-. electronic evidence presentation 28 years 1195 1981 2009 800+ years

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Electronic Evidence Presentation

28 years

11951981

2009

800+ years

1983

Lawyers who use laptops in court

2009 – 47%

2007 - 37%

2005 – 30%

1983

Technology = Competitive Advantage

20th Century Court:

21st Century Court:

21st Century Court:

Software

Hardware

Presentation Hardware:

Laptops

Primary Back-Up

Presentation Hardware:

Evidence Cam

Presentation Hardware:

Projector & Monitors

Presentation Hardware:

VGA Splitter

VGA Splitter:

Software:

Non-Linear

Linear

Linear Software:

KeyNotePowerPoint

Non-Linear Software:

PowerPointTips & Tricks:

-

-

Professional Backgrounds:

An agreed amount?An agreed amount?

Between 3-5 percent Closing value

To be decided later At least 3%

Net closing value

Case No. C 01-02414 MMC

JOHN MACATEE

Bumper Sticker Titles:

Bumper Sticker Titles:

ACME KNEW

TRUTH OR FICTION?A DEAL IS A DEAL

GET IT IN WRITING

Use Color Effectively:

Use Color:

Stop, Bad, Danger

Caution, Look, Change

Go, OK, Money, PC

Use Color:

Serious, Take Notice, Death

Believable, Good, Honest

Callouts Are King:

Lies About His Own Name:

I “never” go by the name “David ‘Jacob’ Dadon.”

Brian Avoided the Problem:

“Told her you were not in – as per your instructions.”

the company for women

DR. OCAMPO’S 5/8/99 NOTES“12 mos ago [5/98], she was pulling out her hair, eye-lashes & eyebrows – then stopped picking eyebrows a few weeks later; then kept pulling hair until 1 mos ago; c ls scalp burning & itching & feels better when pulls hair. Now states went swimming and clumps of hair came out through ponytail. . . .

A – trichotillomania? alopecia”

Exhibit 1

Exhibit 1

October 1, 2004.

January 1, 2000.

January 1, 1995.

Exhibit 1

October 1, 2004.

January 1, 2000.

January 1, 1995.

Use Fewer Words:

Not This:

the company for women

HIDING TRICHOTILLOMANIA

“Most trichsters are not comfortable telling others, even close friends, family, and doctors or therapists that they pull their hair out . . . . Many do not swim or go out on windy days . . . . Since damage to the scalp, eyebrows and eyelashes can be the most conspicuous, they may have to resort to wearing wigs or . . . scarves . . . . [T]richsters may keep their pulling secret for years.”

K erith Marcantoniowww.trichotillomania.ab.ca/rwpeta/ker.html

Better:

the company for women

HIDING TRICHOTILLOMANIA

“Don’t tell others . . .

do not swim . . .

wear scarves . . . .

keep pulling secret for years”

www.trichotillomania.com.

Use Pictures Instead:

FertiCorp:

• High-tech manufacturing facility

• Located in Venezuela

• Produces granulated urea and ammonia

FertiCorp:

FertiCorp:

FertiCorp:

Ammonia

Granulated Urea

Use Video:

President: “I don’t Recall”

. . . But Keep it Short.

Ever go by “David ‘Jacob’ Dadon”?

“Nope”

Make Documents Speak:

“Nope”?

“David Jacob Dadon”

Use Chronologies

Deaths Begin

5 Trial Failures

ProductDeveloped

5/06 2/083/07

They Ignored The Warnings

Use Motion Paths

The Escape Route

The Money Was Diverted

DEFENDANTDEFENDANT

PLAINTIFFPLAINTIFF

BANKBANK

$$

57

Contractual Relationships:The ABC Partnership

XYZProviding Management, Commercial and

Administration Services and Contracting Directly with Vendors

and the Constructor

ENGINEERING

B&O

Detail Design/Construction Engineering

PROCUREMENT

B&O : Advisor

XYZ: Enters Agreements Directly

CONSTRUCTION

Constructor to beMutually Selected

B&GProviding General Engineering and

Construction Management with a Not To Exceed Price Guarantee and 50/50 Sharing of savings

XYZOwner

58

All Major Equipment Components Changed

58

CombustionTurbine

HRSG

StackAir Inlet

C.T.Generators

Fuel Oil Fuel

Steam Piping

Steam TurbineS.T.

Generator

Condenser

Circ Water Piping

Bus Duct

Natural Gas Fuel

Exhaust Gas

Exhaust Gas

What caused the fire?

Mismo v. Flinders

Olsen Pincus Jones Smith

“Arson”

Mismo v. Flinders

Hansen Pincus Jones Smith

What caused the fire?

“Technically should have been classified as an accident.”(PINCUS DEPO. 384:4-7)

Mismo v. Flinders

Hansen Pincus Jones Smith

“No evidence of a timing device or accelerant was found at the site.” (BILL SMITH DEPO. 99:18-20, 101:18-20)

What caused the fire?

Mismo v. Flinders

Hansen Pincus Jones Smith

“Q. Could the fire have been an accident?

A. Yes.”

(BILL JONES DEPO. 266:16-17, 22-24)

What caused the fire?

Final Thoughts:

Final Thoughts:

1. Technology cannot mask a weak case, but can be a

competitive advantage.

Final Thoughts:

2. Use only what you are comfortable with.

Final Thoughts:

3. Technology should supplement, not distract from the presentation.

TechnologyInLitigation.com

Al Lindsay

AFLindsay@hhlaw.com