A Game Changer for Litigation Outcomes
Reprinted with the permission of Mike Murray, Director of Client Solutions, and International Legal Technology Association. This article was originally published in September 2023.
A revolution in testimonial evidence management is underway. Strides in technology have transformed the way litigation firms handle evidence and discovery, ultimately contributing to better client outcomes, cost savings, improved security and an enhanced ability to present a compelling case.
The past few years have seen significant advancements in the technology employed in capturing and managing testimonial evidence. Initially, the process was labor intensive, time-consuming and prone to errors, with legal teams having to sift through mountains of physical evidence manually.
However, technology has since come to the rescue. Some of the noteworthy developments include:
- Digital Transcription Services: Gone are the days of manually transcribing high-quality recordings of legal procedures from scratch. With recent advances in AI-assisted speech recognition technology, automatically produced drafts can be proofed to a highly accurate final transcript by a qualified professional in a fraction of the time. This technology leverages machine learning and natural language processing to transcribe spoken words into written text.
- AI-powered Search and Organization: AI has taken over tedious tasks such as document organization and search. With AI algorithms, legal professionals can now quickly locate specific documents or testimonies in a digital database. This feature has significantly reduced time spent searching for documents and increased productivity.
- Video and Audio Recording Technologies: High-quality video and audio recording technologies make it possible to capture testimonial evidence more accurately and authentically. These recordings are more engaging than written transcripts and provide jurors with a better understanding of the case.
- Secure Cloud Storage: Cloud-based solutions have solved the problem of storing large volumes of data securely and cost-effectively. By encrypting data and ensuring only authorized access, these solutions have enhanced the security of testimonial evidence.
A Look at End-to-End Testimonial Management and Presentation Solutions
Technology is profoundly shaping how testimonial evidence is managed and presented. This evolution not only promotes efficiency and precision but also enhances the capacity of attorneys to present compelling cases. Cutting-edge testimonial management solutions are transforming the legal landscape. Let’s dive in to better understand these innovative tools and their impact on modern litigation practice.
• Intelligent Exhibit Capture: An intelligent approach to exhibit capture represents a leap forward in the management of electronic exhibits during depositions. Attorneys can display electronic documents to a witness in real time, tracking and recording the witness’s interactions with the document, including mouse movements and keystrokes. This can be especially useful when dealing with complex digital data, such as Java, Source Code, CAD files and Google Earth Fly-ins, allowing a clear recording of the witness’s manipulations of the evidence.
Using an intelligent approach can also capture intricate interactions within digital spreadsheets, such as inter-cell calculations, drop-down
selections and formulas. The resulting files can be synchronized with the deposition transcript, facilitating easier review and presentation. This technology is transforming the way native evidence is presented and interacted with during depositions.
• Advanced Exhibit Organization: With advanced exhibit organization, all exhibits for a case are compiled into a single, easily navigable package that is highly portable and accessible from any device.
• Paperless Exhibit Management: A secure, internet-based exhibit management solution enables the marking, viewing and maintaining of exhibits electronically. Users can upload potential exhibits from their computer or directly from their case management platforms. Going paperless eradicates the need for physical boxes and binders of exhibits, providing lawyers with the flexibility to access their exhibits from their laptop or tablet at any deposition, arbitration or hearing.
• Video Exhibits-as-a-Service: Turnkey solutions for the creation and management of video evidence enable legal teams to prepare compelling exhibits such as event reconstructions, day-in-the-life recordings, site inspections and other multimedia evidence forms.
• Multimedia Depositions: A multimedia approach to depositions can help make case presentation more effective by using picture-in-picture technology to simultaneously display exhibits with the deponent, creating powerful courtroom-ready videos.
These videos can show the deponent’s reactions to exhibits or mark or point to key areas of each exhibit displayed and are managed through a central console ensuring that everyone involved has access to the same detailed information, increasing transparency.