The quarterly publication of the International Legal Technology Association
Issue link: http://read.uberflip.com/i/11430
Law Anywhere, Anytime: The 2020 Vision Driving Factors There’s more to this revolution in how law will be practiced than simply the profusion of laptops and smartphones. Culturally, litigation has continued to transcend the typical office environment. Therefore, the development of a case doesn’t stop when counsel is out of the office. In 2020, attorneys are under increasing pressure to be more productive with both their time and their team members’ time. And the often global nature of cases means attorneys need to be alerted to developments and be able to fully manage a case whether at home, at the office, on the road or from any location on a 24/7 basis. Mobility — being able to access systems and data from any location — is only part of the picture. Unchaining ourselves from the office is only as effective as our ability to carry out the same tasks and functions with the same efficiency as we can from our desks. It’s not just about the convenience of mobile applications and devices, but rather about effectiveness and productivity. The technology available in 2020 has brought us full functionality anywhere, anytime on almost any platform. It means being able to do our jobs better, regardless of location. Depositions 2020 When Web-enabled live streaming video depositions first took hold, one of the primary advantages was the reduced need for travel. And though a significant benefit, it was just the beginning. In 2020, the technical quality of video depositions is astounding. High-definition is now standard, and the HD resolution reveals all the subtle expressions and physical manifestations that a deponent exhibits, perhaps even better than when attorneys were sitting across the table in the same room. In fact, software that is applied to the video after the deposition can uncover details not even the human eye can discern. Digital eight-channel audio makes it easy to identify speakers and eliminates problems with people talking over each other. It is, however, the real-time collaborative elements that are most impressive. Repository-based technologies have finally unleashed the full capabilities of remote depositions. Team members can be scattered in different locations, fixed or mobile, and participate in the live streaming feed. Real- time transcripts scroll alongside the video window, thanks to improved voice recognition software. Exhibits — whether documents or audio-visual — can be displayed to all parties. By accessing mobile case management software, we can pull up other case-related files to cross-check testimony instantaneously. As the deponent makes an unexpected statement, we can perform keyword or conceptual searches across all case documents to find contradictory evidence. My co-counsel and I can open a live video chat in a separate window, where we privately discuss a new line of questioning based on the responses we’re hearing, and instantly fire off new questions to the paralegal conducting the questioning. These capabilities change the entire nature of depositions. We can more effectively challenge witnesses in the deposition phase instead of recalling deponents or waiting until trial. We are more efficient in building and managing witness lists, and more effective in questioning, which speeds up the litigation cycle, reduces costs and achieves more effective outcomes. Case Management 2020 All team members enter their notes and annotations in real- time during the deposition, and the videos and transcripts are immediately available afterwards in the repository, where we continue to work collaboratively. In “the old days,” each of us would create, review and edit documents and then share them later. Or, even if we used Web conferencing, only one person could exercise control over the documents being used. Now, case development is no longer linear, with each person managing the work product and then handing it off to someone else. Instead, it is fully dynamic, meaning we can all work on documents concurrently, instantly share our changes and also see the edits others are making in real time. We are all working from the same files within the repository, rather than each of us working independently from our desktops. Case preparation has never been faster — or more effective. E-Discovery 2020 The growth of ESI certainly hasn’t slowed down, but technology has gained the upper hand in processing the ever-growing volumes of data. Early case assessment and sophisticated sampling algorithms now provide near-instantaneous, accurate and complete visual snapshots of the content of data sets and generate well-defined roadmaps for extracting, organizing and reviewing documents. Legal holds are no longer frantic scavenger hunts to locate relevant information, and are now conducted with instant, surgical precision as well as on-board compliance supervision. Mobility is critical in 2020, because just like in 2010, the speed and effectiveness of the initial response often determines much of the success of the case. Instantaneous notification of a legal hold has been around since the early days of e-mail. What’s different is the ability to remotely initiate an effective hold. Customized apps on smartphones and e-readers allow users to immediately locate and lock down the appropriate files and systems, identify key custodians and begin preparations for the meet-and-confer with absolute confidence that all data sets are complete. Once document review is underway, attorneys can manage all aspects of the process from anywhere, anytime. Problem areas — whether involving documents, keywords, new evidence or production issues — trigger instant alerts and users can implement immediate changes. We can also spot bottlenecks before they become problems, and redirect resources and workflows to deal with them from our smartphones while at 35,000 feet. Peer to Peer the quarterly magazine of ILTA 83