Yearly Archives: 2017

TrialDirector vs. PowerPoint

You put a lot of time and effort into preparing your case for trial, but how are you going to effectively show your case to the jury? TrialDirector was designed specifically for trial (as you can tell by the name) and is the leading trial presentation software because of the following features:

  • Organize witness workbooks – quickly drag and drop items into a witness folder
  • Apply exhibit numbers – add trial exhibit numbers and other unique identifiers to your case items
  • Search transcripts and create designations – generate PDF reports to print, email, and share
  • Make exhibit lists – TrialDirector creates Word documents that you can save, print, or copy into other files
  • Present documents and video in a variety of ways to maximize your presence in front of the jury
  • Zoom, highlight, and use a variety of mark-up tools for maximum impact and understanding

“Eh I’m good, I use PowerPoint.”

We agree that PowerPoint is an excellent presentation program. It creates linear presentations that you can make in advance. So why take the time to learn TrialDirector? Putting aside all the functions listed above (which PowerPoint can’t do, by the way), let’s focus on the presentation.

When you’re presenting to a jury, you need to adapt, be quick on your feet, and prepare for the unexpected. For instance, a document might suddenly be admissible, or the witness answers your question in court differently than in his deposition. What do you do – take a few minutes to create a new PowerPoint slide at counsel’s table? Request a recess? Make the jury wait in silence? You don’t want to lose the impact of expediency.

TrialDirector lets you present any document, any time. You just type in the exhibit number and hit enter; that’s it. You can now continue your questioning about this now-admissible document without missing a beat. When you finish, return to your regularly scheduled presentation organized in a workbook. It’s seamless for you and transparent to the jury.

But don’t worry…

PowerPoint has a place in your case and it has a place in TrialDirector! We know that PowerPoint is ideal for opening statements. Create your opening in PowerPoint and easily load it into your TrialDirector case. TrialDirector will display your PowerPoint presentation and you can move through the slides at your pace, just as you would in PowerPoint.

Ready for closing arguments? Insert the images you showed the jury through TrialDirector into your PowerPoint closing. This will enhance memory and recall. Jurors will not only remember the document, they’ll remember what you showed them.

So, you use PowerPoint? That’s not a problem, because TrialDirector doesn’t make you choose. Use the comfort of PowerPoint along with the flexibility and power of TrialDirector to make your case.

Trial Presentation Software for a Mac? Here’s How with TrialDirector!

Trial Presentation Software

Is There a Trial Presentation Software for Mac?

Despite the hours and hours of preparation before a trial, one single decision or piece of evidence could completely change the course of the case.

As an attorney, you are able to think and react quickly, but unfortunately, unfamiliar technology can be a stumbling block in a dynamic and stressful environment. Even well-practiced lawyers struggle when trying to use new computers, operating systems, and software programs in an ever-changing situation.

Your confidence as a presenter forms the foundation of effective trial presentations, and trial prep is not the time to learn how to navigate a new computer. If you use a Mac daily, then that shouldn’t change when you enter the courtroom.

Although TrialDirector and other associated software (TimeCoder Pro, DepoView, etc.) are designed for the Windows operating system, there are a variety of available methods that will allow you to enjoy the capabilities of your Mac along with all the features of TrialDirector software:

  1. Boot Camp: Don’t worry, this option doesn’t require you to participate in physically-exhausting activities; preparing and presenting in trial is demanding enough. Boot Camp is a program created by Apple that allows you to install the Windows operating system onto your Mac, so you can have two operating systems on one computer. This method gives you great stability and smooth performance with your software; however, while using Windows, you cannot access any of your iOS applications.
  2. WINE: This option requires a little more effort than grabbing a bottle of your favorite beverage and chatting it up with friends. Certain types of WINEs (Windows Emulators), such as WineBottler and CrossOver, allow you to run Windows-based programs on iOS-based systems. You simply download and install the Windows Emulator, and then your software will run on iOS using the WINE. These emulators work similarly to Boot Camp, but not all programs are fully supported, so you might run into some issues depending on the software you’re trying to use.
  3. Virtual Machine: This sounds like the most fun out of the three options, like an exciting virtual reality experience or a time-traveling device. Although a virtual machine isn’t quite that futuristic, it can be extremely helpful when trying to run Windows-based programs on iOS. Basically, it runs a virtual copy of the Windows operating system on your Mac, which allows you to use any software that is designed for Windows. Virtual Machines such as VMWare Fusion and Parallels Desktop do require more processing power and RAM, but you’ll have fewer problems.

 

 

How to Get 10/10 on Your Next Trial Presentation

Some people just have it.

The confidence, the perfect rhythm and speed of talking, the right vocabulary and stories…everything to make a stellar presentation. They could be talking about the importance of tying your shoes with two loops instead of one, and you would still leave the room feeling inspired to be a better person.

But what about those of us who just don’t have it? You’ve spent weeks and months collecting evidence, annotating exhibits, and constructing your argument, but without a good presentation, all that effort might not matter.

In addition to having stellar trial presentation software, here are some tips to help you engage the jury and give a worthwhile presentation:

  1. Be Yourself. Yes, it’s cliché, but it has power. You have a unique personality, whether that is outgoing, soft-spoken, serious, light-hearted, confident, or more reserved. To be effective and confident while you’re presenting, you need to do what comes naturally. Talking too slow can be just as distracting as talking too fast. The jurors may not have law degrees, but they can tell when you’re faking enthusiasm or solemnity. Your strongest asset is to be natural.
  2. Don’t give them the whole pie. Imagine your favorite dessert, whether that be mint brownies, hazelnut cheesecake, or raspberry pie. You eat one bite of that dessert, and that delicious spoonful leaves you craving more. Now imagine how you would feel if you ate a whole giant pan of that dessert in one sitting. You would probably be sick to your stomach and ready to swear off sugar for the next 6 months. The same concept applies to your presentation; your videos, depositions, and annotated exhibits are great elements, but it’s possible to have too much of good thing. Make sure to give your jury a bite of the case instead of overwhelming them with too much information.
  3. Practice. You know the saying, “Practice makes perfect”. Practicing can be mundane and repetitive by nature, but the more you practice, the more confident you’ll be. Your presentation will flow smoothly, and you’ll be better able to handle any last-minute revisions or curveballs that get thrown your way during a trial.
  4. Don’t let technology control you. Your technological tools are meant to enhance your presentation, not replace you as the presenter. Ultimately your words are going to have the biggest impact on the jury, not the annotated exhibit on the screen. You provide the necessary commentary and explanations to give meaning and purpose to the evidence; without you, the jury sees a random collection of videos and images. Don’t underestimate your influence in the courtroom, and make sure the technology doesn’t overpower your argument.
  5. Involve your audience. The jurors in the courtroom have experiences and circumstances that strongly impact their perspectives and decisions. If you truly know your audience, you can communicate in a way that helps them to see the personal relevance of the trial. If one of the jurors is a middle school math teacher with three young kids, present in a way that connects his circumstances with your case.

Comment with any tips you use to have a successful trial presentation!

Connect with us on Twitter, Facebook, and LinkedIn, or learn more about TrialDirector and how it can help you by visiting our website. Already have TrialDirector? Check out one of our training courses.

Cyber Requirements in the Workplace

Blog by Calvin Platten, General Counsel, Ipro

It is important for a company to protect its cybersecurity to minimize opportunities for breaches and other situations where critical data may be leaked to unsavory characters. While the technical aspects of creating a secure network may be a job for IT, cybersecurity is the responsibility of all employees. The weakest link in a network is frequently a company’s own employees.

For example, phishing e-mails often proceed cyber-attacks. They are not just e-mail SPAM. They are e-mails targeting employees who have access to financial accounts, PII, and/or PHI. The following is information from the ISACA on the epidemic of phishing e-mails proceeding cyber-attacks throughout the U.S.

1. Intelligence Gathering

  • It takes an average of 4 minutes from the time a phishing e-mail is sent until the victim opens it and clicks on the link or attachment.

2. Initial Exploitation

  • Phase one Malware is installed when someone clicks on an e-mail link – Phase one Malware remains on the victim’s PC an average of 270 days without being detected.

3. Command and Control

  • The Malware phones home to get instructions and goes silent – Antivirus Software can’t detect this activity.

4. Privilege Escalation

  • ISACA found that 63% of data breaches were a result of stolen user credentials.
  • By targeting an individual with just 10 phishing emails, 90% of the targeted users clicked the link and were compromised.

5. Data Exfiltration Occurs

  • Cybercrime has evolved into a long game. When it comes to moving data off your network the hackers will end up using our own FTP servers, Webex, Skype, and other business applications that you need to run your business just because they can.

To prevent its employees from succumbing to phishing e-mails and other cyber scams a company needs to establish clear policies for cyber security, create a system where employees are encouraged to report breaches of the policies, continually review and update their policies, and discuss the up to date policies with all employees, not just management.

Ipro Taps Into Trial Technology with Acquisition of inData Corporation

Trialdirector by Ipro

Article by: Ian Lopez, Legaltech News

Its first move following major investment, Ipro looks to a new technology area in an increasingly consolidating e-discovery marketplace.

When it comes to vendor choices, the e-discovery market is increasingly becoming a smaller place. And judging by the activity of recent years, acquisitions and strategic partnerships seem to be the favored method for scaling. Arizona-based e-discovery provider Ipro Tech first ventured down this path after being bought by investment firm ParkerGale. And as Ipro CEO Kim Taylor told Legaltech News, Ipro “sold with the upfront intention to make a few acquisitions.”

On August 1, Ipro made its first of those acquisitions, purchasing inData Corporation, a fellow Arizona company best known for its trial presentation software TrialDirector. The moves allows for the integration of Ipro’s Automated Digital Discovery (ADD) platform with inData’s trial and deposition management offerings.

The intent for users is to be able to shift between e-discovery and trial programs without having to leave a single platform. Speaking about inData’s users, CEO and president Derek Miller told LTN, “Ideally, they’ll be able to add on a subscription piece. … And those that want to just go to trial will still be able to just go to trial.”

When it comes to pricing and subscriptions, Taylor noted that “all that has to be figured out.” He added that Miller and inData CFO/COO Scott Palmer will “move over into different roles” with Ipro, and that over the next three months, all of InData’s employees will “be integrated into Ipro.” The terms of the acquisition have not been disclosed.

For Ipro, the benefits of the acquisition are twofold. For one, it allows the company to make its way into trial technology, a market often overlooked in e-discovery M&A. Further, it is also the company’s first attempt since being purchased to make a play in the increasingly consolidating e-discovery market, which is currently witnessing major companies like kCura, DTI Technology, Lighthouse, and LDiscovery take significant market shares.

“One of the reasons we did the [ParkerGale] deal back in April was to make sure that we have the resources to compete,” Taylor said. “If you look, the other companies out there, whether its kCura or the cloud companies or whatever, they’re out trying to steal my lunch money every day. And they’re only getting bigger and better, so we have to keep up. We do believe if you look at TrialDirector, it’s a household name on the law firm side. … It gives us access to those folks and really helps us kind of get a stronger footing.”

The market is indeed rapidly shifting. In July 2016, Epiq Systems was purchased by DTI for $1 billion, while OpenText acquired Recommind for $163 million. This past June, contract data discovery company Adsensa was acquired by Exari.

And while the e-discovery space becomes the domain of fewer and fewer companies, it remains to be seen whether companies like Ipro can engage in their own acquisition strategies to compete. Mark Yacano, global practice leader of managed legal services at Major, Lindsey & Africa, told LTN that the acquisition is “endemic of the challenges that businesses are facing to stay relevant.” Discussing major players, he described how Relativity, despite moving to the cloud and having partners “wondering how that will impact them, kCura still has an enormous market share.”

“Folks like Ipro have to find a hook, have to find a differentiator,” he said. “I’m surprised it’s taken this long for a provider to integrate with the trial presentation and trial preparation function, because logically they do make sense to pair. But whether or not that’s a significant enough differentiator for Ipro to build market share, I think that’s going to be very, very interesting.”

The Legaltech News article can be found by clicking here.

Ipro Acquires inData Corp, a Leading Trial Presentation Company

TEMPE, Ariz., August 1, 2017 – Ipro Tech, a global leader in the development of advanced eDiscovery software solutions, announced today that it has acquired inData Corporation, creator of TrialDirector, a market leader in trial presentation based in Gilbert, Arizona.  Terms of the transaction were not disclosed.

It has been Ipro’s vision for the discovery process to be simple, affordable and automated.  Historically, there has been a significant disconnect between document review, knowledge management, and trial presentation.  By combining these companies, Ipro serves its vision by creating a seamless integration with inData’s deposition management and trial presentation solutions along with Ipro’s automated digital discovery platform, ADD.  With this acquisition, legal teams will now have one platform, one company to cover them from the time evidence starts rolling in, all the way to the courthouse.

These storied companies, both touchstones in the litigation technology industry, have paved the way, survived, and flourished over the years through their innovation and commitment to service.  Together, their technology, clients, culture, and people are poised to lead the industry as it continues to evolve.

Ipro CEO, Kim Taylor, has been looking to expand into the trial software and services vertical for some time. He said, “inData and Ipro have a tremendous amount of synergy considering our time in the industry, our solutions, and the customer-base we serve. We are beyond excited to bolster our competitive edge by integrating inData’s products and people into the Ipro family.”

inData Corporation has been leading the trial presentation field for two decades with 90% of the AMLaw 200 firms using TrialDirector today.  The powerful presentation tool has been used countless times in trials all over the world.  Combined with TrialDirector, inData’s additional products and services run the gamut between video and text synchronization, transcript management, and trial consulting.  Derek Miller, inData’s CEO and Scott Palmer, inData’s CFO/COO will take on new roles within Ipro.  Derek stated, “For the last 29 years, we have built a company that is a household name for trial presentation.  This acquisition allows us to put TrialDirector into more customer hands as well as strengthening the resources for development and support.”

In April 2017, Ipro announced its acquisition by ParkerGale, a private equity group in Chicago, Illinois.  The investment by ParkerGale has enabled Ipro to expand software and service offerings to meet its ongoing customer requirements.

About Ipro Tech, LLC

Founded in 1989, Ipro is a global leader in the development of advanced eDiscovery software solutions. Ipro’s Automated Digital Discovery workflow platform helps customers organize, review, process and produce litigation data of vast sizes and complexity — more efficiently and cost-effectively than ever before. To learn more visit iprotech.com.

About inData

Founded in 1984, inData creates software applications to aid in the trial preparation and presentation process. In addition to developing useful software, inData also responds to litigators for urgently needed training and consulting services inData has worked side-by-side with litigators in hundreds of trials across the globe and developed a recognized expertise in the legal community for consulting in trials in a variety of industries.

iPad vs. PC: Which One Should You Use?

We all love our tablets.

They’re light, portable, and intuitive. Many computer tasks can be done efficiently on a tablet, and as a society, we are huge fans.

Both tablets and laptops make a huge impact in the courtroom when it comes to trial presentation technology, but every case is unique and each presenter has different needs. We compare the differences between the two so you can choose the option that is best for your circumstances.

For those “pacers” out there, an iPad allows you to walk freely around the room and present from wherever you’re standing. A laptop is a little more restrictive; you can still pace, but you need to return to the laptop to move forward in your presentation or rely on someone else to call up your exhibits. However, presenting with an iPad requires you to set-up a private, wireless network to use Apple TV and similar products, and there is always the concern of becoming wirelessly disconnected in the middle of your presentation.

When using TrialDirector on a computer, you have much more storage and a higher processing speed, which allows you to handle a higher volume of documents, photos, and videos. Due to the lower processing speed, TrialDirector for iPad is great when using a small number of exhibits but not for managing larger case files.

Within the PC software, you have access to more tools and features while preparing and presenting your case, while you can use your iPad to make fewer, more basic edits and play pre-edited clips. This allows the iPad application to have a simpler experience and interface. However, working with an iPad requires you to load sensitive documents through iTunes, Dropbox, Box, or any other file sharing application, but you get to skip that step if you’re using a computer.

With a PC, you also have access to the most-used aspects of TrialDirector software. You can easily:

  • Retrieve and display exhibits faster
  • Create or adjust deposition clips, even while you’re in trial
  • Search transcripts and create detailed search results
  • Import synched transcripts
  • Easily cut deposition clips
  • Choose from eight different playback options
  • Link exhibits to deposition clips

Ultimately, the choice is yours. You want to do your best while presenting, and so we recommend using the software the allows you to manage your case your way you while also allowing you to be comfortable and confident in the courtroom.

During your next trial, which one are you going to use?

Connect with us on Twitter, Facebook, and LinkedIn, or learn more about TrialDirector and how it can help you by visiting our website. Already have TrialDirector? Check out one of our training courses.

How Your Trial Could Have Gone Differently

For Jenna, it was one of those days.

The kind of day that just drags on in a perfect storm of bad luck. Her computer crashed right before she finished writing her quarterly report. For some reason, her office smelled like a rotting dairy farm, and she managed to spill her lunch all over her new blouse.

It was just one of those days.

As she flipped through her mail while walking through the front door of her tiny apartment, she paused on an official-looking envelope. “Official Jury Summons Smith County” was printed in a bright yellow box. Just like that, she knew the universe was working against her.

With no valid reason to be excused from jury duty, Jenna dutifully, yet grudgingly arrived at the appointed time and location to offer her services as a juror. When she arrived, she was amazed by the diversity of people who would be serving with her; people from a variety of backgrounds and education levels, all working together for a common goal.

But after the amazement came the worry. Jenna had earned a Bachelor’s degree in Accounting and considered herself fairly educated, and even she was stressed about understanding the court proceedings and vocabulary used by the judge and attorney. But there were other jurors who didn’t have the same educational opportunities as her, and she wondered how was she supposed to reach a verdict with people who were so different from her.

After everyone had entered the courtroom, the trial began. Jenna’s thoughts quickly left the case as she started to think about the work she needed to catch up on and when she would go grocery shopping. Occasionally, she would tune back into the trial, but it was hard to pay attention when they were using so many big words that she didn’t understand and showing documents that didn’t mean anything to her. If she wasn’t getting anything out of this, she doubted that any of the other jurors were understanding anything.

Pause.

Does this sound familiar? It’s rare to find a group of jurors that are actively engaged during most of a trial, let alone the entirety of it. In a perfect world, each jury would be composed of 12 people from diverse backgrounds who are also well-versed in legal affairs while being wholeheartedly committed to pursuing justice. Since that situation isn’t a plausible option, we go for the next best thing: an appealing presentation.

Think back to your days in school when a professor would spend ten minutes writing on the board, and two minutes in you were mentally checked out; your jury isn’t any different. You can’t afford to spend time setting up documents, zooming in on images, and fast-forwarding to a specific segment of a deposition. You need to be able to present your case clearly and concisely so that the jury can understand and remember your presentation.

Yes, it takes a lot of time and effort to prepare a seamless case presentation beforehand; but if it helps the jury to reach the desired verdict, isn’t it worth it?

Connect with us on Twitter, Facebook, and LinkedIn, or learn more about TrialDirector and how it can help you by visiting our website. Already have TrialDirector? Check out one of our training courses

Why We Should Never Be Satisfied with the Technology We Have

Many, if not all of us, were taught the importance of being thankful for what we have. In a society that endures the pressure of needing to “keep up with the Jones’”, there is great wisdom in being content with the opportunities you do have; we know that this is where lasting happiness resides.

So how is technology any different?

On an individual level, it isn’t. A person will experience hardly any change if he decides to not upgrade to the latest smartphone or if she is content with her used sedan. New technology is meant to make our lives more efficient and enjoyable, but each year can be perfectly fulfilling without the newest gadget. However, on a societal level is where we see a lasting impact.

Detroit of 1950

In the mid-1990’s, the city of Detroit was enjoying all the benefits and opportunities a booming auto industry could offer. More and more people were pouring into its suburbs, and this city boasted a population of 1.8 million in 1950, making it the 4th largest city in the nation. Unfortunately, Detroit never moved past the auto industry of 1900’s and the city has experienced rapid decline and deterioration ever since, leaving it at a low population of 677,116 in 2016.

Detroit of 2016

In contrast, we have the story of Dubai, a small fishing village in the Middle East with less than 40,000 inhabitants in 1950. This community had been ravaged by economic depressions and geological problems, and it didn’t look like the future would be much different.

Dubai of 1950

Even after the discovery of oil in the 1960’s, it would take thirty more years for this city to make the giant technological strides that led it to currently house almost 2.8 million people and be one of the most technologically-advanced communities in the world.

Dubai of 2016

New technology can be frustrating and daunting to learn. It’s unfamiliar, foreign, and new. But like most great opportunities and achievements, it is worth our investment. What if the people of Dubai chose to stick with fishing because that’s what made them most comfortable? Dubai wouldn’t be the success story it is today.

As a society, we need to be continually searching for and embracing better technology. That doesn’t mean we can’t be pleased with the Bluetooth system in our car or the high definition of our flat screen TV. Rather we shouldn’t be afraid of the unknown in technology. If society never strives to progress and improve, we’ll never know what we are capable of.

Your choice: Detroit or Dubai?

Connect with us on Twitter, Facebook, and LinkedIn, or learn more about TrialDirector and how it can help you by visiting our website. Already have TrialDirector? Check out one of our training courses.

What if Atticus Finch Lived in the 21st Century?

First, Atticus would definitely fit in with his tasteful glasses and sophisticated three-piece suit. Second, his experience in the courtroom would be completely different from the events that happened during the infamous “Robinson v. Ewell” case. The single father and lawyer from the classic novel “To Kill a Mockingbird” has been a timeless example of honor, determination, and brilliance. He whole-heartedly defended and verbally fought for a man who had been rejected by society because Atticus knew the defendant was innocent.

Photo Credit: The Federalist

Mr. Finch pointed out the many discrepancies between the various accounts of the crime, and in the mind of the reader, he proved the innocence of Tom Robinson. Unfortunately, the efforts of this brilliant attorney weren’t enough. Tom Robinson was declared to be guilty, and he was later shot to death by prison guards.

Although the case presented in the novel is fictional, it is interesting to speculate what would have happened if the trial happened this year with all the available technologies and methods.

Atticus arrives at the courthouse with his trial presentation in hand; he has spent countless hours organizing his exhibits and timecoding the depositions of key players in the case. He put in a lot of effort, but he is confident that his presentation will be enough to convince the jury of a not-guilty verdict.

Throughout the trial, Mr. Finch uses his presentation software to show key segments of the depositions of Mayella Ewell, Tom Robinson, and Bob Ewell, which causes the jury to focus on key evidence without being distracted by irrelevant information.

Atticus also pulls up a document that has already been annotated with highlights and underlines onto the presentation screen, which outlines the accident Tom Robinson had as young boy getting his left arm caught in a cotton gin, now making it impossible for him to use that arm. The remainder of the trial continues with Atticus presenting key exhibits that allow the jury to be engaged and well-informed about all aspects of the case.

Mr. Finch presents his closing argument, supported by the numerous exhibits and facts he previously shared. As he finishes, the jurors find themselves in an interesting position: the material of the case was presented so fluidly and concisely that they can’t deny the certainty of Tom’s innocence, yet they still must face the social pressures of their community.

Skilled and determined litigators are powerful, but combine these litigators with an effective trial presentation and you have a successful team.

Connect with us on Twitter, Facebook, and LinkedIn, or learn more about TrialDirector and how it can help you by visiting our website. Already have TrialDirector? Check out one of our training courses.