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Technology Is a Double-Edged Sword In the Courtroom

BY George C. Zumbano
July 29, 2010

Open any recent periodical targeting attorneys and you will invariably find an article with a siren's call to incorporate technology into trial presentations or risk being at a disadvantage to an opponent who can. What most of those articles overlook are the practical barriers to using technology that limit its usefulness in litigation. While it can enhance a trial presentation, not every trial will benefit from the use of technology, and in many instances it can be an expensive hindrance rather than an asset. It may be wise to use technology judiciously.

Hidden Costs

The first barrier to using technology is the hidden costs. Beyond the more obvious hard costs of the presentation software, laptop, and portable projector, substantial soft costs are incurred by the considerable time and expense it takes to transfer and index case file information into the presentation software. Relevant documents, trial exhibits, and deposition transcripts must be pulled from the client file and converted into an electronic format. Large-format items such as X-ray or MRI films have to be sent out to a third-party vendor. Simply scanning in documents alone is not sufficient, as each electronic item must be named, described, indexed, and tagged. If you choose to undertake this task, delegate it to support staff or outsource it to a third-party vendor.

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