Trial presentation, or the act of presenting case related graphics, documents, animation and video in real-time during a trial, mediation or arbitration, can be accomplished using a variety of software platforms, technologies and techniques. Ultimately, the selection of one product or solution will always vary. Thus, how does one choose which solution best suits their needs? The selection of a trial presentation solution depends on the answers to several questions. How often do you participate in a trial? Will the software be operated by an attorney or a dedicated trial presentation specialist? Which aspects of the software will be utilized – document presentation, video, text transcripts, electronically gathered information or animation? Will the suite also be used for document review or to store deposition transcripts for the trial team? Will records be coded within the system or through an external application such as Concordance or Summation? Thankfully, a few strong primary solutions and alternative products are on the market which can assist in presenting information in front of a judge or jury, and can serve as solutions depending on your needs.
Primary solutions:
Alternatives:
A primary solution, in this instance, indicates that the program can assist a trial team in the presentation of case related documents, evidence, graphics and video. This is, however, where the similarities truly end. As with all software offerings and industries, each software application has its own positive and negative attrributes. Many select TrialDirector because of its intuitive interface and easy tabbed structure, whereas hardcore database enthusiasts appreciate Sanction’s no-nonsense approach to database utilities and organization. Although Apple Keynote, OpenOffice Impress and Acrobat can serve as trial presentation solutions, they are not considered by most to be focused on this task or offer a limited toolset for legal practitioners to use in-court. If one is simply presenting a series of slides to the court, then either of these three solutions could suffice. However, if involved in complex litigation or material that requires a dedicated toolset, the primary solutions are the best choice. There are three factors that one can consider when evaluating one solution versus another.
Ease of use & features
Depending on who will operate the software and for what purposes, the overall aesthetics and usability of the interface is often the “make or break” factor for most applications. If the software is even more complicated by the layout and organization of the tools, it will not necessarily be embraced by the user and could potentially impair success when using the product (i.e. in a crisis situation). For experienced trial presentation specialists and professionals, many of us remember the almost command-line style of TrialLink (now TrialDirector), one of the first trial presentation systems. While it was an effective solution, it was not well organized or visually appealing.
Although less aesthetically pleasing applications can still offer a superior option in terms of utility, the skill and comfort level of the operator should be a major consideration. In addition, if selecting a product in a, “the-trial-starts-tomorrow” type of situation, one should discuss training options with a certified trainer or the vendor. The available features are also important and should be evaluated based on the needs of existing cases. Do you need tight integration with Concordance and presentation workbooks? Select TrialDirector. Is cost a factor and you would prefer a straightforward document database solution? Select Visionary. Do you need PTF to VID conversion? Select Sanction. As each primary solution is unique, a thorough review of the feature set can be exceptionally helpful.
Product upgrades
How often a product is upgraded, and the direction of the existing upgrade path, can provide guidance as to which solution to choose. If a product offers incremental upgrades a few times per year and major releases every 1-1.5 years, the product can offer healthy refreshes and bug fixes with each release. If updates have been sparse and the release schedule is delayed, this could potentially indicate that other issues could be afoot.
Other products & services
Does the software provider offer other products and services that complement the presentation solution? For example, in support of their flagship TrialDirector product, inData also sells TimeCoder Pro, which enables text-video conversion, synchronization and export. The inclusion of this complementary product creates a seamless environment between video depositions and the in-court trial presentation system. Visionary Systems also offers a variety of products that support their free trial presentation system.
Ultimately, the selection of one product and tool over another must be generalized by the firm and localized for the individual user. There are multiple products that exist on the market today that can offer an intuitive interface, however the selection of any system should begin with a discussion of needs and expectations. When in doubt, ask the vendor if they are able to offer a 30 day trial.
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