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ABA Law Practice Managment Section
Law Technology Today (EDD, Litigation, and Law Office Technology)

VOL 1 NO 2   In this Issue of Law Technology Today :: April 2007

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  This article originally appeared in TechnoFeature, a weekly newsletter of TechnoLaywer, on April 18, 2006. Used with permission.

Still Using Version 1.0? Here's What's New in Trial Presentation Software

If you are working with an old version of your trial presentation software, you could be missing out on some key tools and cost-efficiency. With new features and improved functionality, it's about time you upgraded. Take a look at these frontrunners in trial presentation software.

Depending on who you talk to, any one of the trial presentation software's listed below are at the top of the list. Each of these packages does an excellent job in presenting evidence at trial. Much has changed since the early development days of these packages. So, if you're still using Version 1.0, time to get UPGRADE!

Verdict System's Sanction

Since its inception, Carp, Dan and Mike, have come a long way with their trial presentation package. Originally to be called Verdict, Sanction was first released on July 7 th 1999, as Version 1.4. Since then, it has continually changed and is one of the top trial presentation tools. But if you haven't upgraded to the latest Version, now 2.8, you are missing out on some valuable features.

To begin, the document image annotation tools have changed drastically. You can now magnify documents or "tear-out" portions of documents while having the background document shade to a faded gray, giving a better contrast to show the tear- out.

Sanction now allows an end user to "export" out deposition video clips from the Clip Converter into Windows Media Video files. The new Convert Video Clips allows you to actually export and cut out small WMV files that can be e-mailed or sent to anyone with a PC that has Windows operating software. The receiver of these files doesn't even need to have Sanction. All they need is an industry standard media player that can view a WMV file. The feature also embeds the synchronized text within these files allowing the viewer to see the transcript text below it.

One of the many new utility or Special Functions is the ability to convert images to any of the following formats: Group IV TIFF, Color TIFF, BMP, JPEG and GIF and PDF. It also includes a PDF plug in to support the presenting of PDF document in the trial presentation mode.

For those of you who don't have a case management system or would like all your coded data integrated into one place, Sanction now has its own coding module. The coding tool allows end users to customize and build a database behind their document or exhibits. This tool allows an end user to code a database or import one from another application, then run searches in court to find certain documents or exhibits. With another click, the desired document can then be quickly displayed in trial presentation mode.

Sanction has now included support for Dual Monitors, allowing a user, in dual monitor mode, to view the preview mode on their laptop while "projecting" the trial presentation mode onto an external monitor or a projector screen. This allows an end user to work in the preview mode, while the audience (or jury) in a courtroom can only see the presentation mode.

For those who are happy with their case management system, Verdict has developed certain scripts that will allow case management owners to integrate Sanction as their viewer and presenter while using the features of their favorite case manager. By running the Verdict Integrator you can integrate Sanction with LiveNote, CaseMap, TimeMap, Real Legal Binder, Concordance and Summation. In this mode, a user can still use all the searching features of these packages while using Sanction as the viewer. Once you find a document you want, with a simple right mouse click, you can immediately project the document directly into Sanction trial presentation mode. The same can be done for transcripts, whereby once you find a deposition excerpt you want, again, right mouse click and immediately show the text portion or even better, the synchronized video.

When creating multiple video clips, Sanction has the ability to Script in specific exhibits. For example, during the playback of a video clip, you can program the software to automatically script in exhibits to come up and share the screen with the deposition video. You can then program when the exhibit leaves the screen making it possible for the playback of a witness via deposition video to include the display the exhibit they are testifying to.

One of my favorite features of Sanction has always been its ability to export out load files for a variety of litigation support packages. Once you load images into Sanction, an end user can export a load file, take the same image set and load it into in one of the following litigation support packages. And if you can't find one that you want, this feature has a custom export that lets you create your own, making this tool a must have for any litigation support professional. Competitively priced, this package has definitely come a long way since the early days when this company first started with 1.4.

inData's TrialDirector Suite

One of the early pioneers of trial presentation software, if not the pioneer, is Brent Sandstrom of inData. Brent developed one of the original packages in trial presentation software known as Trial-Link. After leaving a development company, Brent and his associates at inData developed their own tool, TrialDirector. Robust and sexy trial presentation software, TrialDirector has been lingering in courtrooms since its first release in 1996 and has been improving every year. Since then, Brent, Derek Miller and the inData Development staff keep improving this tool.

The biggest change I have found with this package is the integration of all three modules into one. Now, by purchasing the "Suite," you get DocumentDirector, DepoDirector, TrialDirector and TimeCoder Express all in one.

One of my favorite features has always been in the TrialDirector presentation mode when enhancing and annotation documents. Now, TrialDirector has incorporated some new tear out features that improve their already slick document annotation tool of magnifying a document. They now include seven new tools to use for their tear-out features for this popular tool. The "tear-out" feature allows you to tear out a portion of the document while keeping the background document behind. It also allows you to slide the torn out section around the document by using a simple click and drag.

They also have improved their deposition video clip creation tool in DepositionDirector, making it easier to "fine tune" and edit video clips when the time stamping process has caused slight errors in the beginning and ending of a clip. The graphic interface is easier to work with and makes this editing process a snap.

Other new features are the Transpose tool, which allows one to "transpose" two signatures from two different documents by placing one on top of each other. TrialDirector has also added a PDF tool to allow end users to work directly with PDF's. Thus, allowing one to zoom, highlight an annotate PDF's.

They also have integrated well with their timeline tool that allows for production of 3-D interactive timelines. Timeliner Xpress allows one to import timeline events from text files or by using Summation Event Manager directly into this application, making the generation of timelines very easy. The tool has the ability to link to exhibits that have been loaded in the DocumentDirector suite.

TrialDirector has a smooth integration with many other software packages, allowing you to use your favorite case manager while using TrialDirector as your viewer and presentation in court. The integration with these other software packages allows you to stick with your case management software up to and during trial.

And for those who want a peek at features arriving in the New Version 5.0, here is one exciting tool: TrialDirector will allow a user to export out portions of a transcript from TrialDirector directly into PowerPoint. The result is an automated playback in PowerPoint with the correct video and layers of text that are synchronized, thus, making the use of video in an opening or close in PowerPoint very easy.

Finally, one of TrialDirector's strongest features is its report generation functionality. Using this tool, one can generate a report of key exhibits with a thumbnail of the exhibit, a bar code for using a bar code reader and just about any description you could want. In general, you can't go wrong with inData's TrialDirector Suite.

CaseSoft's TimeMap

What has always been amazing about CaseSoft's TimeMap is that it solves one aspect of trial presentation: Timelines. It is still one of the most popular tools on the market and at the top of any poll found in the litigation support publications. A widely used tool, CaseSoft has constantly improved their product to keep up with the success of its case management tool, CaseMap.

If you're still using version 1.0 with this tool, your in for a big surprise.

For starters, one of the biggest additions to this tool is the "Send to PowerPoint" feature. This feature makes it easy to create PowerPoint slide shows based on a TimeMap timeline graph. By using the new import to PowerPoint, one can take a TimeMap timeline containing 15 facts and send it directly to PowerPoint.  The feature instantly generates a PowerPoint slide show containing 15 separate slides, each with the next fact in sequence presented front and center.  Facts that have been shown on prior slides are faded back, but visible.  Future facts are hidden.  Pressing F5 in PowerPoint kicks off the presentation and you're viewing a slide show in which the timeline builds from slide to slide. The feature allows you to use the "animation" features in PowerPoint after saving hours of time building each event.

TimeMap now has a new vertical time scale orientation that results in an entirely new style of timeline graph.  The new tool allows for an easy view of a timeline in a vertical view rather than the traditional horizontal view. This type of timeline can be viewed and sent to PowerPoint in the same way horizontal timelines can.

The limit for pages has now been increased from 20 to 100 pages. Templates have been upgraded to give timelines a better selection of gradient fills for chart backgrounds, for time scales, and in facts themselves.  And TimeMap 4's new Template feature makes it easy to put these sharp looking styles to work.

They have also added the ability to include title and introduction pages along with your timeline graph. These graphics might include your organization's logo and can be employed in the headers and footers of title and introduction pages.

And to keep up with the Adobe PDF world, TimeMap has the ability to create PDFs of timeline graphs.  You don't need to own a full Acrobat license.  There's even a "PDF & Email" option right on TimeMap 4's toolbar.  When TimeMap 4 creates a PDF, it goes so far as to add a bookmark for each fact, thereby making it easy to navigate to different events in the timeline.

For the price, this tool is a no-brainer. If you're still using Version 1.0, you need to look at TimeMap 4.0.

Visionary Legal Technologies' Visionary

Visionary has 3 elements to its presentation tool and much has changed since the early days when it first hit the streets in the early 90's. What has changed the most with this tool is the price. IT'S FREE. As their web site says, "no strings attached." Now that's what I call an upgrade. If price is an issue, it is worth giving this tool a ride. If you haven't upgraded Visionary in years, its time – and the price is something you can live with. Like many of the other trial presentation software, the tool has improved its functionality.

In the early days, Visionary users could only use features of the software provided they had their data, for example video and text, processed by a proprietary service bureau. Handcuffing the end user to use a vendor they may not be comfortable with was a tooth sore for many of its customers. Since then, Visionary changed its model to put the technology back in the hands of the law firm. You can now use any digital video MPEG-1 file and have your text synchronized by anyone who can prepare a load file into this package.

Ask any user what they like the most and they will probably tell you the Issue Builder. It is the most demonstrated feature among the Visionary reps and the most talked about. This feature allows an end user to create "Issue Builders" based on your choice of criteria, e.g., subject, key points, arguments, etc. and drag and drop documents, video clips, pictures, etc. into those outlines. Integrated within the Issue Builder is the Fact Database. The Facts Digest Wizard is a versatile reporting tool that allows you to filter, group, and sort facts into Issue Builder outlines. The wizard prompts you to design the outline structure, filter which designations, events, issues, and people to include in the report, which depositions should be included, set the sort order, and lastly, determine to which Issue Builder these facts should be added.

In addition to the functionality of the Issue Builder, Visionary allows you to export to an XML file format compatible with your favorite web browser. What this does is allow you to export elements from your Issue Builder and send them to anyone with a PC and a web browser. Once the recipient gets this file, they can easily click on documents, video and graphics like a web page. They don't even need a copy of Visionary to view its contents.

When using video deposition to display in court, taking out the objections can be cumbersome and tedious. Visionary has an "Objection Editor" in which users can mark objections or other text on the fly, which will automatically be muted out and unseen while still showing allowable synchronized text with video in Court Viewer Mode. This will save time and video edits by being able to mark objections on the fly.

Visionary has import and export tools that allow you to work with a variety of litigation support packages. This makes it easy to bring in a document image set from many case management systems.

Visionary also has support for dual monitor presentation, which is a must have for trial presentation. Dual monitor, as explained above, allows the end user to have a preview mode on one screen while "publishing" out the presentation screen on another. The integration of this tool makes for a unique feature of on the fly video editing. This feature combined with dual monitor allows the end use to make instant changes to video deposition clips while presenting in trial. For example, if during the playback of a deposition clip, one is asked to play the previous 5 lines, Visionary has a feature that now allows that to be done effortlessly. Just highlight the lines that are necessary and click on the "gavel" icon to play in trial presentation mode.

One of my favorites is the ability to script your presentation windows any size to show video in combination with scrolling text and images. By using Visionary's presentation scripting tool, you can make the video window any size and place it anywhere on the presentation screen. The same can be done with the designated window for the scrolling text and image window.

The Up and Coming Tools

Here's a brief blurb about some new contenders in the trial presentation market.

Trial Smart, a feature-filled tool for the MAC user is out and on the streets. Utilizing the multi-media playing capability of the Apple's operating software (OSx) and the digital video playback capability of Quick Time and MPEG-4 makes this a powerful tool for the MAC user.

VI-Sync by Jensen Media is another tool that has support for the MAC user. The developer has also integrated a version for Windows, making it a tool for both operating systems. This recently released tool has speed syncing for video and easy to learn features.

About the Author

is CEO and founder of Legal Technology Consulting, Inc. He is a nationally recognized speaker and author as well as one of the country's top trial consultants in the areas of trial strategies, trial presentation, courtroom technology, and computerized litigation support. Tim's vast trial consulting experience provides expert insight to clients on strategies for the best use of technology to create effective illustrative presentations for jury comprehension. He is also an adjunct professor at Sacramento's McGeorge School of Law, Southwestern University School of Law in Los Angeles, and University of Denver, teaching Computer Assisted Litigation.

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