Litigation War Stories– Using the iPad and TrialPad in a High Stakes Class Certification Hearing

This past week I was in federal court opposing a motion for class certification on behalf of a major corporate client– high stakes.  After plaintiffs’ counsel presented their initial argument, I moved to the forward counsel podium with just my iPad.   Using the TrialPad App ($89.99 App Store),  I displayed key documents and testimony on the court’s own electronic presentation system as I presented my argument.  The presentation went without a hitch with one exception– a reminder popped up on my screen half-way through the argument to remind me I was 30 minutes overdue for my class certification hearing [Lesson learned-- turn all notifications off prior to using the iPad for a hearing].

The Setup– as noted, this particular federal courtroom was prewired for video presentations.  Each counsel table was equipped with a monitor and a VGA cable for connecting that counsel’s computer to the system.  There were screens for the judge, his clerk, and even courtroom spectators.  There was a central podium for counsel with another connection station and an Elmo presentation device (think of it as a glorified overhead projector that can display documents).

In this case, I chose to use Apple TV to make the presentation.  Apple TV ($99.00) allows you to mirror your iPad screen to an external monitor.

photoTo make this work, the iPad and the Apple TV device need to be on the same WiFi network.  While the courtroom had WiFi access, I have found it to be more reliable to bring my own WiFi either using the hotspot on my phone or as in this case, a separate WiFi card.  Unfortunately, Apple TV’s only output is a digital HDMI cable.  This is great if you are using a HDMI projector or monitor, but not so good if your projector or monitor is of the older and still more common analog VGA variety like the set up in this courtroom.  In that case, you need a digital to analog converter to use the Apple TV.  Because the court’s system was several years old it was of the VGA variety and the use of a converter was required.   So here is the set up:

1.       WiFi hotspot connected to Apple TV by WiFi from Hotspot

2.       Apple TV HDMI output connected to converter by HDMI Cable

3.      Converter connected to Court VGA system by VGA Cable

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Once everything is up and running the next step is to connect the Apple TV via WiFi.  To do this you must double click your home key.  Then scroll to the mirror icon that should be located next to the volume and play controls.  Select Apple TV and then mirroring and you are on the air.

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I had the documents organized in folders in outline form so that I could adjust to the issues raised in the argument of opposing counsel or  those that were of particular interest to the court.  It looked something like this:

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The main folders actually served as my argument outline.  Each of folders contained documents labeled for easy identification that argument point.  This organizational method allows the presenter to custom tailor the presentation on the fly– which I had to do when plaintiffs counsel abandoned their entire briefed theory and presented a new one in response to my argument.

In our next installment we will examine the preparation of exhibits using TrialPad and the additional presentation features of the App, including a video demonstration of the software in operation.  Also See our prior review of TrialPad .

UPDATE:  We Won– Motion for Class Certification Denied.

Big Law- Hard Truths and Hard Times for the Old Model

A sobering but well reasoned analysis:  revolutionary change is required, but hard to implement due to lawyer resistance. http://www.lawpeopleblog.com/2012/08/articles/profitability/the-flat-demand-crisis/ See also: http://dealbook.nytimes.com/2012/05/07/re-engineering-the-business-of-law/ And- http://legalonramp.com/index.php/A-Don’t-Be-Dewey-Dozen-Use-This-Checklist-to-Make-Sure-Your-Firm-Isn’t-Dewey.html Tweet … Continue reading

Ethical Considerations for Lawyers Using Wireless Devices

This Article from Forbes.com examines a California ethics opinion on the efforts that lawyers should take to ensure the security of confidential information when using wireless devices.  Nothing particularly new in the article, but good for basic review. http://www.forbes.com/sites/benkerschberg/2011/12/12/your-ethical-and-legal-duties-when-using-wireless-networks/     … Continue reading

A Lesson from the Life of Steve Jobs

Tonight I attended a wonderful presentation by Walter Isaacson, author of the best selling biography of Steve Jobs.  The talk was sponsored by University of South Carolina’s Moore School of Business, The Liberty Fellowship and Wells Fargo Bank.

Mr. Isaacson is famous in his own right.  Currently president of the non-profit Aspen Institute, Mr. Isaacson was formerly the managing editor of Time magazine and Chairman and CEO of CNN.  The Harvard educated, Rhodes Scholar, has also authored acclaimed biographies of Albert Einstein, Benjamin Franklin and Henry Kissinger, among others.

My “take away” from talk was that Steve Jobs had an artistic vision and was very controlling in his desire to achieve it—and because his vision was an excellent one, Apple products have been a great success.  Thus, Jobs’ choice of the notoriously independent Isaacson as his official biographer, might be considered by some as an indication that Jobs had matured to the point that he was willing to cede control of the very book that would portray him to future generations– in essence the official record of his legacy.

On the other hand, a cynic might say that Jobs has methodically laid claim to a spot among the great American historical figures by having his story told by a biographer whose previous subjects have been among the most influential Americans of all time– i.e., Jobs is among the greatest of Americans by association.

In any case, I remain a Jobs fan. Isaacson had unparalleled access, and the stories he told in his talk have only whet my appetite for more. Given that fact, I am saving the book for my holiday reading, because I know there will be no putting it down.