Using Digital Tools in Litigation

The author describes a technologically enabled deposition he took, in which he sat behind a command station of computer displays plugged into his MacBook Pro, which was loaded with a deposition outline, the expert’s thousands of pages of reports and appendices, and every document that the expert relied upon or considered in support of his opinions in the case.

Typically, lawyers taking depositions come to the conference room table with a printed, static outline. However, when a deposition involves complex, interwoven subject matter, the traditional deposition outline can be more of an encumbrance than a tool, even when supported by common organizational elements such as tables of contents. Effective use of digital tools is a matter that should be important to both lawyer and client. Myriad tools, specifically geared towards organizing and implementing information in a litigation, are available on both Mac and Windows® platforms. These tools include, for example, Casemap® and Summation®; but more generally applicable apps like DEVONthink Pro Office and OmniOutliner Pro can also be fashioned for litigation use.

Clients, in-house counsel and case managers should recognize that it is important not only to understand the analysis undertaken by outside attorneys in developing a litigation narrative but also the means by which that analysis will be implemented during a litigation. Those responsible for retaining and overseeing outside counsel should gain an understanding of how counsel intends to deliver a better, cheaper product through the use of digital tools.