015 41 WWW.ILTANET.ORG EIGHT TIPS FOR USING TECHNOLOGY TO PERSUADE A JURY TRENDS TO WATCH One new trend is the use of iPads and tablets in the courtroom. Muscat says, "Since they're more portable, we're seeing a high adoption rate among lawyers." In addition, he notes the next generation of Bluetooth and Wi-Fi technology is here, allowing laptops and tablets to connect to monitors and projectors wirelessly. "The idea is to walk into court with just your tablet and sync up to the court's equipment so you can display your work." Keith Dutill concurs: "In September 2014, I tried a case entirely from my iPad. Every exhibit and video excerpt was preloaded; I pulled up what I needed on the fly and projected it onto the screens in the courtroom. I had callouts, highlighting, etc. right on the screen. The iPad gave me total control over the timing and presentation of the evidence, plus the ability to focus the juror's attention without stumbling around with large boards. Coupled with Apple TV, the iPad also enables a lawyer to move around the courtroom and examine witnesses without being tied to the podium. I have a strong preference for managing the visuals myself instead of directing a trial technology specialist at the counsel table, and a tablet is the best tool for trying a case in that manner." You might want to know that the United States District Court in Philadelphia is using tablets for the jurors to see evidence during trial. In April, the Center for Legal & Court Technology tried an experimental (simulated) case in which counsel presented evidence from phones and tablets, one counsel used Google Glass for notes, counsel texted objections to the judge, and jurors viewed evidence on tablets. Judge Fogel, Director of the Federal Judicial Center, presided. Jurors don't care about whether you're lugging around a five-year-old laptop or a solar-powered tablet, only that the end result is a clear, compelling story. Daniel Kahneman, in his number one applied psychology bestseller, Thinking Fast and Slow, argues that "It is the consistency of the information that matters for a good story, not its completeness." Knowing effective ways to deploy the latest technology makes it easier than ever to tell these stories. The Best in High-Tech Facilities The McGlothlin Courtroom, arguably the most technologically advanced courtroom in the world, is at the William & Mary Law School in Williamsburg, VA. The McGlothlin Courtroom serves as a lab for the latest advancements in courtroom and legal technology, and it is helping train the next generation of tech- savvy attorneys. This fully functional courtroom is equipped for videoconferencing and employs the latest generation of court reporting technology, including the ability to publish real- time transcription to the Internet. It also emphasizes assistive technology for those with difficulties in seeing, moving or hearing. They continuously upgrade equipment and platforms to stay on the cutting-edge of emerging trends. In addition, the Center for Legal & Court Technology, also at William & Mary, offers courtroom and courtroom technology design for clients worldwide as well as training for lawyers on how to effectively use courtroom technology at trial.

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