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Practice Tip <B>High-Tech Head Starts on Big Cases: Using Advanced Database Tools</b>

By Richard J. Long
February 27, 2004

High-tech tools ' such as auto-coding, linguistic pattern matching and Web-based collaboration ' enable lawyers and their fact experts to take charge of large cases right from the opening days of discovery. Construction disputes are among the document-intensive cases where these new tools are being used to change the dynamics of the dispute-resolution process. As a specialist in providing expert testimony in these disputes, I've learned that these new tools permit quick and cost-effective ways to learn and research the facts of a case from among the hundreds of boxes of documents.

The dynamics of construction dispute resolution are profoundly affected by the quality of the experts' reports. Solid, well-documented expert reports lay out the nature of the claims and show, by reference to specific business records, that those claims are bona fide and can be proven. Expert reports that are so thoroughly prepared that they effectively conclude the matter, which can save the corporate client considerable legal and expert fees and costs ' to say nothing of saving the time and focus of its key operating personnel who would otherwise be involved in the litigation.

Our damages, schedule, change order and issue analyses are fully developed through our use of electronic databases, which provides my team with access to all of the relevant documentation. Because traditional methods of developing databases are time-consuming and expensive, experts for opposing parties may have to prepare reports based primarily on their general experience, without full knowledge of what the documents actually reveal about the problems caused by their client's actions and inactions. I am able to testify based on experience and confidently report the detailed evidence found in the documents.

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