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Top 100 Litigation Technology Innovations Plus 47 More Must-Reads

By Kathryn Hughes | Friday, April 29, 2016

Coming today to LitigationWorld: Our editorial team has selected and linked to 48 articles from the past two weeks worthy of your attention. Below you'll find a sample article from each section of today's issue, including our LitigationWorld Pick of the Week.

Casetext's New Features Help You More Easily Get to the Essence of a Case

The Most Overlooked Exception to the Attorney-Client Privilege

Five Steps to Conduct Ediscovery on a Smaller Budget

Posner on What is Wrong With the Federal Judiciary

Congratulations to Jason Krause of Wisconsin Lawyer on winning our LitigationWorld Pick of the Week award: Top 100 Litigation Technology Innovations

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. You'll also receive in-depth litigation product reviews as well as links to the most noteworthy articles in other online litigation publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld | Technology Industry/Legal Profession

Lessons From Thinking Like a Writer: A Lawyer’s Guide to Effective Writing and Editing (3rd ed.)

By Kathryn Hughes | Thursday, April 21, 2016

Coming today to LitigationWorld: You should read Thinking Like a Writer: A Lawyer's Guide to Effective Writing and Editing. But at 427 pages, you might not have time right now. So we asked lawyer and legal writing coach Kiko Korn to distill four core principles from the book for this issue of LitigationWorld. You'll learn how to better organize your briefs, make your arguments more persuasive and easier to find, and improve the odds that the judge will read your brief in the first place. Also, don't miss the LitigationWorld Pick of the Week for a judge's advice to litigators about social media.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld

LawToolBox Retools With New Outlook Add-In Plus 42 More Must-Reads

By Kathryn Hughes | Thursday, April 14, 2016

Coming today to LitigationWorld: Our editorial team has selected and linked to 43 articles from the past two weeks worthy of your attention. Below you'll find a sample article from each section of today's issue, including our LitigationWorld Pick of the Week.

Lexis DiscoveryIQ Helps Lawyers Assess Cases

Don't Forget About SITE: Search on Google

Concordance Desktop Seeks to Make Ediscovery More Accessible

Introduction to Discovery in US Civil Litigation

Congratulations to Robert Ambrogi of LawSites on winning our LitigationWorld Pick of the Week award: LawToolBox Retools With New Outlook Add-In

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. You'll also receive in-depth litigation product reviews as well as links to the most noteworthy articles in other online litigation publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld | Technology Industry/Legal Profession

Micro-Symposium on Litigation Best Practices Part 2 Plus Fortify Your Writing

By Kathryn Hughes | Friday, April 8, 2016

Coming today to LitigationWorld: What best practice and/or technology do many litigators not currently use that would help them achieve better results for clients? We posed this question to some of the leading experts in all facets of litigation practice, and asked them to distill their advice in a micro-article no longer than 150 words. The result is our "Micro-Symposium on Litigation Best Practices." This issue of LitigationWorld contains Part 2 with advice on capturing extemporaneous evidence, mind mapping, email and social media discovery, shoes and donuts (no joke), and much more. Also, don't miss the LitigationWorld Pick of the Week for five tips to fortify your writing.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | SmallLaw

Lexis DiscoveryIQ Helps Lawyers Assess Cases Before Embarking on Expensive Document Review Projects

By Neil J. Squillante | Wednesday, April 6, 2016

Today's issue of TL NewsWire covers an all-in-one ediscovery suite with advanced technologies for early case assessment (see article below), a service for tracking telephone calls from prospective clients, an email virtual assistant service, and a password manager with its own authenticator. Don't miss the next issue.

Cases that are winnable on the law and facts can end up being lost because of discovery costs. Fortunately, new ediscovery technologies can give you key insights into a case before you conduct an expensive linear document review. In some instances, these technologies can even obviate such a review.

Lexis DiscoveryIQ … in One Sentence

Launching this week, Lexis DiscoveryIQ is an all-in-one ediscovery platform with an emphasis on early case assessment.

The Killer Feature

Using several new technologies, DiscoveryIQ seeks to reduce litigation costs by enabling you to find relevant documents and develop insights about a case faster.

For example, DiscoveryIQ's statistical sampling technology tells you the percentage of likely relevant documents among those you've collected. You can take this analysis further with DiscoveryIQ's proprietary predictive coding technology. A form of machine learning, predictive coding involves training DiscoveryIQ to find relevant documents on its own. You can select a confidence level negotiated with opposing counsel or ordered by a judge.

DiscoveryIQ also features Brainspace's Discovery 5 via an exclusive licensing relationship. Discovery 5 adds concept searching and data visualizations to DiscoveryIQ. For example, when you enter a search term, you can view related terms that also exist in the documents you're searching. Using simple sliders, you can adjust the importance of each related term. The Focus Wheel enables you to visualize your search so that you can get a handle on how many relevant documents exist for each key issue in the case.

Other Notable Features

After creating a new case in DiscoveryIQ, you use the built-in processing tools to ingest the data collected from custodians. These tools automatically de-duplicate documents and email messages, perform any necessary OCR, and create near-native versions of documents for improved reading comprehension (e.g., spreadsheets look like they would in Excel). Unlike traditional processing tools, you can begin reviewing processed data immediately.

In addition to the advanced technologies discussed above, DiscoveryIQ also offers traditional ad-hoc searching via the Explore tab. Powered by dtSearch, you can search by date range and Boolean operators, and apply filters such as custodian, file type, etc. No matter how you find documents, the Review environment in DiscoveryIQ enables you to apply customizable tags such as Confidential, Privileged, and Hot Document.

The DiscoveryIQ Dashboard helps you stay on top of your cases. The Document Timeline visualizes your team's progress, and provides key metrics such as total documents and total custodians. The Dashboard also displays the number of searches, filters, and Brainspace tags used to date.

What Else Should You Know?

You can perform a traditional linear review in DiscoveryIQ or export documents for use in any ediscovery review product. DiscoveryIQ sports a clean, modern interface that runs in all desktop and mobile web browsers, including Chrome and Safari on the iPad. Learn more about Lexis DiscoveryIQ.

How to Receive TL NewsWire
So many products, so little time. In each issue of TL NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The newsletter's innovative articles enable lawyers and law office administrators to quickly understand the function of a product, and zero in on its most important features. The TL NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | TL NewsWire

Essential iPad Apps for Trial Lawyers Plus 41 More Must-Reads

By Kathryn Hughes | Friday, April 1, 2016

Coming today to LitigationWorld: Our editorial team has selected and linked to 42 articles from the past two weeks worthy of your attention. Below you'll find a sample article from each section of today's issue, including our LitigationWorld Pick of the Week.

What Is the Title-and-Headings Canon of Statute Construction?

Westlaw Gets an App for News and Research on an iPhone

Search and Redact Text Patterns Using Adobe Acrobat

Predictive Coding for Beginners: What Every Attorney Needs to Know

Congratulations to Robert Ambrogi of The National Law Review on winning our LitigationWorld Pick of the Week award: 42 Essential iPad Apps for Trial Lawyers (2016)

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. You'll also receive in-depth litigation product reviews as well as links to the most noteworthy articles in other online litigation publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld

Concordance Desktop Seeks to Make Ediscovery More Accessible

By Neil J. Squillante | Wednesday, March 30, 2016

Today's issue of TL NewsWire covers ediscovery software for small-to-medium size litigation matters (see article below), a multifunction monochrome inkjet printer, speech recognition software for lawyers, and an email app that can send push notifications for even non-push accounts. Don't miss the next issue.

Discovery documents used to arrive with a thud — the sound of bankers boxes being unloaded from a hand truck. Today they're more likely to arrive via the dulcet tone of a Dropbox notification. Of course, this notification may not sound so sweet if you don't have ediscovery software.

Concordance Desktop … in One Sentence

Launched last month at LegalTech New York, LexisNexis' Concordance Desktop is an all-in-one ediscovery software suite for small-to-medium size litigation matters.

The Killer Feature

Concordance Desktop has a new input engine designed for do-it-yourself processing. The software can run on a relatively modest Windows PC, but thanks to its multicore, hyperthreaded architecture, you can increase processing speed with beefier hardware. Product manager Wil Cummings tells us that Concordance Desktop can process up to 60,000 pages per hour.

Processing requires just a few clicks. You create a new database, and then point Concordance Desktop to a data source such as an Outlook PST file or a folder of scanned documents. Concordance Desktop de-duplicates documents in the dataset, applies OCR technology to make scanned documents searchable, and performs a near-native conversion to make the documents look like they would in their native application. You can customize the processing workflow, including adding Bates stamps.

Other Notable Features

LexisNexis has also improved the tools for document review and production. Among the highlights, you can structure searches in new ways such as focusing only on email attachments. The new Persistent Search feature enables you to search a subset of a database (e.g., the key custodians in a case). The core review tools include redaction, notes, and issue tagging.

When producing documents, you can choose from native format or a traditional PDF- or TIFF-based load file, and apply a watermark and Bates numbers in the header or footer of each page. Concordance Desktop tracks all work performed from processing to review to production, providing you with an audit trail.

Concordance Desktop now works directly over the Internet so there's no need for remote desktop software. Remote users just download and install Concordance Desktop, enter their credentials, and work as if they're in the office. In the office, you can centrally install Concordance Desktop throughout your firm.

The new Admin Console enables you to manage databases of processed documents such as assigning them to Groups and Matters, and reindexing databases so that newly added documents become available to reviewers (reindexing can occur automatically by setting up a recurring Job). The SmartPath tool locates all Concordance Desktop databases on a volume.

What Else Should You Know?

LexisNexis sells concurrent licenses for Concordance Desktop. This approach saves you money because you only need enough licenses to cover the number of people working in Concordance Desktop simultaneously. Using the Admin Console, you can end the session of an idle user to free up a license for another user. Also, LexisNexis offers Burst licenses for short-term projects that temporarily require more simultaneous users. Learn more about Concordance Desktop.

How to Receive TL NewsWire
So many products, so little time. In each issue of TL NewsWire, you'll learn about five new products for the legal profession. Pressed for time? The newsletter's innovative articles enable lawyers and law office administrators to quickly understand the function of a product, and zero in on its most important features. The TL NewsWire newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Litigation/Discovery/Trials | TL NewsWire

iPad Buyer's Guide for Lawyers (2016)

By Neil J. Squillante | Friday, March 25, 2016

Originally published in our free SmallLaw newsletter. Instead of reading SmallLaw here after the fact, sign up now to receive future issues in realtime.

With this week's announcement of the 9.7-inch iPad Pro, Apple's current iPad line-up is both its best ever but also its most complex. In this issue of SmallLaw, TechnoLawyer publisher and iPad expert Neil Squillante helps you sort through the options by identifying the best iPad for each of six common lawyer use cases. Neil also recommends accessories and cases for the well-appointed lawyer. Also, don't miss the SmallLaw Pick of the Week (newsletter only) for three auto-attendant irritations to avoid.

With this week's announcement of the 9.7-inch iPad Pro, Apple's current iPad line-up is both its best ever but also its most complex. In addition, Apple now offers two professional accessories — Apple Pencil and Smart Keyboard. In this issue of SmallLaw, I'll steer you to the best iPad and accessories for your law practice.

The Big Picture

Apple currently sells five iPad models in three sizes. However, the iPad mini 2 shipped in 2013 and tops out at 32 GB of storage. Skip that one. This leaves four contenders. Here's how the other models stack up:

• iPad Pro 12.9-Inch (2015): $799 to $1,229
• iPad Pro 9.7-Inch (2016): $599 to $1,029
• iPad Air 2 (2014): $399 to $629
• iPad mini 4 (2015): $399 to $729

Below I explain the key differences among these iPads using common use cases.

You Want to Take Handwritten Notes

In 2012, I was enthusiastic about note-taking on the iPad but never found a stylus worth a damn. Note-taking was more aspirational than reality back then. But by all accounts, the Apple Pencil is the real deal for handwritten notes. The Apple Pencil works only with the two iPad Pro models. You'll just need to figure out which size you want.

You Expect to Read a Lot

What kind of reading?

For letter-size documents (PDF, Word, etc.), go with the iPad Pro or iPad Air 2. The 12.9-inch iPad Pro is pretty much the same size as a piece of letter-size paper. However, the 9.7-inch iPad Pro is the only model with a True Tone display — ambient light sensors that adapt the display to your environment to make the screen resemble paper as much as possible.

As much as I love the iPad mini, it's suboptimal for PDF and other letter-size documents. But because of its size and weight it shines for reading ebooks, email, Twitter, Facebook, and web pages in Reader mode or saved to Instapaper or Pocket.

You Live in Dropbox (Or a Competitor)

iPads last a long time. The one purchasing decision that can haunt you is scrimping on storage since you cannot expand it. Storage is especially important if you have already replaced or plan to replace your network file server with a cloud storage service such as Dropbox. While Dropbox doesn't immediately download all files to your iPad as is the case on a PC, over time you'll download plenty so it'll add up.

Only the iPad Pro models offer 256 GB. These also come in a 128 GB capacity as does the iPad mini 4. Avoid the iPad Air 2 if you need a lot of storage as it tops out at 64 GB.

You Want to Give Trial Presentations

The 12.9-inch iPad Pro seems like the only reasonable option for the demands of a trial. You get a lot of screen real estate that you can split between two apps such as your outline and a deposition transcript. The 4 GB of memory makes it less likely that apps will have to reload (the other iPad models have just 2 GB). You can connect a full-size keyboard case that doesn't require batteries thanks to the Smart Connector. The pricier iPad Pro models offer enough storage (see above) to hold a lot of exhibits and videos.

The only wrinkle is that TrialPad (the leading trial presentation app by most accounts) doesn't yet support the 12.9-inch iPad Pro's native screen resolution (it works but is a little enlarged) or iOS 9 split screen multitasking. Lit Software CEO Ian O'Flaherty told me today that support for the iPad Pro's resolution will arrive in April, but there's no timetable for split screen support.

O'Flaherty added that the company's other litigation apps — DocReviewPad and TranscriptPad — support the 12.9-inch iPad Pro's native resolution.

You Want a Laptop Replacement

I have to include the elephant in the room, especially since the answer is a little more complex than it was a week ago. Clearly, you want an iPad Pro equipped a keyboard case and perhaps the Apple Pencil. But now that two sizes of iPad Pro exist, you need to determine how much you value screen size versus portability. (What about Microsoft's Surface Book and Surface Pro? That's a different article.)

You Want a TV and Stereo in the Office

Ironically, the abundance of media apps available for the iPad has been under-reported. Armed with your cable TV login, you can live stream Bloomberg TV, CNN, CNBC, Fox News, Fox Business, MSNBC, and of course many of the entertainment networks. Likewise, you can stream virtually any radio station via TuneIn Radio and music via Apple Music, Google Play Music, Prime Music, Spotify, etc.

Sure your iPhone can run these apps if you don't mind squinting. And sure you can use your browser in most cases as long as you don't mistakenly close the tab. Regarding sound, both of the iPad Pro models have four speakers that play in stereo in landscape and portrait orientation. But if you're only going to use your iPad as an entertainment device and especially if you use headphones most of the time, the iPad Air 2 will save you money.

You Want to Look Sharp

All the iPads look sharp but that's not the whole story. I've become a big fan of Sena cases. The company works exclusively with leather, and is one of the few case makers that sells sleeves for those who prefer using their iPad naked and need protection only for transport.

Sena's most versatile case is the Vettra 360. It can prop up your iPad in landscape and portrait orientation thanks to a swivel mechanism, and contains a loop for securely carrying the Apple Pencil.

Apple's Smart Keyboard for the iPad Pro changes your case calculus. It doubles as a case but protects only the screen. I recommend marrying this keyboard case with Apple's Smart Case in the same gray color (or hey maybe go two tone) to protect the back of the iPad. Yes it's shocking that Apple would make these two separate purchases work so well together.

Hope You Like Your New iPad

If you buy a new iPad, reply and let us know which model and how you use it — and whether you disagree with any of my advice.

How to Receive SmallLaw
Small firm, big dreams. Written by practicing lawyers who manage successful small firms and legal technology and practice management experts who have achieved rock star status, SmallLaw provides practical advice on management, marketing, and technology issues in small law firms, as well as comprehensive legal product reviews with accompanying TechnoScore ratings. SmallLaw also ensures that you won't miss anything published elsewhere by linking to helpful articles (and podcasts and videos) about solo practices and small law firms. The SmallLaw newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Laptops/Smartphones/Tablets | Litigation/Discovery/Trials | Presentations/Projectors | SmallLaw

Micro-Symposium on Litigation Best Practices Part 1 Plus Juror Questionnaires

By Kathryn Hughes | Thursday, March 24, 2016

Coming today to LitigationWorld: What best practice and/or technology do many litigators not currently use that would help them achieve better results for clients? We posed this question to some of the leading experts in all facets of litigation practice, and asked them to distill their advice in a micro-article no longer than 150 words. The result is our Micro-Symposium on Litigation Best Practices. This issue of LitigationWorld contains Part 1 with advice on deposition designations, trial notebooks, and much more. Also, don't miss the LitigationWorld Pick of the Week for advice of persuading a judge to allow a juror questionnaire.

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. LitigationWorld also features in-depth litigation product reviews with accompanying TechnoScore ratings, as well as links to the most noteworthy litigation articles in other publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld

Proportionality in Email Searches Plus 45 More Must-Reads

By Kathryn Hughes | Thursday, March 17, 2016

Coming today to LitigationWorld: Our editorial team has selected and linked to 46 articles from the past two weeks worthy of your attention. Below you'll find a sample article from each section of today's issue, including our LitigationWorld Pick of the Week.

Some Firms Swear by the Use of Private Investigators

The Seven Stages of Litigation

Personal Injury Lawyers Turn to Neuroscience to Back Claims of Chronic Pain

ABA's Initial Take on Judge Merrick Garland

Congratulations to Joshua Gilliland of Bow Tie Law on winning our LitigationWorld Pick of the Week award: Proportionality in Email Searches Under the Amended FRCP

How to Receive LitigationWorld
All practice areas evolve, but none faster than litigation. Written by successful litigators and other litigation experts, LitigationWorld provides you with practical tips related to electronic discovery, depositions, litigation strategy, litigation technology, and trial presentations. You'll also receive in-depth litigation product reviews as well as links to the most noteworthy articles in other online litigation publications so that you'll never miss anything. The LitigationWorld newsletter is free so don't miss the next issue. Please subscribe now.

Topics: Coming Attractions | Litigation/Discovery/Trials | LitigationWorld
 
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