Click here to listen to
the presentation given at TechShow '98
Chicago, IL March 26
and 28, 1998
Samuel A. Guiberson
I
don’t believe necessarily that every two cases are alike and hence they need
to be supported the same way. Litigation is a stream and you never put you hand
into the same lawsuit in the same way. You don’t grab the same fish twice.
So,
the key element in being effective in your litigation support is being flexible.
Only taking software off the shelf and putting it together the way you know
to put it together best to suit your individual needs is going to succeed in
giving you the tools you need to try lawsuits in the way that you think is best.
I think that we ought to at least allow for the possibility that each case presents
new opportunities to us that are not the same as the last case we may have done
and also, I don’t think any two lawyers try the same case the same way.
There
is some virtue in trying to consolidate all aspects of the single lawsuit into
one big front-end, a footprint you might say and just for the sake of argument,
I've built one. Some people truly prefer, and I don’t want to deny them, the
opportunity to visualize their lawsuit as one front-end. And to analyze how
they proceed through the work that trial is toward the conclusion, a natural
progression, in this case a criminal case, from the beginning of the process
through to the end. If you want to take that approach build it yourself; design
it yourself for your own personal needs.
We’ve
put together a few basics here, let me see, it's simple. Every part of the litigation
has its own database where we store information and obviously we connect to
different aspects of the litigation, different parts if the evidence, by linking.
In this instance, it is possible for us, in a case that might involve a lot
of electronic surveillance, to link directly from the master database to the
computer wave file, the audio file, that would allow that evidence to be played.
So, we do use this device to provide us with a master access to all different
aspects of the case. You know you hear a lot about calendaring and how that’s
a necessary function, and of course it is. But, you could do this yourself.
You don’t have to have every programmer in the western world working away for
you. This is nothing but a WordPerfect calendar connected to the Access database.
Very much do it yourself, but very much effective too. Again I’ve combined every
conceivable element just to show you that you can consolidate all kinds of diverse
components in a lawsuit into one simple database. Yes, of course it is true
that you need some skills to work in this medium. But they're not skills that
take you very long to acquire and if one or two people in the office can acquire
them; you have an onboard capacity to do wondrous things in house without spending
any money down the road.
However,
I think a lot of us truly underestimate the potential for something as down
right dog simple as the Windows interface itself for organizing information
relating to trial. I want to be sure that when I have a law suit that I may
be sharing work product with other firms and other individuals that I provide
a means by which they can reach the information they need with a minimum of
learning curve. So, I simply design, redesign the menu on the start menu so
that instead of reaching particular applications, it reaches particular resources
of the litigation. It's absolutely simple to do.
Now,
to go beyond simplicity. What we are going to see, and I think this is obvious
to everybody in the room that if you’re going to talk about a generic application,
which everybody you will be working with will understand how to work, you talk
about the browser, the Web browser. I think your going to see, its no fearsome
prediction, a migration of all litigation support to a web-server-based operation.
That's what we're doing. We work in conjunction with law firms all over the
country, what we have to do is provide a common web server for each litigation
support project that we're a part of. So that we, the server and the web browser
and the web pages become the access point for all the information in the case.
And just to show you a few quick examples of how one might do that; lets say
your managing tiff files. We've OCR'd a zillion documents and we want to track
them. We simply create web pages, which allow you to access the individual information
at the document level. In this case I think they are not even HTML they're simply
tiffs. So we create web pages which simply catalogue all the documents in a
particular file, then produce a web server file structure that allows us to
access these documents through web browsers, both on site but also remotely.
I could have a team that's spread all over the continental United States accessing
documents without knowing a stitch about the software applications that generate
them or in which they would ultimately they would be created in which they were
created.
Exhibit
photos. You know, there is an extension of this into trial applications.
If
you simply catalogue your exhibit photos or photos in the case into a web page
you can use this same vehicle as a display tool. So you could use web pages
to catalogue large numbers of images as well as documents. And of course a find
feature would enable you to search on the title in the index of documents.
So,
it becomes a ready-made tool for organizing large numbers of images.
All
the exhibits that have been introduced exist in a web browser and they're available
to display to the jury with the simplest tool imaginable, one that's free.
So,
by using the browser motif, to organize litigation support you get the ease
and accessibility of an application everybody knows and you get the flexibility
of being able to extend that to extranet environments well beyond the walls
of your law firm. And that is the future as I see it. Again, it is never, your
success in litigation support is never going to be measured by how much cash
or how much complexity you can apply to the situation. It is always going to
be measured by how effective you can be with the tools you can afford on behalf
of your client and nothing more than these simple aids that I've shown you today
is necessary to try cases that may be as large as we ever see.
Thank
you.