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Technology Changing the Litigation Game

By Cynthia Arends and Megan Backer

There's no mistaking that new technologies are transforming the practice of litigation. Today's litigators take depositions via videoconferencing, scour social networking Web sites for dirt on the opposition and communicate at all hours of the day and night with opposing counsel via Blackberry. Technology can overlook the time-tested interpersonal styles that facilitate skills development, but it can also offer a leg up when it comes to seamless client service and flexible schedules, a trademark that is here to stay as more Gen Ys enter the workforce with an innate expectation of using these tools. The successful litigator must temper the tension between the obvious personal and professional benefits of taking full advantage of new technology and the corresponding loss of face-to-face interaction.

There is no doubt that the practice of law, as with all businesses, has changed dramatically with advancing technologies. Gone, of course, are the days of typing briefs on a typewriter and using carbon paper to copy. Even the old word processors have faded away as we all now sit with our own, much more compact personal computers or laptops. Delivering documents has gone from the mail, to messengers, to facsimile, to PDF via electronic mail. Today, most law firms dole out Blackberrys (or similar handhelds) to their practitioners, allowing for constant e-mail and document access regardless of locale. The ability to carry your office with you does not even require taking up residence at the nearest coffee shop, because wireless Internet access is also portable.

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