Thursday, August 27, 2009

Litigation Technology

It seems that many lawyers are just now becoming aware of the ways technology can help them in litigation. However, according to a recent article by Texaz Lawyer Sam Guiberson, litigation technology has been encouraged by technology advocates for years:

Twenty years ago, technology advocates, myself included, told every lawyer who would listen that litigation technology could even the playing field for smaller law practices. Any lawyer would be able to take on cases of massive scale by harnessing digital technology to cope with legions of facts that only the largest firms could handle before the advent of the personal computer. Implicit in those promises was the empowerment of individual lawyers to try complex cases without a coterie of associates, paralegals and contract employees . Trial technology would make it possible to try a difficult case as long as the lawyer had the will, even if he did not have the wallet.

Now, twenty years later technology gurus are still trying to convince some lawyers of the benefits of litigation technology. Most cannot wrap their heads around the fact that using computer litigation support can save time and money. How long will go into the new millennium before every lawyer is comfortable with and has access to affordable technology support?

Read Guiberson's full article here: Look Into The Future of Litigation Tech

Monday, August 24, 2009

Friday, August 7, 2009

Experience in the Courtroom

No two companies use the same marketing strategy or have the same objectives. However, every company seeks to get customers to buy their products and services and turn a profit by effectively presenting the facts of their products and services. Similarly, no two trials in court are the same. However, in the courtroom the goal of each counsel is to win the case by effectively presenting the facts and evidence to the jury and judge.

As a marketing professional I closely follow marketing trends and in recent years I have become particularly interested in the experiential marketing phenomenon. I have come to know that what motivates consumers to make purchasing decisions is a positive sensory experience or an experience that allows them to become immersed in the brand. Experiential marketing techniques contribute to the success of many big companies. Experiences however are not only effective marketing tactics. They can also be used to communicate information across a wide range of disciplines including the legal industry.

At the root of it, motivating an audience is the same no matter what the situation is. In his book The Culture Code Cloataire Rapaille explains it best.

“Think of a child told by his parents to avoid a hot pan on a stove. This concept is abstract to the child until he reaches out, touches the pan, and it burns him. In this intensely emotional moment of pain, the child learns what ‘hot’ and ‘burn' mean and is very unlikely to ever forget it.

“This combination of experience and its accompanying emotion creates something known widely as an imprint, a term first applied by Konrad Lorenz. Once an imprint occurs, it strongly conditions our thought processes and shapes our future actions. Each imprint helps make us more of who we are. The combination of imprints defines us.”

Therefore, it is the experiences that people have that motivate them. This is why using multimedia and highly technical visuals in the courtroom to present evidence is so effective. Interactive timelines and 3D animations allow the jury to become immersed in the situation as if they had been there when the incident in question happened. The experience that the jury has through audio and visual stimulation allows them to understand the facts of the case clearly and concisely. 

When a company presents its product to consumers at a trade show, the consumer gets to see exactly how the product operates. They are present in a situation where the product is in use. The experience the consumer has with the product leaves an imprint on him. Going forward, whenever he thinks about that product he will revert back to the positive experience and take action.

This school of thought translates directly into the courtroom. When an attorney presents his case through an accident recreation or photo diagram the jury gets to see exactly how the incident happened. It is as close as they can get to actually having been there. This experience leaves an imprint on the jury and leads them to make the right decision about the case.