I still remember the first time I faced an opposing counsel who was using high-end trial technology. Unbeknownst to me, the plaintiffs lawyer arrived at the courthouse early to set up equipment that was capable of projecting any document or videotaped deposition onto a large screen. I had no idea what I was facing until I arrived with my flipchart and colored pens. When I saw the attorney's technology, I suddenly felt as if I were in the final battle in "Star Wars" -- the fight between Darth Vader's high-tech Imperial Stormtroopers and the cute Ewoks from the Stone Age.
What opposing counsel had put together that day was impressive, particularly considering how expensive that type of technology was at the time. Twelve years later, as prices have decreased and options have increased, the use of trial technology has exploded. Unfortunately, the variety and affordability of the technology has not always been met with a corresponding improvement in the quality of trials themselves, as lawyers often fail to choose the most appropriate and effective technology for their cases.
These selection errors often occur for any one of few common reasons. Many lawyers have a fundamental misperception about trial technology. Some have an unjustified fear of it while others place an undue reliance upon it. A number of lawyers also fail to appreciate that each form of technology has its advantages and disadvantages. In addition, lawyers often fail to appropriately mix their media in a meaningful way.
When it comes to technology, lawyers can be divided into two groups: technophobes and technophiles. Typically, the technophobes are older and, like me, were once intimidated by portable electric typewriters. Technophiles are generally younger and find it hard to imagine cite checking with a stack of books instead of a computer. Each group operates with different core assumptions about technology. For technophobes, modern trial technology is something to fear because they believe it is an innovation for which they must learn an entirely new set of skills.
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Source: law.com
By: G. Christopher Ritter
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