[blindlaw] Mobile Devices in Court: Benefits and Pitfalls, ABA Journal, March 4 2013

[Tai Blas]

It is too bad that even though many tablet features are accessible, the
highlighting feature and direct linking to parts of PDF files are not
accessible to blind users. I have not had much luck with WestLaw Next
advanced features on the iPhone or iPad. I would be interested in hearing
other users' experiences. 


Tai
 

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of
Nightingale, Noel
Sent: Thursday, March 14, 2013 10:53 AM
To: blindlaw at nfbnet.org
Subject: [blindlaw] Mobile Devices in Court: Benefits and Pitfalls, ABA
Journal, March 4 2013

I thought this article might be of relevance to this list since courtroom
strategies are often a topic.

Link:
http://www.abajournal.com/advertorial/article/mobile_devices_in_court_benefi
ts_and_pitfalls/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_ema
il

Text:
Mobile Devices in Court: Benefits and Pitfalls Posted March 4, 2013 By
Timothy W. Johnson

Tablets and other mobile devices are beneficial in a court setting, not only
for your preparedness and your argument but also for your back. These
devices allow for quick access to legal research, notes, and exhibits, with
the added ability to perform on-the-spot searches. They also allow you to
quell anxiety over forgetting something, because you can bring your entire
case file with you electronically. Finally, you do not need a courier to
deliver the binders when traveling or a hand truck to get in and out of
court. However, transitioning from paper to a tablet takes planning and
practice and is never a substitute for preparation.

My first tablet computer was the Motion Computing M1400, which ran a
pen-enabled version of Microsoft(r) Windows XP. I bought a leather portfolio
that allowed me to discreetly carry it and use it at the court's podium. My
primary use was for oral arguments. I later began using the iPad(r). With
Windows-based tablets, the applications that I found indispensable were
Microsoft Office OneNote and Adobe(r) Acrobat. On the iPad, the
WestlawNext(r) application was a game changer along with presentation
software such as TrialPad from Lit Software. I have used these tablets and
applications in motion practice and appellate oral arguments.

WestlawNext was very helpful both at the beginning of my preparation and for
the time leading up to and during my argument. WestlawNext allowed me to
organize my research by creating folders that matched the issues of my case
and placing the relevant cases in the corresponding folder. Using the
WestlawNext interface, I highlighted the important facts and holdings in
each case and added my notes. I focused my notes on statements that I might
make in court about the case. I also made a folder for the cases cited by
opposing counsel and reviewed those cases in the same manner. In preparing
materials for oral arguments, I was able to quickly print out a list of the
contents of each folder thereby giving me a list of cases relevant to the
issues. I was also able to quickly download the cases in PDF format with my
annotations.

I used Microsoft OneNote to outline my arguments and associate any exhibits
or evidence that I might refer to during arguments. After converting my
outline to PDF, I used Adobe Acrobat to create internal and external links
from references in my outline to PDFs of cases and exhibits. I also used
Acrobat to convert scanned images into text, which could be searched and
highlighted, and then made notes on the exhibits. Because this will be used
in a time-critical environment, linking is important to more efficiently
find the relevant portions of the documents from the outline or other
documents. There is not enough time to review documents on the spot while a
judge is waiting. Also last-minute changes to the outline and notes can be
quickly adapted without the need for an offsite printing facility.

This process has worked well for me in preparing for court and replacing the
volume of three -ring binders. Be aware, however, of the perception from the
bench as you transition away from paper and binders, because you may lose
some non verbal communications channels. In the past, the court may have
been alerted that you were trying to answer the question of how the Smith
Doctrine applied to your case by flipping frantically through your binders,
whereas now your "frantic finger flipping" on your tablet may go unnoticed
by the court because the judge may not realize that you are looking through
your notes and documents for the answer. The judge may see you as simply
stumped and staring down at the podium in defeat. However, within seconds,
you can find the relevant information and quickly respond to the judge.
Using mobile technology in the courtroom helps you to be competitive by
providing faster access to information and enabling you to be more adaptive
to shifting your approach or focus at key moments in the case.

BIO: Timothy W. Johnson is General Counsel for Peak Completion Technologies,
Inc. and a former litigating attorney with the law firm of Matthews Lawson,
PLLC in Houston, Texas. He has represented individual and corporate clients
in federal and state courts, with an emphasis on intellectual property
matters. Timothy can be reached at
tim.johnson at peakcompletions.com<mailto:tim.johnson at peakcompletions.com>.
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