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Commerce www.cianj.org 36 GREAT ADVANCES IN COMPUTER HARDWARE and software technologies, including mobile computing, have now made it possible for lawyers to present their cas- es to judges and juries alike with entertaining clarity and persuasiveness. The time-consuming and distracting process of presenting evidence by holding up pictures on easels, passing documents to the judge or to the jurors, is slowly giving way to a new, faster and clearer way of find- ing the facts and implementing justice. The technology will enable lawyers to be more efficient and probably more suc- cessful in presenting their clients' cases. A sophisticated trial attorney nowadays must be familiar with “trial presentation” software. Whether the case is small or complex, documents, images, video, customized anima- tions and even digital movie clips can be contained in a small notebook computer and used to effectively demon- strate evidence. This is achieved through a software pro- gram that allows the user to collect the data to be used, pres- ent it, annotate it, display it and manipulate it in any num- ber of ways. For example, the critical language of a contract can be displayed on a projection screen in the courtroom using a notebook computer connected to a projector. Once dis- played, the language can be magnified, annotated, circled, and positioned next to, above, or below other exhibits. This is surely more effective than handing out copies of the con- tract document with its fine print for the fact finder to read or a “blown up” foam-board exhibit which not everyone may see and that once marked or annotated, cannot be erased or juxtaposed against other exhibits. Pictures can also be shown in vibrant colors and can be annotated as well. Animations and digital movie clips with sound can also be presented and displayed in many config- urations. The most fascinating aspect of this technology is that these presentation modes can be combined with each other in a choreographed display of lawyer-guided wizardry. Video testimony can be synchronized with the text of a deposition and displayed on the large screen, scrolling in harmonious synchronization with the witness’ testimony. Digital controls allow the user to stop, rewind or fast-for- ward the clip, as in a DVD or VHS player. Trial presentation software also allows the user to use “bar codes” which are then scanned with a pen tool to instruct the computer to show a particular exhibit or retrieve a pic- ture, document or video clip. Just like the bar scanner in supermarkets, the bar scanner allows for the retrieval and display of data very quickly and efficiently. The technology may shorten the time it takes to try a case, especially cases involving voluminous documents. This means cost savings for the client in minimizing attorney time in the courtroom. Quicker and more efficient presen- tation may also lead to quicker and more accurate results. The software is easy to learn and relatively inexpensive ($700 for one license, for example). Once mastered and implemented, it repays itself many times over when suc- cessful results are obtained. The goal of the trial lawyer is to win. Through the use of presentation software, the trial lawyer ensures that the fact-finder understands and retains in his mind the documents and testimony presented. These days, as technology impresses us in every aspect of our lives, judges and jurors will likely be very accommodat- ing in allowing and watching these fascinating tools for an entertaining and informative display of evidence. One won- ders how this technology possibly could have changed the course of legal history had it been available, for example, in the Scopes trial on the theory of evolution or Galileo’s heresy trial in Rome in 1633. The true breakthrough to cel- ebrate in our field is that technology has made the discov- ery of the “truth”—the goal of our system of justice— arguably easier, if not less boring. Daniel R. Guadalupe, Esq., is a partner with Norris, McLaughlin & Marcus, P.A. New Trial Technology Changes the Courtroom BY DANIEL R. GUADALUPE,ESQ. NORRIS,MCLAUGHLIN & MARCUS, P.A. The true breakthrough in our field is that technology has made the discovery of the “truth”—the goal of our system of jus- tice—arguably easier, if not less boring.

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GREAT ADVANCES IN COMPUTER HARDWAREand software technologies, including mobile computing,have now made it possible for lawyers to present their cas-es to judges and juries alike with entertaining clarity andpersuasiveness. The time-consuming and distractingprocess of presenting evidence by holding up pictures oneasels, passing documents to the judge or to the jurors, isslowly giving way to a new, faster and clearer way of find-

ing the facts and implementing justice. The technology willenable lawyers to be more efficient and probably more suc-cessful in presenting their clients' cases.

A sophisticated trial attorney nowadays must be familiarwith “trial presentation” software. Whether the case is smallor complex, documents, images, video, customized anima-tions and even digital movie clips can be contained in asmall notebook computer and used to effectively demon-strate evidence. This is achieved through a software pro-gram that allows the user to collect the data to be used, pres-ent it, annotate it, display it and manipulate it in any num-ber of ways.

For example, the critical language of a contract can bedisplayed on a projection screen in the courtroom using anotebook computer connected to a projector. Once dis-played, the language can be magnified, annotated, circled,and positioned next to, above, or below other exhibits. Thisis surely more effective than handing out copies of the con-tract document with its fine print for the fact finder to reador a “blown up” foam-board exhibit which not everyonemay see and that once marked or annotated, cannot beerased or juxtaposed against other exhibits.

Pictures can also be shown in vibrant colors and can beannotated as well. Animations and digital movie clips with

sound can also be presented and displayed in many config-urations. The most fascinating aspect of this technology isthat these presentation modes can be combined with eachother in a choreographed display of lawyer-guided wizardry.

Video testimony can be synchronized with the text of adeposition and displayed on the large screen, scrolling inharmonious synchronization with the witness’ testimony.Digital controls allow the user to stop, rewind or fast-for-ward the clip, as in a DVD or VHS player.

Trial presentation software also allows the user to use “barcodes” which are then scanned with a pen tool to instructthe computer to show a particular exhibit or retrieve a pic-ture, document or video clip. Just like the bar scanner insupermarkets, the bar scanner allows for the retrieval anddisplay of data very quickly and efficiently.

The technology may shorten the time it takes to try acase, especially cases involving voluminous documents.Thismeans cost savings for the client in minimizing attorneytime in the courtroom. Quicker and more efficient presen-tation may also lead to quicker and more accurate results.

The software is easy to learn and relatively inexpensive($700 for one license, for example). Once mastered andimplemented, it repays itself many times over when suc-cessful results are obtained. The goal of the trial lawyer is towin. Through the use of presentation software, the triallawyer ensures that the fact-finder understands and retainsin his mind the documents and testimony presented.

These days, as technology impresses us in every aspect ofour lives, judges and jurors will likely be very accommodat-ing in allowing and watching these fascinating tools for anentertaining and informative display of evidence. One won-ders how this technology possibly could have changed thecourse of legal history had it been available, for example, inthe Scopes trial on the theory of evolution or Galileo’sheresy trial in Rome in 1633. The true breakthrough to cel-ebrate in our field is that technology has made the discov-ery of the “truth”—the goal of our system of justice—arguably easier, if not less boring. ■

Daniel R. Guadalupe, Esq., is a partner with Norris, McLaughlin &Marcus, P.A.

New Trial Technology Changes the Courtroom

BY DANIEL R. GUADALUPE, ESQ.NORRIS, MCLAUGHLIN & MARCUS, P.A.

The true breakthrough in our field is that technology has made the discovery of the“truth”—the goal of our system of jus-tice—arguably easier, if not less boring.

Oct ISSUE 9/10/03 10:19 AM Page 36