All the Tools in the Toolbox: Technololgy in the Courtroom

All the Tools in the Toolbox: Technology in the Courtroom Written & Presented by Richard Serpe Robert Dean

{SEMINAR//00089980.DOCX }

Table of Contents

Page 2 of 49

What’s in Their Toolbox?

We’ve surveyed the technology gurus in the legal field to see what tools they carry in their toolbox.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 3 of 49

David L. Masters’ Toolbox What programs and apps do you usually run beyond the usual Office Suite of products? Well, I don't run Word. I much prefer WordPerfect. But, beyond word processing we use Time Matters for practice management, PCLaw for time and billing, SmartDraw for illustrating lots of things but particularly diagrams and flow charts, CaseMap, TextMap, and TimeMap. What is your favorite program and app for your legal practice? Why? Can't say that I have a "favorite." They are all necessary to our practice. That said, Adobe Acrobat is the application that has allowed my office to be paperless for more than ten years. It's an all-day + everyday application in my office. Beyond the office, we use it to present evidence in court (rather than Sanction or Trial Director). Because we use it every day, its second nature and so requires little thought when displaying evidence in court.

What hardware do you carry with you to the courtroom? What additional hardware do you rely on consultants to bring? We don't have consultants bring anything to trial. I practice in rural western Colorado. The nearest consultant is at least 300 miles and five hours away.

BIY-DIY. Bring it yourself-Do it yourself. Laptop computer and spare (we keep old ones as spares that we update as necessary before trial); projector and spare lamp or backup projector (a retired unit); projection screen (size depends on courtroom and nature of proceeding); portable scanner (Fujitsu ScanSnap); and a printer just in case. Of course, bringing all this yourself necessitates bringing the extension cords, cables, tables, duct tape, etc.

David L. Masters is a partner at the Master & Sellars law firm in Montrose, Colorado. Their areas of practice involve a wide variety of issues and clients with an emphasis on municipal, business and real estate matters, employment law, transactions, litigation and appeals. Mr. Masters was the President of the Colorado Bar Association 2011 – 2012, and is a member of the National Institute for Trial Advocacy. www.mastersandsellars.com | dlm@mastersandsellars.com | 970-249-2622

Page 4 of 49

Christopher B. Dolan’s Toolbox What programs and apps do you usually run beyond the usual Office Suite of products? Trial Touch, Good Reader, Dropbox, and Evernote.

What is your favorite program and app for your legal practice?

Why? Trial Touch: it allows me to prep, organize, and try my case along with collaborating with my office staff on all documents of the case. It's the most intuitive tool out there for the iPad that I have seen.

Within seconds you can have what you want to show a jury or mediation audience at your fingertips and up on the screen and visibly see it.

When I ask a jury what helped them understand the case after, they are consistently telling me it's because I communicated well by speaking their language using the technology that most of them are familiar with.

Trial Touch is an amazing tool for legal professionals. As one of the attorneys who worked with the CEO during the development of this product, I was able to give him ideas as to what attorneys would need to make it a great working tool for them.

What hardware do you carry with you to the courtroom? What additional hardware do you rely on consultants to bring? DK Global has a LINK case that I like to use in the courthouse. It's a whole system that creates a "wireless war-room" to the iPad. There's no need to hire a technician as it takes only a couple of minutes to wheel this case in and set it up. I never have to worry about what the courthouse has (Elmo missing a light bulb, projector that doesn't display too well, or any other unforeseen technical uncertainty) I have the security of knowing what I want to show will come up display and be painless to use.

Since graduating from Georgetown University Law Center Mr. Dolan has worked tirelessly, and solely, on behalf of people who have been physically and emotionally injured by the unlawful conduct of others.

He has vast experience in representing individuals against insurance companies, fortune 500 companies, governments, hospitals and product manufacturers. www.cbdlaw.com | 415-421-2800 {SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 5 of 49

David C. Greer’s Toolbox What programs and apps do you usually run beyond the usual Office Suite of products? Beyond the usual office suite of products the only programs and apps I usually run are Slide Shark, TranscriptPad and TrialPad. What is your favorite program and app for your legal practice? The favorite by all standards of measurement is TrialPad. What hardware do you carry with you to the courtroom?

What additional hardware do you rely on consultants to bring?

When the Elmo first came on the market I used to carry mine to court along with a giant rented television, an assortment of wires and the usual array of bankers boxes and black binders. The iPad and its apps have taken most of the stevedoring out of trial work.

Now, I carry the iPad and the little mobile device that permits projection of exhibits. That's it in most courtrooms since most courtrooms today are equipped with projectors and screens. The TrialPad app is truly phenomenal in that it can hold and permit instant retrieval of thousands of pages of exhibits. Any exhibit can be instantly retrieved and displayed, and any page of a multipage exhibit can be quickly located and displayed.

If there are any fancy presentations to be made on opening statement, in closing argument, in the direct examination of an expert, or in deposition impeachment of an adverse witness, a consultant is a highly desirable part of the team. Otherwise, there is a loss of forensic rhythm and a risk of technological fumbling. But, in a case where the only need is an ability to grab and display exhibits without searching through boxes or awkwardly jumping from black binder to black binder in front of a jury, TrialPad alone saves the day. Its little sister, TranscriptPad, is a fine trial preparation device in organizing and searching testimony and depositions or prior proceedings.

David C. Greer is a partner of the firm Bieser, Greer, Landis based in Dayton, Ohio. His primary areas of practice include business disputes, civil and criminal litigation and alternative dispute resolution. Mr. Greer is an arbitrator in Commercial Disputes, and is a member of the American Arbitration Association. Mr. Greer is listed in Best Lawyers was chosen the “Bet-theCompany Litigator of the Year” in 2009and 2010. www.biesergreer.com | dcg@biesergreer.com | 937-223-3277Bill Gramann’s Toolbox

Bill Gramann’s Toolbox

Page 6 of 49

What programs and apps do you usually run beyond the usual Office Suite of products?

We use LAW, Trial Director, Sanction, and we are always looking at new developments to see if they can help us serve our clients.

What is your favorite program and app for your legal practice? Why? Production side favorite is LAW, and the trial support side favorite is Sanction. LAW has always been an innovator for the 15 years that we’ve used it. They develop new standalone apps, and after they function well alone, they bring them into the larger base application. Sanction has always been great for our demographic because we have a large percentage of small firms and sole practitioners who need to run the whole show. From very early in development, Sanction was built with that simplicity in mind. Trial Director may be somewhat more capable, but it requires more training to ring those bells and blow those whistles.

What hardware do you carry with you to the courtroom? What additional hardware do you rely on consultants to bring? We are the consultant, so we bring the hardware to present to the courtroom, generally a MacBook. I also bring my Android smartphone, but my most understated and frequently called upon helper is a tablet style mini laptop. I think the fact that it is built to run without cooling fans makes it run rather slow, but exceedingly stable. I have prepped (changed) one piece of evidence with the mini laptop while presenting to the jury with the main presentation machine. A throw of the switch puts my new evidence live to the jury, and no one even suspected all the work that just took place.

Bill Gramann is owner of Progressive Imaging & Consulting, and a provider of a full suite of litigation support services. Since 1994, he has been working with developers to provide his legal clients with solutions for scanning, conversion, EDiscovery, computer forensics and trial presentation. Services include pre-trial training and equipment rental, to full trial support including hot seat work.

He worked in the aerospace industry at Delco Electronics for over 20 years, has an associate’s degree in electronics technology, and a BA in Information Technology. www.picimaging.com | bgramann@picimaging.com | 414-221-5996 {SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 7 of 49

Rick Nemeroff’s Toolbox What programs and apps do you usually run beyond the usual Office Suite of products? I use Sanction Trial Presentation software in addition to Keynote and/or PowerPoint for Mac. We also use BeeDocs Timeline for Mac.

What is your favorite program and app for your legal practice? Why? We are an Apple OS based firm and use FileMaker Pro for Mac for our firm's database needs.

What hardware do you carry with you to the courtroom?

What additional hardware do you rely on consultants to bring? I have a custom made distribution/amplification system that allows as many as 6 different sources to be inputted and then outputted to monitors, projectors, etc. in court. I am a HUGE fan of the Elmo document camera and use it to both show documents as well as to show notes that I take as a witness testifies. I also use a flip chart and countless custom posters. In short – I use multiple mediums, with an emphasis on using paper exhibits on the elmo for the most important documents. We have gone away recently from the use of projectors and screens – instead we are using large screen monitors on stands that can be moved around the courtroom.

Founder of The Nemeroff Law Firm, Rick has over $100,000,000 in jury verdicts from cases he has tried across the U.S.A. Rick is a graduate of the University of Michigan, Ann Arbor, where he obtained his B.A. in English Literature. Rick is also a graduate of Hofstra University School of Law, where he obtained his J.D. Rick is a member of many local, state and national organizations, including AAJ and ABOTA. Rick serves as a Trustee on the Foundation Board of the Park City Medical Center and serves as a Trustee on the Board of the Park City Day School.

Rick lives in Park City, UT with his family. www.nemerofflaw.com | ricknemeroff@nemerofflaw.com | 866-435-1831

Page 8 of 49

Richard J. Serpe’s Toolbox What programs and apps do you usually run beyond the usual Office Suite of products? Desktop programs include: MindJet, Dragon Naturally Speaking, Sanction, CaseMap, TimeMap, Adobe Pro, GoToMeeting, West Case Notebook, and Dropbox. Apps: Trial Touch, WestLaw for iPad, and MindManager.

What is your favorite program and app for your legal practice?

Mindjet and Trial Touch.

What hardware do you carry with you to the courtroom? What additional hardware do you rely on consultants to bring? We bring our own printer, iPad, laptop, wireless pointer/mouse, and laser pointers.

Our consultants bring Apple TV, an LCD/large screen, and the cables.

Richard Serpe represents victims of toxic torts and environmental contamination. He has successfully tried lawsuits in state and federal courts, and resolved cases for victims across the country. Mr. Serpe also represents victims of brain damage from toxic and traumatic injuries and represents clients under the Jones Act under the general maritime law. Mr. Serpe is a frequently associated in complex litigation, managing cases with difficult scientific and medical issues. He has experience managing large case cohorts, including the extensive use of database and litigation support software.

He is listed in The Best Lawyers in America®, and has received an AV rating from MartindaleHubbell law directory and has been named a “Super Lawyer” by Virginia Super Lawyers Magazine. Mr. Serpe is admitted to practice in Virginia, Texas, and Louisiana. Mr. Serpe is a frequent lecturer, speaking nationally on technology, environmental law, and personal injury law.

Mr. Serpe serves on the Board of Directors for a grass roots environmental organization, Lynnhaven River Now. www.serpefirm.com | rserpe@serpefirm.com | 757-233-0009 {SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 9 of 49

Robert Dean’s Toolbox What programs and apps do you usually run beyond the usual Office Suite of products? My iPad is an indispensable part of my civil litigation practice. I transfer documents via Dropbox to the GoodReader app. It keeps me organized when I am away from the office. It allows me to access my mobile law library and case folders during a deposition, hearing, or trial.

What is your favorite program and app for your legal practice?

Why? At trial, my favorite app is TrialPad, which is a document presentation app on my iPad that allows me to engage with the exhibits (enhance, zoom, and annotate) during trial. It is easy to use, and best of all, requires no technical expertise to get setup in court.

All I need is a projector, a screen and my iPad to present evidence.

What hardware do you carry with you to the courtroom? What additional hardware do you rely on consultants to bring? When I go to the courtroom, I like to have a simple setup.

My goal in every case is to have a conversation of sorts with the jury, so to whatever extent I can remove any barriers between myself and the jurors, the better; that’s why I avoid laptops, boxes of documents, or other impediments at trial. Instead, my toolkit is rather simple: a yellow legal pad, my iPad, a screen, a projector, and a pen.

When I need to present evidence, it is via my iPad. I tend to avoid using a litigation consultant because I believe there is something lost when the jury is distracted by someone else controlling the presentation of evidence. I have read too many transcripts, and witnessed too many trials, interrupted by asking the consultant to “go back to that slide” or “no, that’s the wrong slide.” In my opinion, the best trial lawyers demonstrate complete mastery of the courtroom technology.

Robert Dean is an associate with the Frith & Ellerman Law Firm, PC, in Roanoke, Virginia where his practice focuses on business litigation, medical malpractice, and nursing home neglect.

Prior to joining the firm, Mr. Dean was Assistant Commonwealth’s Attorney for the City of Lynchburg. He previously worked as a clinical research assistant with the Center for Gene Therapy at the University of Michigan Medical School before joining the health care antitrust group of the Federal Trade Commission. He also writes a blog about using technology in legal practice, WalkingOffice: Apple iPad Blog for Attorneys. www.frithlawfirm.com | rdean@frithlawfirm.com | 540-985-0098

The “Tools” In Your Toolkit Page 10 of 49

It’s time for you to build your toolkit at trial. The following highlights our favorite iPad apps for going to trial – these are the tools to accomplish the following: (1) build a trial notebook, (2) organize documents in the cloud, (3) take digital notes, and (4) present your case.

Each tool shares a common purpose: less paper (and less headaches) at trial.

As we know, trial lawyers accumulate paper. It surrounds us in the form of pleadings, case files, and exhibits at trial. But nobody wants stacks of coffee-stained binders cluttering up the office.

Plus, it costs money, which means higher client bills (or fewer clients). With the following tools in your toolkit, you can leave behind the bankers boxes and carry a device the size of a day planner to take notes, access documents, and more importantly, save money.

The following section will focus on preparing for trial and making your case with an iPad toolkit By no means are these the only apps available to accomplish each task. However, they are examples of the tools you can add to your courtroom practice.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 11 of 49

Open the File GoodReader and Dropbox Dropbox is a secure, password-protected service to transfer documents from the office to the Apple iPad. Your life is about to become more productive – and mobile – because you have now discovered this amazing (free) application.

GoodReader is a file management system for the Apple iPad that allows you to organize, access, and annotate files. The folder system lets you create client folders and build a mobile legal library, and make notes on case documents.

How to Transfer and Store Documents 1. Install Dropbox on your computer (http://www.dropbox.com) 2. On your office computer, open your Dropbox folder and create a folder called “Open Cases.” Add subfolders for individual cases, and within each case, folders for “correspondence,” witnesses,” “cases documents,” etc.:

Page 12 of 49

3. On your office computer, save documents to your Dropbox folder as you work on a case:

4. On your Apple iPad, download the GoodReader app.

5. Open GoodReader and select “Connect to Servers” > “Add” > “Dropbox” and input your account information.

Sidebar: Many attorneys use cloud services like Dropbox to transfer and store case documents. Files are stored in remote servers maintained by third-party companies (“the cloud”), in places such as Ashburn, Virginia.

Like any new technology, there are concerns about data security. Bottom line, storing electronic files in the cloud is no different than storing paper files in your office, but much safer, as your files are not susceptible to a fire, theft, or an employee with sticky fingers. The goal is to take reasonable precautions, such as password protecting computers and devices, keeping a local copy, obtaining client consent to electronic storage during the retainer agreement, and staying educated. For further guidance, see NC Ethics Opinion 2011 No. 6 (http://bit.ly/QoL7mW).

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 13 of 49

6. Now it’s time to sync your office computer with your iPad to seamlessly access your documents. In the GoodReader app, select the “Connect to Servers” tab, tap on your Dropbox account, tap on the folder “Open Cases,” and select “Sync” (the bottom center button):

7. Choose the “sync” button (bottom center) and proceed through the steps as requested in the app:

8. Choose the main screen in GoodReader as your download location:

Page 14 of 49

9. Select Download and Synchronize. That’s it; you have completed the initial setup.

10. After you work on a case file at your desktop or on the iPad, click Sync and the changes will appear in the corresponding client folder in both locations:

You may sync once per day. You might meet with five clients, make annotations on their files throughout the morning, and only when you return to your desk will you sync so that your iPad notes are available on your desktop.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 15 of 49

Page 16 of 49

How to Annotate and Mark-Up Documents 1. Select the file you want to view (e.g., “Virginia Objections ’08-’09″):

2. Here is how the document appears on the Apple iPad:

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 17 of 49

3. Hold your stylus down on the screen and select “Highlight” to highlight text:

4. Select “Save to this file”:

Page 18 of 49

5. Here is the document, now saved as highlighted:

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 19 of 49

6. Hold your stylus down on the screen and select “Draw” to write in the margin:

7. Write in the margin with your stylus and save in the upper right corner:

8. Select “bookmark” to mark a page for later reference:

Page 20 of 49

Throughout the day, you can use GoodReader as your home base for saving and viewing documents away from the office or in meetings. Annotations allow you to mark-up multiple documents and save them for future reference.

How to Build a Mobile Law Library 1. Identify what sources are available online.

Sidebar: Once upon the 1990’s (and earlier), attorneys stayed current on changes in the law and recent court decisions by circulating pocket parts.

These flimsy paperbacks were the size of a Reader’s Digest, printed on tissue paper (or close to it), and often lost to desk drawers and stained with coffee. The first set of updates was still circulating long after the next set had arrived in the mail. Now, everything is now online and generally available in .pdf format. An electronic system of saving noteworthy cases in GoodReader replaces your office file cabinet, which is probably too heavy to carry to court anyways. For new attorneys, {SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 21 of 49

building a mobile law library is especially valuable. During trial, you can reference a case that you read and filed months earlier.

2. Open your iPad Safari browser, go to each court’s website, and select “Add to Home Screen”:

3. An icon is now saved on your home screen. It is much quicker to access the latest opinions in your jurisdiction with a set of icons, rather than typing through a list of web addresses.

4. On your home screen, press and hold the icon. It will shake, allowing you to drag and drop it onto another icon and create a folder. Repeat this process for each of your bookmarks:

Page 22 of 49

5. Type the name of your folder (e.g. Virginia Law) and hit the home screen button. Now, your legal research icons will be available in one location. I also include other resources, including an app for the U.S. Constitution (Free) and Fastcase (Free), by far my favorite legal research app, as described later.

6. As courts release opinions, it makes sense to file electronic copies in GoodReader, the file management app for the iPad. GoodReader is the hub where everything is stored – cases, statutes, memoranda, and notes from other apps, such as Notability or PDF Expert. It is my electronic law library and case management system.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 23 of 49

7. Open a .pdf file of an opinion in the iPad’ s browser. Save it by tapping the middle of the screen and selecting “Open in” to file it with GoodReader:

8. File the .pdf opinion in a corresponding GoodReader folder, which you can create by going to Manage Files > Create New Folder:

9. For example, if you are a criminal attorney, create folders for your state’s criminal law and subfolders for offenses and procedure: Page 24 of 49

10. Then, whenever you read a case, statute, or article on your iPad or online about a particular area of law, you can file it accordingly:

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 25 of 49

Sidebar: Dropbox and GoodReader encompass the mobile business potential of the iPad. For example, you and your staff can work on a document at the office, and by saving it to Dropbox the document is immediately available on the iPad as you run across the street to the courthouse. No more thumb drives (easily lost), compact discs (limited data size), or local file servers (expensive). Once you get to court, you can review your case documents in GoodReader, make annotations, and save any updates to the file.

Other File Management Apps: Evernote, Clio (Browser), RocketMatter (Browser), CaseManager, iAnnotate PDF, PDF Expert and OneNote.

Page 26 of 49

Legal Research Fastcase Fastcase is a free legal research tool for the iPad. The application includes case law and statutes from all 50 jurisdictions. For a fee, you may upgrade to further access administrative cases, treatises, and other reference materials.

How to Research Case Law 1. Open the application and select whether to search for cases or statutes:

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 27 of 49

2. You can refine your search by jurisdiction, date, court, and authority:

3. Enter your search terms, which may be Google-like in their simplicity:

Page 28 of 49

4. Results are listed by relevance with brief summaries:

5. If you are waiting in court for your case to be called, you could be drafting a memo with Fastcase for later formatting at the office.

6. Select the portion of the opinion that you wish to incorporate into your memo or brief. To copy text on the iPad, press your finger at the beginning of the section, then scroll through the paragraph and select, “Copy�:

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 29 of 49

7. Double-click on the Apple home button to switch to GoodReader. Go to Manage Files > Create New .TXT File. Press and release your finger on the screen to paste your legal research into the memo, and save your work.

8. Once you have pasted the text, double-click again on the home screen to return to Fastcase to continue your research. Repeat as necessary with other sources of authority, and remember to save your work.

9. When you finish, go to GoodReader and either email the .txt file to your office computer for formatting (select the box-and-arrow button to email) or if you are connected to Dropbox, simply press the GoodReader sync button.

10. Now, when you return to the office, a quick “select all” and “copy/paste” into a Word document will allow you to format your memorandum.

Other Legal Research Apps: LexisAdvance, WestlawNext, Lawstack, U.S. Constitution, and Virginia Code.

Page 30 of 49

Review a Deposition TranscriptPad TranscriptPad allows you to read, mark up, and share PDF documents on your iPad. You can use it to prepare for and argue motions, or even as a trial notebook. Although the app does not support all e-tran formats, you can convert upload transcripts (.txt files) and exhibits (.pdf files) for review.

How to Review a Deposition Transcript 1. Open TranscriptPad and create a new case folder:

2. Click on the Dropbox icon to import a transcript (.txt), or if the file has been sent by email, use the “Open-In” feature to add it to the case folder.

3. Tap the middle of the case folder to access each of the deposition transcripts that you have uploaded. Select the transcript you want to review. You can page through the {SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 31 of 49

transcript using the slider on the right side of the screen, or you can press the Play button to scroll automatically.

4. To begin your review, tap the gray area on the left side of the transcript on the numbered lines. Press and drag along the numbers to highlight a section.

5. You can select different colors for different issue codes. This helps you graphically review the transcript while selecting and saving certain sections:

6. You can also “flag� a section, which allows you to add a note in the margins that is saved for later.

7. You can search all deposition transcripts for a particular phrase, and the results are displayed by page and line:

Page 32 of 49

8. When you finish your review, select the action (box-and-arrow) button in the lower left corner to generate an email with the sections of the deposition that you have designated by issue:

9. The designated selections will appear in the email body: {SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 33 of 49

10. You can also generate a report (.txt or .pdf) by issue, flags, or notes:

11. You can then email the report to your office or opposing counsel:

Page 34 of 49

12. Your highlights, notes and other annotations are saved automatically.

Other Deposition Apps: Mobile Transcripts and any of the above .pdf file apps, such as GoodReader, which can be used to annotate transcripts.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 35 of 49

Making Your Case Taking Witness Notes

Notability Notability is an app for taking electronic handwritten notes that also makes it easy to record, circulate and retrieve your thoughts. You can type text, add pictures and sync to Dropbox. Each note you take is saved as a .pdf file.

Key Features 1. Type Text •

Use iPad Keyboard or External Bluetooth Keyboard.

•

Choose font, color, size, and style.

•

Outline mode (bullets or numbers)

2. Write Text •

Handwrite notes, which works best with a stylus.

3. Highlight •

Choose width and color.

4. Record Audio 5. Edit Pages •

Select and move sections of text, or entire pages.

6. Insert Media (Audio, Pictures, or Graphs) 7. Circulate Notes • Export via Dropbox, Email, or “Open-in” GoodReader and other iPad apps.

• Auto-Sync notes to Dropbox or other cloud services, to be available on your office computer.

8. Organize Notes • Create folders, subfolders, and personalize paper selection.

Page 36 of 49

How to Take Handwritten Notes on the iPad 1. To create a new note, open the app and select “Create a New Note�:

2. Select the pen icon in the menu bar, then click on the magnifying glass icon in the lowerright:

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 37 of 49

3. Start writing in the zoom box at the bottom of the screen:

4. The zoom box lets you write a page of notes without feeling that you are drawing with a large Crayon. To advance the row, click on the arrow icons, and to select a new row, click on the return-arrow icon.

5. You can also add pictures (lower-left icon), type notes (“t|� icon in the menu bar), erase what you have written (eraser icon in the menu bar), and change your pen type (tap the pen icon a second time in the menu bar).

Page 38 of 49

6. As you write, you can also record background audio. To record, open a new note and tap the microphone icon in the menu bar so that it turns red.

7. Click the library button in the upper corner to return to your other notes.

8. To stop recording, tap the microphone a second time. You can listen to the audio by tapping the play button.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 39 of 49

9. When you are finished with a note, click on the box-and-arrow icon in the upper-left corner, and select “Choose Destination” (Email, Dropbox, etc.):

10. Select “Choose Format,” and move the on switch for Paper (as a .pdf file) and Recordings (sending both will create a .zip file):

11. If you send a note that includes both the written notes and an audio recording, the entire note (.pdf file plus audio file) will email as a .zip file, which you must unzip at your desktop once you receive it at the office.

Page 40 of 49

12. If the audio file is small (less than 10 minutes), you can use either email or Dropbox to send your note to your office.

13. If the audio file is large (greater than 10 minutes), email won’t work – instead, use Dropbox as a secure tunnel to move your audio file to your desktop computer. The notes will take several minutes to process and upload to your Dropbox account, depending on the length of the audio recording. The best advice after a lengthy hour hearing is to start the upload at your office, then set your iPad aside on your desk while you complete other work.

14. Remember, you can always “Open-In” the note and recording to the GoodReader app to file it away in the corresponding client folder. The file size will not matter for this method, and you can play recordings from within the GoodReader app, always useful as you prepare for court.

Sidebar: For more information, go to the developer’s website, http://www.gingerlabs.com/cont/notability.php Other Note-Taking Apps: Note Taker HD, Penultimate, UPad, Remarks, Paper by FiftyThree, PlainText, Ghostwriter Notes, and Noteshelf.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 41 of 49

Highlight Exhibits TrialPad TrialPad is an app for presenting documents, photographs and other exhibits during trial. You can create client folders and open multiple file formats (including .jpeg and .pdf) within each case file in the app. The documents render beautifully when displayed through a VGA or HDMI connection, which connects the iPad to the courtroom projector system.

TrialPad is easier to use than laptop software. Simplicity matters, especially when adding technology to a law office with multiple staff who will use the application in court. Features include “nightly news�-zoom on text, highlighter, laser pointer, and red pen, each to graphically display exhibits.

How to Present Exhibits 1. When you open the application, you will see a file folder.

Page 42 of 49

2. Click on the Dropbox icon to upload your documents.

3. Open your file folder. Your documents will be in the upper-left corner.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 43 of 49

4. Select a document and slide the output bar to “open� for it to appear on a digital display (TV, overhead projector, etc.). Do not forget to plug in your iPad with a VGA-connector.

5. Use the tools at the top to manipulate and highlight the document. For example, you can highlight a section:

6. And zoom in on that portion of the document:

7. TrialPad is perfect for civil litigation, especially in disputes with contracts.

Page 44 of 49

Sidebar: Contract cases are less than riveting courtroom fare. But if you use presentation software, such as TrialPad’s zoom feature to highlight key sections of a contract? A pedantic procession of documents is suddenly more interesting to the fact-finder. You can be a lone wolf in the courtroom because the app is easy enough to use without an assistant.

The presentation is seamless with a little practice.

Other Trial Presentation Apps: Exhibit A, Keynote, TrialTouch, Keynote, Air Display, Sliderocket, Power Presenter, SlideShark, and 2Screens.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 45 of 49

Closing Argument ExhibitView ExhibitView is a presentation app that can be used to display and highlight exhibits at trial, mediation, arbitration, or pretrial hearings. It is easy to use and very functional. You can transfer files from your PC or Mac into the app using a cloud service, such as Dropbox (www.dropbox.com), or with the “Open-in” function from email and other apps, such as GoodReader.

In addition to being intuitive and easy to learn, the customer support is excellent (go to www.exhibitview.net). A call or an e-mail receives a response within a matter of hours, even on the eve of trial.

How to Get Started 1. When you open the app, select “new project” to create a case file.

2. Click on the Dropbox icon to access the exhibit files on your desktop.

Page 46 of 49

3. Add a checkmark next to the exhibits that you want to import.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 47 of 49

4. Select “Import Selected Files and Folders” to add the files to your case.

5. You can also add photos that are saved to your iPad camera roll.

How to Display Exhibits 1. After you import your files and photos, select your case.

2. Your exhibits and other files will be listed in a vertical column on the left side of the display screen.

3. Choose the exhibit that you want to display:

4. Slide the presentation bar to “Presentation Mode” in the middle of the screen to prepare the exhibit. Tap the red projector button in the upper right corner from “Off” to “On” to show the exhibit to the jury.

5. Along the top of the screen, you will see the tool bar with icons that perform various functions: call-out zoom, rotation, highlighting, underlining, undo, redo, erase, print, screen shots, projector, and clear screen.

6. There are two display modes: split-screen or full-screen.

Page 48 of 49

7. Tap on a file to add it to the center display screen. A single tap moves it to the center; a tap on the file, then the left side of the screen puts it on the left; a tap on the file, then the right side of the screen puts it on the right:

Sidebar: Jurors appreciate trial technology. Consider how jurors already obtain their information: laptops, tablet computers, smartphones, and television. As an attorney, you enter familiar territory for a juror by displaying electronic demonstrative exhibits. Plus, jurors implicitly trust an attorney who commands the courtroom, rather than hiring a paralegal or a trial technology consultant to run a computer at counsel table.

Moreover, it’s cost-effective to leave the laptop and expensive trial presentation software at the office.

Other Trial Presentation Apps: Exhibit A, Keynote, TrialTouch, Keynote, Air Display, Sliderocket, Power Presenter, SlideShark, and 2Screens.

{SEMINAR//00089980.DOCX }

All the Tools in the Toolbox: Technology in the Courtroom

April 4th, 2013

Page 49 of 49