Litigation Technology to Consider for 2016

As technology in everyday life seems to evolve at rapid speed, technology affecting how you practice law is also changing. Although it may progress at a slower rate than your iPhone or Android is upgraded, technology affecting litigation has seen advancement in the past few years and will continue to change in 2016. If you are not aware of some of the changes, you may be putting your case at a disadvantage and possibly no longer effectively representing your clients. Some trends that you need to be aware of going into 2016 include technology available to you in court, ways that you can save your clients money by reducing time spent on tasks, and development with research and review platforms. New technology also brings new concerns,  including HIPAA requirements and hacking/data theft and keeping your client information safe.

Courtroom technology- The use of Elmo machines and poster boards are a thing of the past. Looking into 2016 expect to see more courtrooms equipped with smart podiums, flat screen televisions, and the ability for more attorneys to use technology in making their case for the jury. Included will be getting jury members attention through the use of 3D Graphics and animation. In today’s world it is rare that a case gets to trial; but when it does, the jury factor is of utmost importance. You need to make your case as easily understood, compelling, and also entertaining to a jury. Remember that jurors are now accustomed to having everything faster, brighter and louder than they were 10 years ago. The days of time consuming processing and presenting evidence by using easels and flip charts or through the passing pictures to the judge and jury are over. Lawyers are now more efficient and in better control of the evidence, and of jurors attention by utilizing technology.  Courtroom technology can be used by the attorney, paralegal or witness to draw attention to key parts of the case and emphasize specific evidence. Litigation support professionals are also now in high demand. These individuals can be hired for trial work to assist with preparation and presentation of exhibits in your case.

Communication with clients- The first thing to consider when communicating with clients is their generation. As more Gen Xers are becoming decision makers and in need of legal representation the way lawyers communicate with clients has changed. The need to respond via text and email versus the phone are major factors to today’s communicating with clients. Along with this come concerns including the need for clear statements starting in your client engagement letters about protecting client information. Also it may no longer be enough just to have a statement in the initial agreement with your client. Should a client continue communicating confidential materials electronically, reminders throughout your representation will be needed. As communication with clients may increase, and they may have expectations of immediate answers, it is important to keep your communication timely but meaningful. Setting expectations on when emails will be returned, when you will have answers, or a case update for them are key.

Use of cloud-computing- The definition of Cloud computing has evolved and today it is commonly used to refer to any real-time communication network- such as over the internet. There are public, private and hybrid clouds available for storage of information. The use of a cloud can cut costs by limiting high cost technology devices and lowering the demand for on-site server storage. One important issue with cloud computing is the problem of who is in “possession” and who owns your data. Cloud computing offers many benefits such as mobility with the option to gain access to your information from anywhere, but it also comes with concerns. One of these concerns is in the security of the cloud including possible data breach of the information in the cloud. Encryption of data stored in the cloud is the safest way to protect the information from hackers and unauthorized users and can be accomplished easily by setting up passwords, not sharing passwords, and only logging on from private Wi-Fi networks. Cloud computing not only can be cost- effective for storage of your information by reducing the need for private servers, it also has the benefit of offering virtual offices. Virtual offices allow  you to work from anywhere by utilizing mobile devices, laptops, wireless networks, and web-based technology. While this may seem to be a burden as it allows lawyers to be accountable and reachable by clients and partners 24/7, it can also have many positives including attributing to better work-life balance or modified and flexible schedules granting more time with family.

Social media- These days social media is a must in any customer based industry, and law firms are no different. Both firms and attorneys should have professional profiles on multiple social sites as different platforms may reach a different client or better yet potential client base and add to your credibility. Social media is the best way to get your message to the most people the fastest. Unfortunately you have no ability to individualize the context or content of your posting to different generations. While getting your message, story, tweet, etc. across to EVERYONE quickly is a perk of using social media it is impossible to make the information relevant and more importantly, clear, to everyone who may potentially see the post. Not only are your posts viewable but so are your comments and “likes” of other people’s posts, and they never go away. Thus, it is important to not respond to a posting without thinking through consequences of being associated with the comment by current and future clients. You can also consider hiring an outside company to run your social media, create blogs and posts on your behalf.

Website- Whether a client was referred to you or you have known them for years, the first place a potential client will go before hiring you for a case is your website. When designing a website or providing content for a webpage there are ways to make it more client friendly. As clients become more in-tuned to the changes in technology and are being pursued by more and more firms, it is important that law firms consider their client’s needs and find ways to meet them; whether that is in adding valuable information or saving costs. Several website tips are: be personable, make it about the client, be industry or practice area specific, discuss results from the client view- include what you HAVE done not what you CAN do, offer clients access to their up to date file and billing records, and keep the website up to date and relevant. You also need to decide based on the type of clients you want to attract if you need to be mobile friendly for clients or potential clients to access your site on the go.

Legal research and discovery platforms- For cases with large discovery requests or on topics that you are not as familiar do not forget to rely on experts. These “experts” can be found in way of eDiscovery consultants, research subscriptions and technology specialists. If you are not familiar with a topic or do not have enough time in the day to review the millions of pages of documents there are cost- effective solutions using technology to get you from point A to point B and meet all discovery requirements.

Getting caught behind in technological advancement is easy since there are so many upgrades and updates happening so quickly. 2016 will likely bring more developments to technology and you don’t want to be a step behind when the next big thing becomes available.