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Trial Preparation

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Trial Preparation In The Digital Age

The trial is one of the most important components of the legal system in America. Whether it is before a judge or jury, the trial is the quintessential dispute resolution mechanism and a constitutionally guaranteed process. While the trial process is guaranteed, results aren’t. Lawyers can obtain favorable results for their clients when they provide an efficient effort in the preparation and presentation of the case.

Technology is now an important component of the litigation strategies of most lawyers. Technological innovation has resulted in the introduction of trial preparation and presentation technology for lawyers. It allows lawyers to properly prepare for trial. It has the potential to cut down trial preparation time by almost half. The number of jurors expecting evidence and cases to be presented using technology is growing tremendously.

The unfortunate thing is that some lawyers are not using technology anywhere close to the level they ought to. With the various benefits presented by technology, lawyers need to start incorporating it into their daily professional lives as much as possible. Here are some of the ways technology can be used or integrated into the trial preparation process.

1. Evidence Collection (eDiscovery)

eDiscovery review now involves massive quantities of evidence. In fact, the volumes of evidence are so overwhelming that lawyers usually understand that they are highly unlikely to ever review more than a portion of it. However, when going in front of a judge or jury, lawyers only deal with a relatively small subset of the evidence that has been vetted and reviewed thoroughly. Litigation support companies such as BDS offer a mechanism for transferring the evidence and organizing it for easier access while preparing for the trial.

2. Sharing the Evidence Through an Online Repository

Working effectively on a case requires access to the data at odd hours, at the courthouse, or wherever the legal team may be. More importantly, the evidence should be shared with the opposing parties as well as the judge without any delay. Discovery is rarely ever shortened or changed, which means that lawyers have to find relevant evidence quickly and review massive amounts of information. Parties should ideally produce evidence online, which means that information can get to the opposing counsel and the judge faster.

3. Ensuring Proper Communication Between All Members Connected to a case

The people connected to a case include the lawyers and their clients along with the numerous other paralegals and other litigation support team members assisting the lawyer in the case. Proper communication between all the concerned parties ensure that everybody is aware of their roles and knows exactly what to do in any particular situation. Proper communication also helps to avoid any unfortunate misunderstandings that can easily swing the case out of favor causing irreparable damage. Technology helps promote proper communication.

4. Digital Forensics

The use of professional certified digital forensics consultants when imaging and capturing Electronically Stored Information (ESI) is an important component of effective trial preparation and discovery. The sensitive nature of ESI can affect admissibility. A defensible custody chain and expert certification of procedures used in capturing the data is important for the evidentiary significance and later authentication during the trial. BDS also offers forensic collection services and consultation in conjunction with the managed, hosted review.

5. Paper Discovery

Law firms are now embracing eDiscovery, but they still have paper discovery and printing needs. A print discovery service is important for supporting those in transition as well as the print production needs of the law firms on the digital platform already. It includes oversize copying, high-speed digital printing, video duplication, color copying, bates numbering, trial graphics, CD/DVD duplication, litigation file copying, and more.

The Bottom Line

Electronic trial preparation ensures that everything goes smoothly before and during the trial. Such preparations make it easier to win cases. Technologically assisted trial preparation is the way of the future and should be embraced more by law firms.

If you would like to enjoy all the benefits that technology provides when it comes to case preparation, you should get in touch with Barrister Digital Solutions.

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