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Electronic Evidence Presentation
28 years
11951981
2009
800+ years
1983
Lawyers who use laptops in court
2009 – 47%
2007 - 37%
2005 – 30%
1983
Technology = Competitive Advantage
20th Century Court:
21st Century Court:
21st Century Court:
Software
Hardware
Presentation Hardware:
Laptops
Primary Back-Up
Presentation Hardware:
Evidence Cam
Presentation Hardware:
Projector & Monitors
Presentation Hardware:
VGA Splitter
VGA Splitter:
Software:
Non-Linear
Linear
Linear Software:
KeyNotePowerPoint
Non-Linear Software:
PowerPointTips & Tricks:
-
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Professional Backgrounds:
An agreed amount?An agreed amount?
Between 3-5 percent Closing value
To be decided later At least 3%
Net closing value
Case No. C 01-02414 MMC
JOHN MACATEE
Bumper Sticker Titles:
Bumper Sticker Titles:
ACME KNEW
TRUTH OR FICTION?A DEAL IS A DEAL
GET IT IN WRITING
Use Color Effectively:
Use Color:
Stop, Bad, Danger
Caution, Look, Change
Go, OK, Money, PC
Use Color:
Serious, Take Notice, Death
Believable, Good, Honest
Callouts Are King:
Lies About His Own Name:
I “never” go by the name “David ‘Jacob’ Dadon.”
Brian Avoided the Problem:
“Told her you were not in – as per your instructions.”
the company for women
DR. OCAMPO’S 5/8/99 NOTES“12 mos ago [5/98], she was pulling out her hair, eye-lashes & eyebrows – then stopped picking eyebrows a few weeks later; then kept pulling hair until 1 mos ago; c ls scalp burning & itching & feels better when pulls hair. Now states went swimming and clumps of hair came out through ponytail. . . .
A – trichotillomania? alopecia”
Exhibit 1
Exhibit 1
October 1, 2004.
January 1, 2000.
January 1, 1995.
Exhibit 1
October 1, 2004.
January 1, 2000.
January 1, 1995.
Use Fewer Words:
Not This:
the company for women
HIDING TRICHOTILLOMANIA
“Most trichsters are not comfortable telling others, even close friends, family, and doctors or therapists that they pull their hair out . . . . Many do not swim or go out on windy days . . . . Since damage to the scalp, eyebrows and eyelashes can be the most conspicuous, they may have to resort to wearing wigs or . . . scarves . . . . [T]richsters may keep their pulling secret for years.”
K erith Marcantoniowww.trichotillomania.ab.ca/rwpeta/ker.html
Better:
the company for women
HIDING TRICHOTILLOMANIA
“Don’t tell others . . .
do not swim . . .
wear scarves . . . .
keep pulling secret for years”
www.trichotillomania.com.
Use Pictures Instead:
FertiCorp:
• High-tech manufacturing facility
• Located in Venezuela
• Produces granulated urea and ammonia
FertiCorp:
FertiCorp:
FertiCorp:
Ammonia
Granulated Urea
Use Video:
President: “I don’t Recall”
. . . But Keep it Short.
Ever go by “David ‘Jacob’ Dadon”?
“Nope”
Make Documents Speak:
“Nope”?
“David Jacob Dadon”
Use Chronologies
Deaths Begin
5 Trial Failures
ProductDeveloped
5/06 2/083/07
They Ignored The Warnings
Use Motion Paths
The Escape Route
The Money Was Diverted
DEFENDANTDEFENDANT
PLAINTIFFPLAINTIFF
BANKBANK
$$
57
Contractual Relationships:The ABC Partnership
XYZProviding Management, Commercial and
Administration Services and Contracting Directly with Vendors
and the Constructor
ENGINEERING
B&O
Detail Design/Construction Engineering
PROCUREMENT
B&O : Advisor
XYZ: Enters Agreements Directly
CONSTRUCTION
Constructor to beMutually Selected
B&GProviding General Engineering and
Construction Management with a Not To Exceed Price Guarantee and 50/50 Sharing of savings
XYZOwner
58
All Major Equipment Components Changed
58
CombustionTurbine
HRSG
StackAir Inlet
C.T.Generators
Fuel Oil Fuel
Steam Piping
Steam TurbineS.T.
Generator
Condenser
Circ Water Piping
Bus Duct
Natural Gas Fuel
Exhaust Gas
Exhaust Gas
What caused the fire?
Mismo v. Flinders
Olsen Pincus Jones Smith
“Arson”
Mismo v. Flinders
Hansen Pincus Jones Smith
What caused the fire?
“Technically should have been classified as an accident.”(PINCUS DEPO. 384:4-7)
Mismo v. Flinders
Hansen Pincus Jones Smith
“No evidence of a timing device or accelerant was found at the site.” (BILL SMITH DEPO. 99:18-20, 101:18-20)
What caused the fire?
Mismo v. Flinders
Hansen Pincus Jones Smith
“Q. Could the fire have been an accident?
A. Yes.”
(BILL JONES DEPO. 266:16-17, 22-24)
What caused the fire?
Final Thoughts:
Final Thoughts:
1. Technology cannot mask a weak case, but can be a
competitive advantage.
Final Thoughts:
2. Use only what you are comfortable with.
Final Thoughts:
3. Technology should supplement, not distract from the presentation.
TechnologyInLitigation.com
