Use of Technology in Mediation and at Trial

Kenneth G. Raggio

Raggio & Raggio PLLC

Dallas

Updated Article & materials available at:

• www.raggiolaw.com/iPad.htm

• Video gods willing, the State Bar will have the video of the acutal presentation up soon

Technology is…

• Used by lawyers in EVERY case• Only the level of implementation

varies• Emphasis• here is on showing the MOVING

parts of technology applied to our practice

The Premise

• Use technology

• To Show the Court/Audience

• Killer Facts

• Simple Explanation of a complex issue

How to Do It

• How You want to Do It

• Notebook/ iPad/ Whiteboard

• Display Device

• Backup

Demos to include

• Quasi-Demonstration of an PowerPoint opening statement

• Glimpse of an Outliner marshalling a complex case

• iPad making a “live” presentation

I.

The Opening Statement

The opening statement…

• Should inform the Court/ the determiner of your position succinctly

• Should preview dominant evidence

• Takes work to insure what is promised can be delivered

Why Are We Here?

• Part 1• Hal’s Claims of Separate Property

in the AZ House

AZ house worth $1,400,000• Is 77.65 % his Separate Property(over

$1,100,000)

• Community Equity in House is –[$206,273]

• Phase I

• The Argyle , Texas Homestead purchased in 1995

How Does He Get There??

$5,000 Community Earnest Money to Purchase Argyle

Homestead

Earnest MoneyContract : Hal Erg & Jan Erg

Deed Issued to:

Hal & Jan, Husband & Wife

Closing Funded By:

• $250,000 note

• $95,523 from Joint Checking Acct

• (plus $5,000 Earnest money applied)

Check from Community Checking Account

Mr. Erg Says:

• Argyle House is 27.25% My Separate Property

• Based on using proceeds from a prior house sale at closing

Then …

• Mr. Ergott says funds from sale of the Argyle Homestead were reinvested in a Conn. Condo in 2005 (Phase II)

• (Phase III) The Condo sold in 2006 and proceeds invested in the Purchase of Lot 5 in AZ.

• BUT…

Contract to Purchase of Fountain Hills Lot 5, July 20, 2006

Hal & Jan, Husband & Wife

• “Joint Tenants with right of Survivorship

• (Not as Tenants in Common nor as Community Property)”

..and paid the earnest money

Received Deed…

…Harold & Jana, Husband & Wife

Hal Claims Separate Interest despite…

• NEVER a significant recital• Inception of Title• Arizona Law-presumed gift• NEVER a claim of Sep. Prop.• NEVER any intent of Sep. Prop.• Patent Unfairness

Compare

• Charts of how the parties view their estate:

Jana’s

FoodGasMotelJan121710Feb171121Mar222914Apr141017May121710Jun191520

Jana's View of Net estate

98%

1%1%Jana SPHal SPCP Remaining

Hal’s

• Part II

Why Are We Here?

Hal’s View of :

• His Own Importance

• The Contributions of Others

• Can be Demonstrated by:

Her Primary Job…

In Review

• Show the Court important data• Calculated to aid your position• In a way acceptable to the

Court/Decision Maker• And reap the harvest of your

efforts

Organization:Using an Outliner

Q: What is an Outliner

• A: An outliner is to ideas as a word processor is to words

• A(2): An outliner helps to simultaneously concentrate on the Big Picture and the Minutiae

An Outliner Can…

• Help keep track of details on many entities

• Help you organize witnesses and their testimony

• Easily toggle between top level concepts and minutiae

An outliner in Mediation…

• Allows quick retrieval of data to prove a disputed point

• Can, during “off time,” be an efficient tool to plan the next step

• Can easily keep the evolving “Checklist” up to date so that nothing is missed in the crush to get everything in the MSA

Naming Names…

• Notemap by Lexis-Nexis

• Outline function in Word & WordPerfert

II.The Evidence

Using a Timeline

Use a Timeline…

• To Demonstrate an overarching concept

• To Keep track of a key sequence

• To combine sight and sound

III.Other Computer Use at trial and

Mediation• Wireless access • Play video/audio recording• Calculations on the run• The comparative spreadsheet• Updated materials to submit• It takes some planning…

And Now…

• The iPad—live• May not display in the rooms• But will be on the State Bar

website• Your registration gets you

access to the video