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Anatomy Of Trial Technology

By Catherine Sanders Reach

It would seem these days that, with the proper technology, a case could go from start to finish without ever generating a piece of paper. What little paper exists is scanned in, annotated, organized, searched, retrieved and stored electronically, along with e-mail, word processing documents, spreadsheets, and all other digital data. Trial preparation includes EDD, online depositions, and real-time transcription. Briefs, motions, filings, and documents are all delivered electronically. Timelines and evidence are generated graphically, shown to jurors simultaneously on plasma monitors and a 6-foot screen. Documents are displayed the same way, with a skilled attorney or paralegal annotating, highlighting, and emphasizing on-screen. Witnesses are called in from all over the globe, testifying over live satellite links. CGI enhanced recreations of events educate and enliven jurors. No attorney would dare be seen lugging boxes of documents into a courtroom. But is this reality or still just a technology dream (or nightmare)?

In June 2004, the American Bar Association's Legal Technology Resource Center completed its annual technology survey, published in five parts. The Litigation and Courtroom Technology volume serves as a sobering background for those who crave a total technology trial. Firms are slowly embracing litigation technology, but there is still a long road to follow before the technology is ubiquitous. Courtrooms have yet to provide much technology in the way of hardware or software, citing expenses and implementation as key barriers. Many lawyers are hesitant to spend thousands, much less hundreds of thousands, of dollars on sophisticated hardware and software. So what are the courts and attorneys embracing, and what are they putting off for another day?

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