Tag Archives: Cogent Legal Blog

Why Creating A Timeline Will Help Your Case.

04 Monday Jul 2016

Posted by in Legal Technology, Litigation, Timelines, Trial Tips and Techniques

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How to Create a Timeline For Your Case: First Steps to Take and Choices to Make, by Morgan Smith, Cogent Legal Blog

http://cogentlegal.com/blog/2011/08/how-to-create-a-timeline-for-your-case/

In litigation, almost every case will benefit from a timeline that lays out key facts and circumstances in a chronological order. The process of making a timeline can help you, the attorney, organize and strengthen your argument, and the end result is a clear and compelling visual presentation that will help all parties involved better understand your case.

But, which program should you use to create it? This is one question where there is simply no single best answer, and a lot depends on the forum you intend to use the timeline in. This post covers some benefits and drawbacks to different timeline tools and formats so you can determine which to use. To see a variety of timeline samples, please our timeline and portfolio sections of our website.

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9th Circuit Rules Google Earth Coordinates Are Not Hearsay.

24 Wednesday Jun 2015

Posted by in Admissibility, Authentication, Evidence, Hearsay, Legal Technology

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How to Get Google Earth Images Admitted for Litigation, by Morgan C. Smith, Cogent Legal 

http://tinyurl.com/ngxpzxc

Many attorneys rely on Google Earth as the primary source for finding visual information for specific locations, all over the world, involved in litigation (see my prior post discussing how to use Google Earth for images and obtaining archival images). However, when finding great images, or determining precise locations based on GPS coordinates, the next question is always:

‘How do I get this into evidence?’

This is not an easy question to answer, yet a recent decision by the Ninth Circuit Court of Appeals helps resolve one issue of admissibility for such imagery: Google Earth coordinates are not hearsay. . . .

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How Essential Are Graphics To The Judge And Jury In A Patent Trial?

11 Wednesday Jun 2014

Posted by in Intellectual Property, Patent Law

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The Need for Graphics in a Patent Trial, and Other Insights from Judges, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/nwxwmw5

Good graphics are critical for understanding patent cases. I mean real graphics, pictures, not just words on a PowerPoint. Seeing an illustration or an animation in a trial or a mediation is key to understanding the technology in a patent. − Hon. James Ware

After deliberations have finished, I’ve seen that the pictures were important to jurors because the whiteboards in the jury room often have the jurors’ reproductions of the pictures and diagrams that the attorneys used during trial. The juries are not writing out the long claims of the patents. Instead, they discuss the case in abstractions using those pictures from trial. − Hon. Paul Grewal

These judicial observations on graphics in patent trials came from a judges’ panel at last weekend’s Annual Meeting of the San Francisco Intellectual Property Law Association (SFIPLA) in Healdsburg, California. As usual, the annual meeting provided wonderful opportunities to learn about recent developments in intellectual property law and to network and relax with leading IP attorneys and judges. . . .

Best Strategies for Arbitration.

27 Tuesday May 2014

Posted by in Arbitration

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The Best Strategies to Present Your Case In Arbitration, by Derek Ryan, Cogent Legal Blog

http://tinyurl.com/kpoutzw

Arbitrations are a great forum for the use of the graphics, animations and trial technologies. Depending on the arbitrator(s)’ familiarity with technologies, attorneys can often submit briefs, exhibit lists and other critical documents electronically.

Consider, too, the fact that arbitrations are usually held in meeting rooms smaller than most courtrooms. Having 70 boxes of exhibits in the arbitration room will make you feel surrounded by paper. The more you can digitize and display this material electronically, the better.

This post walks you through steps that will help you prepare and succeed at arbitration. The advice is based on my decade-plus experience working with attorneys and neutrals in mediation and arbitration. . . .

Judges Share Tips With Attorneys About What They Like and What They Don’t.

24 Saturday May 2014

Posted by in Animations, Closing Argument, Jury Selection, Legal Technology, Motion in Limine, Opening Argument, Presentations, Trial Tips and Techniques

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5 Key Tips for Trial: Judges Tell Attorneys What They Do and Don’t Like In Court, by Morgan Smith, Cogent Legal Blog

http://cogentlegal.com/blog/2011/05/5-key-tips-for-trial/

Mediation and Settlement Presentation and Strategies.

02 Friday May 2014

Posted by in Brief Writing, Legal Argument, Legal Writing, Mediation

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The Best Strategies to Present Your Case In Mediation, by Derek Ryan, Cogent Legal Blog

http://bit.ly/R9l7zU

Over the last 10 years, there’s been a significant shift in the way mediations are conducted. When I first started in the field, mediation briefs would come in via fax the night before the mediation. The mediator would begin the case with a joint conference where each side would make an opening statement, similar to trial, and after these openings the mediator would often have to spend the rest of the afternoon defusing the tension created by a joint conference.

There are two important aspects of developing presentations for mediation:  (1) Communicate with the mediator before the mediation; and (2) develop a presentation that will inform but not inflame the opposing party. Remember that mediation is voluntary, and the goal is not to make the other side walk out. The goal is to get the case settled in the best way for your client.

In this blog post, I’ll cover several strategies to best present your case at mediation, including dos and don’ts for using graphics and technology to enhance your results. . . .

Tech Tips for Document Review, Production, and Trial.

15 Tuesday Apr 2014

Posted by in Discovery, Document Review, Exhibits, Legal Technology, Requests for Production, Subpoena Duces Tecum, Technology, Trial Tips and Techniques

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5 Tech Tips for Document Review, Production and Use at Trial, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/kv3jy3f

Mr. Kelleher not only shares the technology tips from his recent webinar, but is kind enough to offer his e-mail address and telephone number should you have any questions. Nice guy! -CCE

On Wednesday, April 9, I gave a webinar on technology tips for document review, production and use at trial for the Law Practice Management and Technology Section of the California State Bar. We’re going to be posting a few of the tips on the blog if you missed the webinar. You can also download a PDF of the slide deck with all 25 tech tips here. I hope that these tips save you some time. Email me (michael.kelleher@cogentlegal.com) or give me a call at 510-350-7616 if you have questions about this or any other aspect of litigation technology. . . .

Latest Ninth Circuit Decision on Rule 26 Discovery From Testifying Experts.

16 Sunday Feb 2014

Posted by in 9th Circuit Court of Appeals, Appellate Law, Attorney Work Product, Court Rules, Court Rules, Discovery, Evidence, Expert Witness, Experts, Federal District Court Rules, Federal Rules of Evidence, Requests for Production, Rule 26, Trial Tips and Techniques

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Ninth Circuit Rules on Scope of Discovery from Testifying Experts, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/knvhgv2

[A] new Ninth Circuit decision about the scope of expert discovery in federal court caught our attention. The decision in Republic of Ecuador v. Mackay, No. 12-15572 (9th Cir. Jan. 31, 2014) poses the question: where the expert has served both as a confidential advisor to counsel and as a testifying expert, may counsel withhold documents shared with the expert by asserting an opinion work product objection? The short answer is no—documents from testifying experts must be produced unless protected by Federal Rule of Civil Procedure 26(b)(4).

Trial Tech Costs Will Be Easier to Recover In 2014.

04 Saturday Jan 2014

Posted by in Legal Technology, Technology, Trial Tips and Techniques

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Good News for 2014: Trial Tech Costs Can Be Easier to Recover, by Morgan Smith, Cogent Legal Blog

http://tinyurl.com/kpqnkld

For those of you who rely heavily on trial technicians and courtroom technology, a 2013 case on CCP Section 1033.5 is important to know about because it enhances your ability to recover trial tech costs.

Every year, technology becomes an increasingly important part of case presentations. In a piecemeal fashion, courts are steadily catching up to this 21st-century reality and beginning to recognize that tech-related trial costs are legitimately recoverable.

Pinstriped – A New Presentations App for Mac With A Tutorial.

13 Friday Dec 2013

Posted by in Legal Technology, Mac, Presentations, Trial Tips and Techniques

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How to Make Your Case Presentation More Professional with Pinstriped, by Morgan Smith, Cogent Legal Blog

http://tinyurl.com/lwcuoaj

Morgan Smith explains how to use Pinstriped, this post also includes an one-minute tutorial on how to use it. If you love Mac and use presentations at trial, this is definitely worth a look. – CCE

I discovered a new app that has some exciting possibilities for use in trial or mediation, allowing attorneys to launch and deliver their presentations in a more professional manner.

Three Base Hit: An Analysis of Apple v. Samsung, Bookmarking in Adobe, and E-Briefs

23 Saturday Nov 2013

Posted by in Adobe Acrobat, E-Briefs, Legal Technology, Patent Law

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An E-Brief Reading Guide to the Latest Decision in Apple v. Samsung, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/oax544l

This post is unique. Interesting analysis of Apple v. Samsung and a “how to” on bookmarking Adobe documents and creating and using e-briefs. CCE

Show the Jury How to Fill in the Verdict Form in Closing Argument

19 Tuesday Nov 2013

Posted by in Closing Argument, Legal Technology, Trial Tips and Techniques

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How to Guide the Jury Through the Verdict Form in Closing Argument, by Michael Kelleher, Cogent Legal Blog
http://cogentlegal.com/blog/2013/11/verdict-form/

While I can see how persuasive this would be, I am curious as to whether a judge would rule against this presentation if opposing counsel filed an appropriate motion in limine. CCE