Using Computer Programs for Case Preparation and Trial
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Using Computer Programs for Case Preparation and Trial Presentation: What can you do on your own? David McFarlane, Attorney Beth Heiting, Paralegal Bell, Moore & Richter, S.C. Madison, WI For the past 20 years, I have been using legal-specific and generic programs for case preparation and for about the past 10 years have been using a computer at trials, during opening statements, examination of witnesses and closing argument. I am convinced that computer programs can be valuable (I think essential) tools for my work as a trial lawyer because they help me be more efficient and effective in the preparation of a case and at trial. When used appropriately, and with a reasonable amount of planning, computer programs allow us to quickly and accurately display exhibits and demonstrative aids, and allow us to clearly emphasize the important points in a document in ways that juries appreciate. We will discuss the following programs that we use on almost every trial: LexisNexis CaseMap 6.1 Mindjet MindManager 14.1 Adobe Acrobat 9 Pro Microsoft PowerPoint 2010 LexisNexis TimeMap 3 LexisNexis NoteMap 2 LexisNexis Sanction 3 The discussion of these programs is not meant as an endorsement of the programs. It only means they are the programs we now use. There are alternative programs which may well be better than what we use or that may be more suitable in your practice. We intend only to demonstrate how various types of programs, of which the ones we use are examples, can help a trial lawyer be more efficient and effective. At the end of the article we will list sources of information for these programs and for some alternative programs. GENERAL PRINCIPLES Everything discussed in this article can be done without computers; but, in our opinion, not as efficiently or as effectively. When I started as a trial lawyer more than 30 years ago, all my preparation was done with hand written notes, word-processing memos and outlines and lots of post-it-notes. I do not want to go back to that way of doing things. One of the main reasons why I like to use computers for case preparation is that a computer doesn’t forget things. When properly done, relevant facts are entered one time; they are linked to all relevant issues and to the important people and objects or events; and the information can then be quickly filtered by person, issue or date to help prepare for depositions or for examination of witnesses at trial. We are well aware of the adage “garbage in means garbage out,” so care has to be taken to be thoughtful about what facts are entered and to the listing of case issues. For trial presentation purposes, I don’t think there is any doubt about the value of using exhibits and demonstrative aids to show things to the jury or that visual aids are an essential part of educating and persuading a jury to decide in your favor. The question is, what is the best way to present those materials? There are many options: foam poster boards, binders filled with paper copies of exhibits, overhead projector with transparencies (does anyone still do this?), document cameras (often generically called an ELMO1) and computers connected to a projector. This article will discuss the last option. There is a great deal of interest in using an iPad at trial, which can be wirelessly connected to a projector. We will talk a little about that method and will identify some of the many books, articles and internet sources where you can learn much more about what can be done with an iPad. CASE PREPARATION The programs that we use for case preparation are: CaseMap (primary program for case facts and documents), MindManager (a “mind mapping” program for non-linear brainstorming and outlining), NoteMap (a traditional outlining program),TextMap (a transcript program) and Adobe Acrobat (to save documents as PDFs and apply bate numbers). The internet address for each program, and for every program mentioned in this article, is listed in the appendix. Case Map CaseMap, now part of LexisNexis, was developed by a trial lawyer. I started using it about 20 years ago after meeting the developer at one of the early ABA TechShows, an annual gathering in Chicago that focuses on the use of computer hardware and software in all types of legal practice areas. I had tried to develop my own Access database and had worked with spreadsheets and word processing documents to help organize facts, but was soon impressed by the advantages of CaseMap. We use version 6.1, which I think was the current version when LexisNexis acquired the program. The current version is 10.0. I do not know the differences or the current prices. I’m sure that all the features that we use remain in the current version. I expect that we use less than one-half of the features in version 6.1. That is all we need the program to do, so we remain satisfied with that version. My understanding is that CaseMap is largely based on a spreadsheet program with some database elements. Those details don’t really matter, though they help explain the appearance of the program, which looks much like a spreadsheet but is much more sophisticated. Other similar programs include: Case NoteBook (a WestLaw program), MasterFile and Summation. There are probably several others. Two very important features of an networked installation of CaseMap are that (1) multiple people can simultaneously view and edit information in one case file; and (2) I can create a “replica” of a case file on my laptop, work on the file while away from the office and then automatically synchronize the file when I log back onto the network. In nearly 20 years of working with the program we have never lost case data and have only had a handful of error messages requiring technical support. In those few situations the tech support was able to quickly retrieve the information and nothing was lost. My only computer is a laptop. I routinely create a replica of the CaseMap file for every open case I have, which gives me all of the information on each case whether I’m at home, on a plane, at a 1 In a recent article in the American Bar Association journal Litigation, the author commented that anyone who uses the name “ELMO” to refer to a document camera is dating themselves since while ELMO invented the first document camera 20 years ago, most courts now use equipment made by other companies. Lance Bachman, How to Take Advantage of Courtroom Technology, Litigation, Vo. 40. No. 2 (Winter 2014). deposition or at trial; without needing any connection to our network. I can’t count the number of times when having that type of immediate access to detailed case information, with specific source information, has been very helpful at a deposition or at trial. Each CaseMap case file contains three primary spreadsheets: Facts, Objects, and Issues. There are other spreadsheets, but those are what we most oftenuse. They represent the three major kinds of information we organize when we use CaseMap. We have found that it is most efficient to start by entering information about in the “objects” tab: names of people, key organizations and important documents. We then develop the list of “issues,” starting with one of the templates we’ve developed and customizing it as needed for the new case. We then enter information into the “facts” tab. That sequence helps because the facts are automatically linked to relevant people, source documents and issues. CaseMap can be used to do nothing more than create a chronology of events, with the slight additional benefit of consistency in the names of people and identification of the source for the information. I think it is far more effective to take the time to develop a list of issues and to link the facts to those issues. We’ve found that to be extremely helpful in small to very complex cases. When we create a new case file, CaseMap automatically generates a series of default fields for each spreadsheet. For example, for documents, CaseMap creates Bates-Begin, Bates-End, Author(s), Short Name, Date, Description, Source of Doc, Recipient(s), Type, and other document-specific columns. You don't have to use these columns, and we don’t, but they’re instantly available. For some reason, the developers thought the easiest way to identify case a document was by bates numbers. We like to use common-sense names, like “UW Hospital Medical Records,” or “Madison Police Department Records,” since those are the names we think of when referring to those documents. We change the “view” settings to remove the bates number columns and, for documents, start with the “full name.” Here is an approach that the “help” section of CaseMap recommends when you start a new case file, with some modifications based on our standard practices: 1. Open the Object spreadsheet and create a cast of characters and list of documents and other important objects. If the view is set to "All Objects," you can enter a mixture of items. If there are a lot of names of people or descriptions of documents, you can limit the view to that type of object and enter more specific information than is part of the “all objects” view. 2. Switch to the Issue spreadsheet and create an initial issue outline. Enter key claims and their elements. Keep your initial outline simple -- no more than two levels deep. You can add additional levels at a later time.