the attorney knows that these technologies exist and what impact they have on our cases so that decisions can be made about whether to implement them. Whether the attorney is the one actually using the technology or just making the decision to have that technology used in the firm, the first step is understanding the type of technology available and its potential use and impact.
Case Management
I often consult with attorneys on best practices for managing things like electronic storage and organization of case files, using tools such as MyCase, Clio, SharePoint, or on-premise solutions. Attorneys need to understand how this works because it changes their availability to access their data and creates potential risk factors for the unauthorized access to that data. Almost every state bar has adopted a policy on cloud storage and what the attorney must do in order to remain compliant.
This category also includes software solutions for how to use your data effectively. Tools like CaseMap or Opus 2 offer solutions for organizing data along the way to use it more efficiently in the preparation of depositions, in motions, or at trial. Attorneys should be familiar with the capabilities of these tools because of the unique features they offer that allow for the streamlined organization of data. In large cases, arguments can be lost without factual backup. Having the data but not having a system for organizing it can lead to a number of consequences, the best of which is just losing your argument — and that is not a very good best case scenario. Understanding tools available for organizing data are a must.
Trial Presentation
The attorney does not have to the one operating TrialDirector in order to understand the potential benefits that it can offer. I’ve participated in about 30 jury trials where I have operated TrialDirector for attorneys, either as co-counsel or as a trial paralegal. In about 10 of those trials, it was the lead attorney’s first time ever using technology at trial. It is neat to see how their presentation style changes as they begin to rely more on the benefits and capabilities of the trial presentation software and understand how it can supplement their trial skills. I have never had an attorney tell me that they didn’t like it very much and want to go back to the old way of doing trials with exhibit boards and Elmos. It is always an overwhelmingly positive response that leads to more questions about how they can organize their next case better for a more streamlined presentation. As I’ve pointed out before, scientific studies have been performed on jury perception of attorneys and of cases when digital media is used to present the case. Attorneys are doing their clients a disservice if they are not investigating how to take advantage of this.
What You Can Do About It
If you are overwhelmed because of decisions about which software to use in your law firm for practice management, file storage, evidence organization, or anything else, you are already off to a great start. The most important thing for attorneys is to understand that these solutions exist and then to find out how to staff your offices with people who understand how to implement them.
Jeff Bennion is Of Counsel at Estey & Bomberger LLP, a plaintiffs’ law firm specializing in mass torts and catastrophic injuries. Although he serves on the Executive Committee for the State Bar of California’s Law Practice Management and Technology section, the thoughts and opinions in this column are his own and are not made on behalf of the State Bar of California.
Bennion, Jeff, "Is Understanding Technology A Paralegal's Job Or An Attorney's Job?" Above The Law. Breaking Media, Inc., Web. 17 Mar. 2015.