In This Issue:

	Feature Article: Beat the Devil in the Details – Partner with Trial Logistic Consultants at Trial
	Litigation Minute: A Powerful Case for Courtroom Presentation Technologies
	News & Events

Feature Article: Beat the Devil in the Details – Partner with Trial Logistic Consultants at Trial

While today's harsh economic climate may force firms to make sacrifices in personnel, the rigors of trial remain unchanged. When trying a case in a location distant from the home office, a legal team needs logistics support: war rooms need to be created, internet and telecommunications need to be set up, food needs to be catered, etc. In such situations, the devil is in the details.

Firms are confronted with the paradox of maximizing their comfort and effectiveness in a far off locale while ensuring that the firm's lawyers and paralegals are able to focus on the substantive issues of the case without having to worry about the minutiae of on-site logistics. Using external consultants to provide logistical support creates a cost-effective resolution to this problem.

Companies offering war room support and trial logistics are equipped with the expertise to ensure that a legal team has everything it needs as trial approaches and during the trial itself. Project managers coordinate the necessary services, organizing everything from war room space procurement and equipment rental to transportation and catering – all provided in a location that suits the specifications set forth by the trial team.

Specialized technology consultants can work with IT staff from the firm to recreate the computing environment that attorneys are accustomed to in their home office including e-mail programs, databases, phone systems and Internet access. This helps to smooth out the bumps that come with relocating for a trial and eliminates a potential source of stress, further allowing attorneys and paralegals to focus on legal issues rather than worrying about logistical details.

Companies providing on-site logistics and war room support often provide such services for less than the market rate of a paralegal, while at the same time utilizing the expertise provided by specialized training and prior war room experience. Moreover, firms who outsource their courtroom technology benefit from the seamless and efficient services offered by consulting companies that can provide both services.

Providing comprehensive support is only one aspect of trial logistics. An important part of outsourcing logistics is the determination of what is necessary for any given situation. Companies offering trial logistics services have developed the flexibility to provide as much or as little logistical support as a legal team needs, for as long as the legal team needs it. Firms may need a project manager for the war room, for example, but may have in-house IT staff to deal with the technical issues. Likewise, some firms need only technical support, without any of the accompanying office management services that trial logistics consultants often provide.

Law firms are faced with tough staffing decisions with the current economic crisis. This potential hardship can be tempered by the ability to make the most of the personnel that a firm has by employing flexible, situation specific consultants to ensure that a trial team's lawyers are focused on the case at hand, and are not being distracted by the devil in the details of logistics.

Special thanks to James Watkins, Kroll Ontrack/TrialGraphix, Director of Operations, Trial Technologies, for his contribution in writing this article. Mr. Watkins specializes in developing and coordinating trial presentations and logistics support for complex litigation cases. He can be reached for question or comment at james.watkins@trialgraphix.com.

Litigation Minute: A Powerful Case for Courtroom Presentation Technologies

Legal teams can now present complex material in a more dynamic manner than ever before, thanks to technological advancements. In doing so, it is possible to make a significant impact on jurors and case outcomes. Legal teams should strongly consider utilizing courtroom presentation technologies such as visual aids, interactive graphics and audiovisual presentations at trial.

Courtroom presentation technologies positively influence jurors in the following ways:

• Improved Comprehension. "A picture is worth a thousand words" – a cliché, perhaps, but true. Visual images can present information in a manner far clearer than words alone. The brain responds powerfully to visual stimulus, increasing comprehension of the information presented.
• Increased Memory. Visual images, as opposed to words, tend to dominate most Americans' learning style. Studies have found that a majority of people prefer to learn through presentations that include visual and auditory elements, rather than through auditory means alone. The brain is designed to move smoothly back and forth between auditory and visual memory sites when it is presented with both visual and auditory information in an integrated format. When the brain is confronted with both, working memory increases improving retention of the information presented.
• Flexibility. Interactive graphics provide trial attorneys with the ability to adapt their presentation to the jury immediately, allowing them to change the direction of their argument instantly based on juror reaction.
• Juror Impression. Research has shown that courtroom presentations using technology to highlight documents, present custom graphics, show videotapes of witnesses to jurors, align more closely with the way jurors are comfortable receiving information (e.g. the Internet, television and smart phones). Many attorneys find that jurors are far more responsive to presentations that include both visual and auditory components.

The case for utilizing trial presentation technologies is powerfully simple – embracing technology to create powerful demonstrative exhibits will significantly increase the likelihood of success at trial by persuasively and memorably conveying arguments to the jurors.

News & Events

Download Kroll Ontrack's Recent Podcast, "Federal Rule of Evidence 502, Privilege Review Strategies & Textbook Discovery Abuse"
Do you know enough about Rule of Evidence 502? In this edition of the ESI Report, host Gina Jytyla, Managing Staff Attorney in the Legal Technologies division at Kroll Ontrack, welcomes Patrick Oot, Senior Counsel & Director of Electronic Discovery for Verizon, and Gina Day, Legal Consultant for Kroll Ontrack, to discuss the recent developments and impact of Federal Rule of Evidence 502 since its enactment. Included in this discussion is a look at effective strategies for controlling costs during privilege review. In the Bits & Bytes Legal Analysis segment, Kroll Ontrack Legal Correspondent, Meridith Socha, will look at the discovery order issued in Kipperman v. Onex Corp. To listen to the podcast, visit www.krollontrack.com/legal-technologies-podcasts/.

Enhanced E-Discovery Certification Course Propels Litigation Teams to New Heights
Given the current economic condition, corporate clients are being forced to cut back legal and IT budgets, while the threat of sanctions due to improper ESI handling continues to rise. Become an e-discovery expert to prevent your firm or corporation from becoming the next headline. Kroll Ontrack's 2009 E-Discovery Certification Course is ideal for legal and technical professionals of all levels, especially in-house counsel, law firm attorneys, litigation support professionals, paralegals, IT staff, and members of the judiciary. Upon completion of this program, you will be able to make informed decisions regarding ESI, be prepared to negotiate at the meet and confer and understand the most current e-discovery law. For more information and to register for an upcoming course, visit www.krollontrack.com/certification-courses/.

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This newsletter was written by Meridith Socha and Kelly Kubacki, Kroll Ontrack Law Clerks, with assistance from Regina Jytyla, Kroll Ontrack Managing Staff Attorney. Ms. Jytyla can be contacted by writing to gjytyla@krollontrack.com.

For more information about electronic discovery and computer forensics services, contact Kroll Ontrack at 800 347 6105 or visit www.krollontrack.com.