Technology in Support of Advanced Advocacy How to be a tech-savvy litigator on a multi-advocate, multi-location team -Ed Marks, Legal Aid of Western Ohio -Craige Harrison, Utah Legal Services TIG Conference - January 13, 2011

Technology – Why do we care? Access the info you need, anywhere, any time Deliver the results your clients need – anywhere, any time Strengthen your partnerships More benefit, less cost

Technology: It’s not just for IT staff You can be a technology leader without knowing about advocacy --- But it’s going to be just about impossible to be an advocacy leader in the decade ahead without knowing about technology

Many offices, one law firm Where staff is based vs. What staff can do Portability of expertise and motivation Communication! Communication! Planning/Accountability/Timelines

Whose client? The client belongs to the firm A Las Cruces attorney can win a Santa Fe case Professional opportunity by design, not luck of the draw

Technology planning You don’t need a 100 TB server to answer key tech questions:  Who are the stakeholders?  Who are the leaders?  Who will have time to do this?  Where will the money come from?  Innovation in search of what results?

Advocacy goals for technology innovation Improve capacity for successful litigation & public policy advocacy Strengthen community & bar partnerships Increase visibility & presence in client communities Maximize existing resources & shared infrastructures Streamline administrative burdens

Smartphones and other portables: Who needs an office?

The evolution of Smart phones

Smartphones today!

Smartphones = portable computers Call forwarding, virtual numbers management Mobile web surfing Review and respond to documents Texting, photos, video chatting, IM Remote access to case management Yeah, there’s an app for that!

Ipads, Galaxy, netbooks, the cloud Document portability Google Apps, Adobe Basecamp Central Desktop Citrix, Remote Desktop Security issues

Advanced mobility Wi-Fi warriors: Mi-Fi – clinics, trainings, group meetings Broadband cards: Sprint Legal Aid per month

Intake with impact Be an active leader for how intake technology impacts advocacy choices Effective Intake Systems include….  Community presence where the clients are  Centralized telephone-based intake  On-line options

Case acceptance Video conferencing for case meetings  Webinars as a low-cost alternative Data mining to screen for deeper issues Logic trees and A2J interfaces

Document assembly LawHelp Interactive: HotDocs and Court partnerships HotDocs and A2J as knowledge base systems

The power of data On-board data management tools in your case management software Data tracking and Crystal Reports  Data patterns  Keyword alerts  Automated templates

Data mapping and GIS

Data caveat: garbage in, garbage out Strategic data collection Staff and community allies training Quality of case notes “Correlation ≠ Cause”

Developing the facts Public web:  News media  Opposing party web sites  Blogosphere  Google for lawyers Personal search sites re clients and witnesses:  Facebook et al.  Zabasearch

Social media – ethics issues Confidentiality Opposing parties – what’s fair game? Your client: “Ooops! I shouldn’t have put my party photos on Facebook???” The ever blurring line between private and public

Developing the facts Government Databases  Court systems and on-line dockets  Federal and State statistics  Census data  SEC corporate filings

Developing the facts Expert witnesses Academic resources Substantive issue listservs Internal intranet and wikis “Community Lawyering” strategies – work with social justice agencies to identify issues and clients

Developing the law Maximizing Lexis-Nexis/WestLaw et al. National Backup Centers National listservs Statewide Website Libraries

Developing the law Public Interest Law Firm sites RSS Feeds and other “push” information processes

Trial advocacy technology Video and graphics for the courtroom E-discovery Advanced case management  

Trial advocacy technology Projectors, PowerPoint & effective graphics and video presentations Document cameras Remote access in the courtroom Digital document management Portable printer

Litigation supervision Supervision based on expertise rather than geography Case management supervision over the web Automated data alerts and pattern mining Webinars and other virtual collaboration tools Managing multi-office work plans

Advocacy partnerships Mentoring & co-counseling  Support from urban private bar  Corporate law departments  ABA Litigation Assistance Partnership Project  Specialized advocacy organizations  Statewide pro bono resources  Law School partnerships

Hypothetical case Lobos National Bank  Foreclosure discrimination  See separate Hypo file for full text

Hypothetical case Lobos National Bank  Frequent opposing party in foreclosure cases  The bank allows white homeowners facing foreclosure to remain in their properties on average 6 months longer than non-white homeowners

Hypothetical case Litigation resource issues  A single case involving this issue may require 500 hours+  Multiple cases originating in multiple offices could be challenging to coordinate  High discovery costs are likely

Hypothetical case You’re the leader!  Team includes staff from multiple offices  Responsible for outreach, investigation and litigation

Questions??? Ed Marks  Legal Aid of Western Ohio   Craige Harrison  Utah Legal Services  