Notes
Slide Show
Outline
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Electronic Transcript Management Technology For Litigators
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Introduction
  • What is “Transcript Management”?
    • Applying technology in an effective and efficient manner to collect, organize, and analyze records of testimony from and for use in depositions, hearings, trials, and other litigation contexts
  • Litigation Testimony
    • Persuasive power
    • Technical challenges
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Overview of Products
  • Make it easier to load/incorporate data
  • Enhance the ability to use the data received
  • Expedite digesting, highlighting, and annotating
  • Provide powerful searching functionality
  • Show search term hits in proper surrounding context
  • Allow hyperlinking to other resources
  • Facilitate handling/synchronizing with video testimony
  • Support enhanced printing such as compressed format
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Examples
  • TextMap
    • Lexis/Nexis CaseSoft
    • http://www.casesoft.com/textmap/index.asp
  • LiveNote SR
    • LiveNote Technologies
    • http://www.livenote.com/service.asp?service=6
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Questions to Ask
  • Learning curve/intuitiveness
  • Import and export
  • Hyperlinking to other resources
  • Issue coding/annotating
  • Search functionality
  • Volume issues
  • Reporting capabilities
  • Real-time testimony
  • Video/audio testimony
  • Portability
  • Collaboration/replication/synchronization
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How hard is the tool to learn and use?
  • Is it intuitive?
  • Does the user interface resemble standard applications that users are likely to be familiar and comfortable with already (such as Outlook)?
  • Implications for acceptance/use and training costs
  • Avoid offerings that appear bloated with features you will most likely never use.
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How easy is it to import and export data from and to other applications?
  • Avoid packages that store information in proprietary file formats that are problematic to export
  • You want to maximize the ability to switch to another tool if necessary or desirable
  • Need easy transfer of excerpts to
    • Chronology software for creation of timelines
    • Word processing software for preparation of briefing and cross-examination outlines
    • Presentation software for use in designing courtroom demonstrative aids.
  • Beware of programs that unduly limit the formats that can be imported
  • Is there batch import/export functionality?
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Can the transcript be easily hyperlinked to referenced exhibits and other documents?
  • Such linking to material maintained in your existing databases can speed retrieval of mentioned source documents
    • Minimizes disruption to your flow of thought and work
  • Allows for easy comparison of testimony and the material testified about
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Does it obviate digesting and expedite processing using issue codes?
  • With increasing client scrutiny of litigation costs, the need to rely as much as possible on software and other technology to expedite time-consuming processes is critical
  • Are previously-created issue codes prominently displayed and readily available through buttons on the screen, pull-downs, or the like?
  • How easy is it to modify, add, and/or delete issues later on?
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Can searches be run both across multiple transcripts and across exhibits?
  • Can groups (less than all) of transcripts be selected for searching?
  • How robust is the search engine?
    • Are both Boolean and proximity searches supported?
    • Will it report the number of hits identified?
  • Can searches be stored for future reference and possible re-running?
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Is there a limit on the number of records or volume of data that can be handled?
  • This may be of significance if you are anticipating numerous similar or related cases
  • Do the hardware requirements exceed the specifications of your current equipment, particularly your laptops?
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What are the reporting capabilities?
  • Can the software generate an annotation report, including pulling together hits in non-contiguous portions of the transcript?
  • Can reports show search terms in their surrounding context?
  • Are reports customizable?
  • Can reports be generated directly to/saved as PDF, reducing printing costs and helping road warriors?
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Can the package effectively handle real-time testimony?
  • Real-time reporting is often a desired alternative to expensive and unwieldy daily transcripts
    • Can allow immediate creation of critical follow-up questioning
    • Can reduce travel and other expenses of those who need not be physically present at the testimony site
  • Does the software allow a remote viewer to communicate privately/securely via instant messaging with counsel who is actually present at the testimony site on a real-time basis while the examination is unfolding?
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Can the package effectively coordinate and integrate video and audio recordings?
  • Being able to search, locate, and export audio/visual passages can dramatically increase the impact of the testimony you choose to marshal in cross-examination
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Does the package offer a “briefcase” portability function?
  • Can a user can download some or all of the database and associated files onto a laptop to carry along?
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Does the software facilitate collaboration, replication, and synchronization?
  • Does the software
    • Facilitate collaboration
    • Allow simultaneous remote use
    • Provide easy replication/synchronization so all can work with the same data?
  • These are critical features to make sure that everyone on the team stays on the same page.
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Conclusions
  • Beware of false economies
    • Keep in mind training and retooling costs
  • Do your homework
    • Test drive
    • Ask around
  • Consider using these tools if you have not before
  • Consider stepping up to the advanced offerings if your present choice is too limited