PREPARING FOR TRIAL IN THE CLOUD. Law Office Management Interchange Virginia Trial Lawyers Association, Annual Convention

Transcription

1 PREPARING FOR TRIAL IN THE CLOUD Event: Date: Presenter: Law Office Management Interchange Virginia Trial Lawyers Association, Annual Convention Friday, March 28, 2014, 7:15 a.m. Robert Dean Gentry Locke Rake & Moore, LLP Robert Dean is an associate attorney with Gentry Locke Rakes & Moore, LLP. He represents plaintiffs in medical malpractice, nursing home neglect, and personal injury litigation. He is a frequent lecturer on law office management and trial technology, and he is the founder and former publisher of a legal technology blog, WalkingOffice: Mobile Technology for Legal Professionals ( Mr. Dean graduated from the University of Michigan and Washington & Lee University School of Law. He and his wife, Jennifer Dean, an immigration lawyer, reside in Roanoke, Virginia.

2 INTRODUCTION This seminar will discuss the creating a cloud-based document management system to prepare for trial. You will learn how to use the Apple ipad to build a trial notebook, collaborate with co-counsel, annotate medical records, review deposition transcripts, add exhibits to pleadings, create demonstratives, and more. We will how to use cloud-based options for legal document storage, such as Dropbox, Box.net, Google Drive, and SpiderOak. We will discuss VSB LEO 1872, which provides guidance to trial lawyers on working in the cloud. Finally, we will cover a few apps for working in the cloud to prepare for trial, including GoodReader, TrialPad, TranscriptPad, and PDF Expert, and Keynote.

3 WORKING WITH DOCUMENTS I. OPEN THE FILE A. GoodReader and Dropbox Dropbox is a secure, password-protected service to transfer documents from the office to the Apple ipad. Your life is about to become more productive and mobile because you have now discovered this amazing (free) application. GoodReader is a file management system for the Apple ipad that allows you to organize, access, and annotate files. The folder system lets you create client folders and build a mobile legal library, and make notes on case documents. B. How to Transfer and Store Documents (1) Install Dropbox on your computer ( (2) On your office computer, open your Dropbox folder and create a folder called Open Cases. Add subfolders for individual cases, and within each case, folders for correspondence, witnesses, cases documents, etc.:

4 (3) On your office computer, save documents to your Dropbox folder as you work on a case: (4) On your Apple ipad, download the GoodReader app. (5) Open GoodReader and select Connect to Servers > Add > Dropbox and input your account information. Sidebar: Many attorneys use cloud services like Dropbox to transfer and store case documents. Files are stored in remote servers maintained by third-party companies ( the cloud ), in places such as Ashburn, Virginia. Like any new technology, there are concerns about data security. Bottom line, storing electronic files in the cloud is no different than storing paper files in your office, but much safer, as your files are not susceptible to a fire, theft, or an employee with sticky fingers. The goal is to take reasonable precautions, such as password protecting computers and devices, keeping a local copy, obtaining client consent to electronic storage, and staying educated. For further guidance, see Virginia State Bar LEO 1872 (

5 (6) Now it s time to sync your office computer with your ipad to seamlessly access your documents. In the GoodReader app, select the Connect to Servers tab, tap on your Dropbox account, tap on the folder Open Cases, and select Sync (the bottom center button): (7) Choose the sync button (bottom center) and proceed through the steps as requested in the app:

6 (8) Choose the main screen in GoodReader as your download location: (9) Select Download and Synchronize. That s it, you have completed the initial setup. (10) After you work on a case file at your desktop or on the ipad, click Sync and the changes will appear in the corresponding client folder in both locations:

7 You may sync once per day. You might meet with five clients, make annotations on their files throughout the morning, and only when you return to your desk will you sync so that your ipad notes are available on your desktop. C. HOW TO ANNOTATE AND MARK-UP DOCUMENTS (1) Select the file you want to view (e.g., Virginia Objections ): (2) Here is how the document appears on the Apple ipad:

8 (3) Hold your stylus down on the screen and select Highlight to highlight text: (4) Select Save to this file :

9 (5) Here is the document, now saved as highlighted: (6) Hold your stylus down on the screen and select Draw to write in the margin:

10 (7) Write in the margin with your stylus and save in the upper right corner: (8) Select bookmark to mark a page for later reference: You can use GoodReader as your home base for saving and viewing documents away from the office or in meetings. Annotations allow you to mark-up multiple documents and save them for future reference. Other File Management Apps: Evernote, Clio (Browser), RocketMatter (Browser), CaseManager, iannotate PDF, PDF Expert and OneNote.

11 II. REVIEW A DEPOSITION A. TranscriptPad TranscriptPad allows you to read, mark up, and share PDF documents on your ipad. You can use it to prepare for and argue motions, or even as a trial notebook. Although the app does not support all e-tran formats, you can convert upload transcripts (.txt files) and exhibits (.pdf files) for review. B. How to Review a Deposition Transcript (1) Open TranscriptPad and create a new case folder: (2) Click on the Dropbox icon to import a transcript (.txt), or if the file has been sent by , use the Open-In feature to add it to the case folder. (3) Tap the middle of the case folder to access each of the deposition transcripts that you have uploaded. Select the transcript you want to

12 review. You can page through the transcript using the slider on the right side of the screen, or you can press the Play button to scroll automatically. (4) To begin your review, tap the gray area on the left side of the transcript on the numbered lines. Press and drag along the numbers to highlight a section. (5) You can select different colors for different issue codes. This helps you graphically review the transcript while selecting and saving certain sections: (6) You can also flag a section, which allows you to add a note in the margins that is saved for later.

13 (7) You can search all deposition transcripts for a particular phrase, and the results are displayed by page and line: (8) When you finish your review, select the action (box-and-arrow) button in the lower left corner to generate an with the sections of the deposition that you have designated by issue:

14 (9) The designated selections will appear in the body: (10) You can also generate a report (.txt or.pdf) by issue, flags, or notes:

15 (11) You can then the report to your office or opposing counsel: (12) Your highlights, notes and other annotations are saved automatically. Other Deposition Apps: Mobile Transcripts, and any of the above.pdf file apps, such as GoodReader, which can be used to annotate transcripts.

16 III. SIGN A PLEADING (AND ADD EXHIBITS) A. PDF Expert PDF Expert is a.pdf annotation tool on the ipad. You can open-in documents from GoodReader to sign pleadings, add client signatures, rearrange pages, apply exhibit labels, and the final product to opposing counsel. After you finish a pleading, save it as a.pdf file either on your computer or on your ipad with apps like PDF Converter. Then, open the file in PDF Expert to add your signature. B. How to Sign a Pleading on the ipad (1) Imagine that opposing counsel has sent you an Agreed Proposed Order as an attachment that requires your signature. (2) Go to your and click on the.pdf attachment:

17 (3) Generally, you would save the document directly to the case folder in the GoodReader app, where it can sync via Dropbox to your office computer. (4) In this situation, you are going to open the document directly to PDF Expert to endorse the Agreed Proposed Order and return it by . (5) Click on the action button and select Open-in > PDF Expert: (6) Press and hold where you want to sign the document:

18 (7) Choose My Signature to insert your standard signature: (8) Or, choose Customer Signature to add a different signature:

19 (9) To the signed document, click on the action button and select Send by (10) Be sure to select Flattened Copy to permanently attach your signature before you send it. Of course, you can also open the document and file it away in your ipad storage cabinet (GoodReader) or edit it by adding exhibits. Sidebar: In case you are wondering, your digital signature is just as valid on a legal document as the one you sign with ink and pen. Even the federal government agrees that electronic signatures are valid under the E-Sign Act. They better be, or you should get a refund on all those credit card purchases at the grocery store selfcheckout. Other PDF Signing Apps: Notability (import the.pdf file), SignMyPDF, DocSign, EasySign, SignEasy, and PDF Quick Sign.

20 IV. CREATE DEMONSTRATIVE EXHIBITS A. TrialPad TrialPad is an app for presenting documents, photographs and other exhibits during trial. You can create client folders and open multiple file formats (including.jpeg and.pdf) within each case file in the app. The documents render beautifully when displayed through a VGA or HDMI connection, which connects the ipad to the courtroom projector system. TrialPad is easier to use than laptop software. Simplicity matters, especially when adding technology to a law office with multiple staff who will use the application in court. Features include nightly news -zoom on text, highlighter, laser pointer, and red pen, each to graphically display exhibits. B. How to Present Exhibits (1) When you open the application, you will see a file folder.

21 (2) Click on the Dropbox icon to upload your documents. (3) Open your file folder. Your documents will be in the upper-left corner.

22 (4) Select a document and slide the output bar to open for it to appear on a digital display (TV, overhead projector, etc.). (5) Use the tools at the top to manipulate and highlight the document. (6) For example, you can highlight a section: (7) And zoom in on that portion of the document:

23 (8) TrialPad is perfect for medical malpractice litigation. Jurors have often remarked how helpful it was to highlight portions of the medical record throughout trial to better understand the evidence. Sidebar: Contract cases are less than riveting courtroom fare. But if you use presentation software, such as TrialPad s zoom feature to highlight key sections of a contract? A pedantic procession of documents is suddenly more interesting to the fact-finder. You can be a lone wolf in the courtroom because the app is easy enough to use without an assistant. The presentation is seamless with a little practice. Other Trial Presentation Apps: Exhibit A, Keynote, TrialTouch, Keynote, Air Display, Sliderocket, Power Presenter, SlideShark, and 2Screens.