March 29-31, 2012 www.techshow.com
High Power Tools for Large Case Collaboration Written and Presented by Richard J. Serpe, Esquire Bruce A. Olson PRESENTED BY THE
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Table of Contents Table of Contents..............................................................................................................2 Introduction........................................................................................................................3 The Challenges of Large Case Collaboration...................................................................4 Best Practices....................................................................................................................5 Define Your Case Management Strategies.......................................................................5 Centralize Your Information...............................................................................................5 Use a Shared Calendar ....................................................................................................6 Maintain a Secure Environment........................................................................................6 Embrace the Convenience of Real-Time Services...........................................................6 E-Discovery & Litigation Support Software.......................................................................7 Real-Time Transcripts, Video Streaming & Video Conferencing...................................10 Real-Time Transcription..................................................................................................10 Real-Time Video Streaming vs. Video Conferencing .....................................................12 Real-Time Video Streaming & Instant Messaging..........................................................12 Video Conferencing.........................................................................................................13 Bibliography.....................................................................................................................14
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Introduction Complex litigation poses many challenges as collaboration among multiple firms with large numbers of lawyers and staff will be necessary. Employing technology to achieve effective collaboration and case management can become a valuable strategy in successful litigation. Software which allows you to organize, analyze, and collaborate over the web are ideal for such litigation, as information can be securely accessed from all over the world. Technology has become an increasingly important catalyst for effectively managing complex litigation. This paper will provide information on defeating the various challenges of large case collaboration with some of the most vastly used litigation software tools available on the market. The authors have a combined 50 years experience in facing these challenges in complex litigation. Over the last 25 years, the authors have also sampled multiple methodologies and collaboration tools, some of which worked well, and which others were disasters. It has always been their experience that time spent planning and implementing collaboration at the outset of litigation has paid huge dividends. Failure to do so has spelled permanent and lasting challenges which can significantly impact probability and degree of success in the litigation. In selecting case collaboration tools, it is essential to also consider the degree to which co-counsel can and will implement technology solutions. Again, time spent obtaining "buy in" and providing training to key stakeholders can make the difference between success and a costly failure. When collaboration tools are working, members of the working groups can share their evolving identification of the critical issues and players. These issues can be added to objective coding systems for all aspects of the case including document review, deposition practice, and briefing. A robust integrated system will greatly reduce time necessary to conduct all three aspects of the large case.
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The Challenges of Large Case Collaboration
Perhaps one of the biggest challenges of complex litigation is managing a large quantity of documents. Complex litigation sometimes involves counsel, staff, experts, and clients that are spread out across the country, and even the globe.
Coordinating events, schedules, and tasks are a major frustration as litigation becomes inerasably complex and more players enter the field.
Understandably, with the centralized storage of key documents, and a large number of hands in the pot, data security becomes critical.
Managing multiple production sets which frequently includes duplicates and near duplicates demands a robust process for staying current with incoming documents.
As cases unfold, the introduction of new issues, players, and objectives requires the ability to brainstorm, implement important structural and coding changes, and to indicate all stakeholders.
Traveling to every deposition, hearing, or meeting can become quite expensive and time consuming.
The jurisdiction in which the case will be handled has a significant impact on larch case collaboration. Electronic filing of documents through third-party services such as Lexis-Nexis provides opportunities and challenges.
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Best Practices Define Your Case Management Strategies When managing multiple law firms and a high volume of documents, it is important to first develop a case management strategy. Attempting to coordinate separate litigation support systems will become quite cumbersome and costly. Sharing a single system among firms not only reduces costs, but reduces the complexity of document management. It is important to specifically assign the responsibility of ensuring that all key stakeholders have both the training and motivation to fully utilize the collaboration tools. Without a disciplined pursuit of this objective, it is likely that "orphans" will pursue their responsibilities outside of the collaboration system. The net result is loss of shared work product, and the necessity of multiple stakeholders reinventing the wheel. For example, if stakeholders are "old-school" and want paper copies of their documents, and thereafter create their own summary and issue list (perhaps on a legal pad), it is likely that their work product (however brilliant) will not be assimilated by the workgroup. Early identification of potential orphans with additional training or other workarounds will minimize the disruption to the group and maximize the power of group collaboration.
Centralize Your Information The key to managing of a high volume of documents is storing them all in one place. Utilizing a globally accessible and centralized document repository will become a critical part of your document management strategy. Case managers should diligently watch for the development of decentralization and work to eliminate it. For example, as deposition exhibits are sequestered and utilized, there is a tendency to have them stored separately by the members of the deposition teams. Thereafter, team members working on legal briefs would need to access both the centralized document depository, as well as deposition exhibit lists in order to find necessary documents.
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Use a Shared Calendar A shared calendar makes certain that deposition dates, conference calls, meetings, etc, are easily accessible to all parties. Appointments from the shared calendar can be forwarded to individual workgroup members for inclusion on their personal schedules. There are a number of highly effective conflict resolution and scheduling applications available. Using these tools in following dates on the centralized calendar is essential, particularly as workgroups become larger.
Maintain a Secure Environment An effective document management system will allow you to assign different levels of access to each user. Give parties outside of your counsel access to certain documents without the hassle of exchanging large files by email and place restrictions on documents to ensure that they are not exported, printed, or saved.
Embrace the Convenience of Real-Time Services With real-time video streaming and video conferencing, counsel can attend virtually any event via the internet, therefore greatly reducing travel costs. Real-time transcription allows you to have testimony right in front of your eyes and at your fingertips during a hearing or deposition.
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E-Discovery & Litigation Support Software iCONECTnXt™ iCONECTnXt™ software is a secure, robust, and scalable web based platform facilitating remote collaboration among law firms. iCONECT provides a centralized document repository which allows case information to be accessed globally. Among its many capabilities, it allows users to connect to case data through a web browser, eliminating the need for special software. This case management software has been used in the multidistrict litigation of Chinese-manufactured drywall and class-action lawsuits such as Yaz birth-control, both of which include hundreds of litigants. Below are a few key features: •
The Case Portal has a user friendly layout which allows you to navigate through your databases, calendars, contacts, and all other aspects of your cases. This customizable layout displays each item as its own widget. Widgets can be added, removed, and dragged around the portal.
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Easily create a centralized database for your team by uploading documents from your existing database.
•
A centralized case calendar and task list allows all parties involved to stay up-todate and in sync throughout the case.
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•
The Messages feature functions like webmail so that you can easily contact and share documents with your litigation team. Contact lists can be created or imported for each case as well.
•
The Filings feature allows users to post and share their work. With this feature you no longer need to worry about exchanging documents by email, or keeping up with the latest versions.
•
One of the most notable features of this software may be its security options. iCONECT provides secure multi-level access so that you are able to share documents with parties other than counsel. Experts and clients can be assigned read only access to documents that are relevant to them, and if necessary can be restricted from exporting, printing, or saving them as well.
•
iCONECT is fully integrated with litigation software such as Sanction II, CaseMap, Concordance®/Opticon™, TimeMap, TrialDirector Suite, LiveNote, Adobe Acrobat, and many other tools, allowing you to easily import documents for review by you and your counsel.
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West Case Notebook West Case Notebook by Thomson Reuters is another widely used centralized electronic database for large case collaboration and e-discovery.
This software allows you and your team to share key facts, discovery documents, evidence, legal research, transcripts, and much more.
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Annotate case documents, research, pleadings, and transcripts and set up a color-coded issues bar.
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Run summary reports so that you can quickly locate certain information or key issues
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Case Notebook integrates with other software such as Microsoft Outlook, Microsoft Word, Microsoft PowerPoint, Corel WordPerfect, Westlaw Drafting Assistant, and more.
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Real-Time Transcripts, Video Streaming & Video Conferencing Many times with complex litigation involving a large number of law firms, counsel may span various states or maybe even countries. With real-time video and transcript streaming, they now have the ability to participate in a deposition or hearing via the internet. In addition, real-time instant messaging features permit counsel to message comments back and forth as well as send in questions to ask. Combine real-time generated transcripts and digitally synchronized video and you’ve got a powerful tool for case collaboration.
Real-Time Transcription Real-time court reporting allows attorneys to immediately access a rough draft of a transcript record. With the complexities of human speech, real-time transcription allows you to see speech almost as soon as it is heard. Real-time court reporting can be a very effective tool during a deposition or trial. Most cross-examination systems emphasize the need to listen carefully to the answers provided by witnesses or experts. Having the ability to go back and review statements and language used, opposed to your recollection of the testimony, gives you a more reliable source for building your strategy.
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West LiveNote™ West LiveNote™ allows you to receive a live feed of a transcript, as well as provide you with real-time synchronized audio and video.
Run full-text searches within or across multiple transcripts
Analyze transcripts with annotation, highlighting, and predefined color-coding tools
Create reports based on keywords, issues, exhibit lists, etc.
LiveNote™ fully integrates with West Case Notebook™
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Real-Time Video Streaming vs. Video Conferencing Many do not realize that there is a difference between real-time video streaming and video conferencing and use the phrases interchangeably. While both are useful methods for remote participants to attend a deposition, hearing, or meeting, there are a few significant differences.
Real-Time Video Streaming & Instant Messaging Video streaming is a one-way broadcast of a live event. Remote participants are provided with audio, video, and text which are delivered over the internet to their computers or other devices. Video steaming is ideal for those who wish to monitor an event, but do not need to be seen or heard by the participants at the live site. Video streaming does however include an instant messaging feature which allows communication with (iCONECT Development, 2009)another participant or a group of participants. This can be useful to counsel participating remotely, as they can send comments or even questions they wish to be asked to counsel physically attending the event. Different levels of security are offered depending on the confidentiality of your event. For maximum security, a stream can be encrypted so that only authorized users may view the event. Watch from virtually any location with an internet connection Stream video and/or real-time text Chat privately with other team members through instant messaging Allow only authorized participants to view the stream High Power Tools for Large Case Collaboration March 29, 2012
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Video Conferencing
Video conferencing on the other hand allows participants at remote locations to interact with those at the site of the broadcast. Telecommunication technologies, such as audio and video, allow participants at various sites to actively participate with each other. Video conferencing also allows documents or any other content on a computer to be shared between all participants.
Participate from any laptop with a camera and internet connection Ability for multiple participants to interact Share exhibits and annotate
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Bibliography iCONECT Development, L. (2009). Effective Collaboration and Case Management - The Key to Your Success. iCONECT Development, LLC. iCONTECT. (n.d.). Retrieved 2012, from iCONECTnXt: http://www.iconect.com/content/solutions/iconectnxt.asp West Case Notebook. (n.d.). Retrieved 2012, from Thomson Reuters: http://thomsonreuters.com/products_services/legal/legal_products/a-z/west_case_notebook/ West LiveNote. (n.d.). Retrieved 2012, from Thomson Rueters: http://thomsonreuters.com/products_services/legal/legal_products/a-z/west_livenote/
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