The Next Trial Advantage

Every lawyer in America has heard of the iPad, and there are some surveys that show a significant number of us also own one. There is no question that the iPad's portability is a big advantage, or that the technology behind it is rock solid. The question, up until recently, has been whether or not the iPad is capable of some of the heavy lifting the business of litigation requires. While apps specifically designed for professionals are still somewhat rare, I've found a few that answer the question with a resounding “yes.”

Though there are just a few apps for attorneys (and for business in general), there are more coming out every day. I discovered TrialPad the way most people seem to find apps: I searched online and then looked in the App Store. Reading the descriptions, testimonials and reviews on the App Store gives some insight into the perspective of the developer as well as users. Also important to the process is talking to colleagues and reading users' comments on websites and blogs that focus on technology for the legal profession. If you read what people write, and see what other Apps they buy, you can get a sense of their practices, and whether their needs are similar to yours.

TrialPad for iPad is one example of a litigation tool that takes advantage of the technology and portability of the iPad. TrialPad allows the user to receive documents, read depositions, and take notes while traveling. This literally puts hundreds of exhibits, for several separate matters, at your fingertips. Using TrialPad, I am able to organize, annotate and subsequently present documents during all phases of a given matter.

While there are many different apps that allow import, organization and document preparation (such as iAnnotate, GoodReader, ReaddleDocs), they don't do them all in an integrated way, which also allows you to present to a third party when necessary. It seems obvious to me that none of these apps contemplated the needs of a lawyer, much less a litigator, when they were designed. TrialPad was designed by a trial consultant specifically for use in litigation, and that makes a huge difference in its implementation. Most attorneys don't have the extra time or inclination to learn a new tool. Part of the genius of TrialPad is its simplicity. Within about five minutes, an iPad-owning lawyer will have easily and fully grasped the technology, the tool, and understand its potential usefulness within his or her practice.

Document Management

TrialPad's opening screen allows the creation of folders to segregate separate matters. I import my case files, merging a variety of documents into one location ' depositions, X-rays, articles and letters, for example, in a way in which they will be easy to find in a deposition, hearing or at trial. But even if my initial import is haphazard at the beginning of the matter, TrialPad has organizational tools within each case folder that allow the user to constantly update the file. Documents within the case can be foldered, renamed, moved, duplicated or deleted. The ability to edit the folder and document structure within TrialPad recognizes the fluid nature of litigation, and allows me to adapt on the fly and keep track of all the documents that pertain to my case. Exhibits within TrialPad can be marked up or redacted and saved for later retrieval into a special Hot Docs section, while the original document always remains intact within the app.

TrialPad at Deposition

In a recent deposition, I needed an orthopedist to review a set of X-rays. Before my iPad, I would have marked and reviewed six or seven different documents to show him what I wanted to emphasize. With TrialPad, I put the x-rays up on the projector and was able to do it all dynamically. I used the drawing tool to emphasize certain areas, highlighted key sections, and was able to demonstrate visually what needed to be shown. This technique was then videotaped and preserved in the record.

Practicality at Trial

Let's face it, sometimes the subject of a lawsuit isn't all that interesting, unless you're the person who has been harmed or the one defending your reputation. Jurors today are surrounded with leading-edge technology at every moment. They're less likely to have ever used a typewriter, and more likely to be texting, tweeting or gaming on their smartphones.

If you don't get them involved, you lose their interest. They expect you to show them easy to understand, compelling exhibits; nothing they have to work to understand. As the technology savvy generations have become professionals and jurors, they're more tuned in when I use technology. They pay better attention and (I hope) better remember the content.

But why an app instead of a trial consultant? There are very capable trial consultants all over the country who can do what TrialPad does, and even more. I've used them in big matters, and I will continue to do so. But for smaller trials, the budget doesn't support thousands per day in consulting fees. For depositions, you wouldn't even consider it.

For a recent five-day trial (on a small budget), I used TrialPad and it did more than measure up to past experiences with trial consultants. I put all my documents and exhibits into a case folder in TrialPad. I used sub-folders to help me organize them by witness and theme. For each witness folder, I created Hot Docs of exhibits I wanted to emphasize for direct and cross-examination. Once in the courtroom, I connected my iPad to a projector using iPad's VGA adapter ($29.99 at the Apple Store), and I was ready to go. There were no boxes of legal documents to rifle through, no boards to balance on an easel, and my presentation was as dynamic as it would have been with a larger budget and full trial support.

The judge and jury saw a well-organized, seamless, persuasive presentation, and when my opposing counsel changed the course of his argument, I was able to adapt without a hitch.

Curious Professionals

When I use my iPad in deposition or at trial, I sometimes spend more time demonstrating the technology than arguing the case. People think of the iPad as a device for entertainment, and they're fascinated to see how it works in business. I've stopped using my laptop except for video (and I hear TrialPad 2.0 is going to include video). People are amazed at how much I can do from such a small, light, easy-to-use device.

My iPad gives me the power, with TrialPad, to have clear, compelling exhibits at my fingertips, even if it never goes to trial. Trial lawyers are always looking for that advantage or edge. Trial Pad provides that opportunity.

Every lawyer in America has heard of the iPad, and there are some surveys that show a significant number of us also own one. There is no question that the iPad's portability is a big advantage, or that the technology behind it is rock solid. The question, up until recently, has been whether or not the iPad is capable of some of the heavy lifting the business of litigation requires. While apps specifically designed for professionals are still somewhat rare, I've found a few that answer the question with a resounding “yes.”

Though there are just a few apps for attorneys (and for business in general), there are more coming out every day. I discovered TrialPad the way most people seem to find apps: I searched online and then looked in the App Store. Reading the descriptions, testimonials and reviews on the App Store gives some insight into the perspective of the developer as well as users. Also important to the process is talking to colleagues and reading users' comments on websites and blogs that focus on technology for the legal profession. If you read what people write, and see what other Apps they buy, you can get a sense of their practices, and whether their needs are similar to yours.

TrialPad for iPad is one example of a litigation tool that takes advantage of the technology and portability of the iPad. TrialPad allows the user to receive documents, read depositions, and take notes while traveling. This literally puts hundreds of exhibits, for several separate matters, at your fingertips. Using TrialPad, I am able to organize, annotate and subsequently present documents during all phases of a given matter.

While there are many different apps that allow import, organization and document preparation (such as iAnnotate, GoodReader, ReaddleDocs), they don't do them all in an integrated way, which also allows you to present to a third party when necessary. It seems obvious to me that none of these apps contemplated the needs of a lawyer, much less a litigator, when they were designed. TrialPad was designed by a trial consultant specifically for use in litigation, and that makes a huge difference in its implementation. Most attorneys don't have the extra time or inclination to learn a new tool. Part of the genius of TrialPad is its simplicity. Within about five minutes, an iPad-owning lawyer will have easily and fully grasped the technology, the tool, and understand its potential usefulness within his or her practice.

Document Management

TrialPad's opening screen allows the creation of folders to segregate separate matters. I import my case files, merging a variety of documents into one location ' depositions, X-rays, articles and letters, for example, in a way in which they will be easy to find in a deposition, hearing or at trial. But even if my initial import is haphazard at the beginning of the matter, TrialPad has organizational tools within each case folder that allow the user to constantly update the file. Documents within the case can be foldered, renamed, moved, duplicated or deleted. The ability to edit the folder and document structure within TrialPad recognizes the fluid nature of litigation, and allows me to adapt on the fly and keep track of all the documents that pertain to my case. Exhibits within TrialPad can be marked up or redacted and saved for later retrieval into a special Hot Docs section, while the original document always remains intact within the app.

TrialPad at Deposition

In a recent deposition, I needed an orthopedist to review a set of X-rays. Before my iPad, I would have marked and reviewed six or seven different documents to show him what I wanted to emphasize. With TrialPad, I put the x-rays up on the projector and was able to do it all dynamically. I used the drawing tool to emphasize certain areas, highlighted key sections, and was able to demonstrate visually what needed to be shown. This technique was then videotaped and preserved in the record.

Practicality at Trial

Let's face it, sometimes the subject of a lawsuit isn't all that interesting, unless you're the person who has been harmed or the one defending your reputation. Jurors today are surrounded with leading-edge technology at every moment. They're less likely to have ever used a typewriter, and more likely to be texting, tweeting or gaming on their smartphones.

If you don't get them involved, you lose their interest. They expect you to show them easy to understand, compelling exhibits; nothing they have to work to understand. As the technology savvy generations have become professionals and jurors, they're more tuned in when I use technology. They pay better attention and (I hope) better remember the content.

But why an app instead of a trial consultant? There are very capable trial consultants all over the country who can do what TrialPad does, and even more. I've used them in big matters, and I will continue to do so. But for smaller trials, the budget doesn't support thousands per day in consulting fees. For depositions, you wouldn't even consider it.

For a recent five-day trial (on a small budget), I used TrialPad and it did more than measure up to past experiences with trial consultants. I put all my documents and exhibits into a case folder in TrialPad. I used sub-folders to help me organize them by witness and theme. For each witness folder, I created Hot Docs of exhibits I wanted to emphasize for direct and cross-examination. Once in the courtroom, I connected my iPad to a projector using iPad's VGA adapter ($29.99 at the Apple Store), and I was ready to go. There were no boxes of legal documents to rifle through, no boards to balance on an easel, and my presentation was as dynamic as it would have been with a larger budget and full trial support.

The judge and jury saw a well-organized, seamless, persuasive presentation, and when my opposing counsel changed the course of his argument, I was able to adapt without a hitch.

Curious Professionals

When I use my iPad in deposition or at trial, I sometimes spend more time demonstrating the technology than arguing the case. People think of the iPad as a device for entertainment, and they're fascinated to see how it works in business. I've stopped using my laptop except for video (and I hear TrialPad 2.0 is going to include video). People are amazed at how much I can do from such a small, light, easy-to-use device.

My iPad gives me the power, with TrialPad, to have clear, compelling exhibits at my fingertips, even if it never goes to trial. Trial lawyers are always looking for that advantage or edge. Trial Pad provides that opportunity.