MISTAKES WE MAKE

In the latest issue of Small Firm Business, we posed a question to some of our technology experts: "What's the biggest mistake that small firms make when using trial technology?"

Here are a few of the responses. For the whole article, click here.

Alan Nye
Law Offices of Alan Nye
Portland, Maine

Relying too heavily on technology and thinking that litigation support software or hardware is all you need to win a case. Too many lawyers are so caught up in the flash of technology that they forget the basics. Cases are about people -- take the time to carefully prepare your witnesses to testify. An impressive witness will win out over cutting edge software every time.

For example, CaseMap, from Bowne DecisionQuest, is a fabulous litigation database that helps you examine the facts and issues of your case and link them to your people, documents, and the law that pertains to your controversy. But it doesn't work by itself. You must manually enter data before you reap its benefits. CaseMap helps you understand the nuances of your case -- but you still need to pick your jury, conduct your discovery and make your arguments.

Bruce Dorner
Solo
Londonderry, N.H.

There are three: Spending too much money on hardware and software and not enough on adequate training; placing too much emphasis on flash and glitz, when the focus should be on simple, direct presentation of the case; and purchasing technology in a rush and not taking time to determine how it will integrate into the rest of your practice and information flow.

Bruce Olson
Davis & Kuelthau
Green Bay, Wisc.

Thinking litigation technology only applies to big cases and is not cost justified for smaller cases. This results in a failure to use the technology on a regular basis, which, in turn, means that when it is needed for a big case no one knows how to use it successfully. Using litigation technology on a daily basis, particularly on smaller cases, is the best way to learn how technology can help win your case.

J.R. Phelps
Florida Bar
Tallahassee

Too often, lawyers feel that just signing the check for the product is the answer. They fail to obtain buy-in, conduct training, and get a commitment from everyone to update the database, ultimately dooming the project.

Ellen Freedman
Pennsylvania Bar Association
Ambler, Pa.

Lack of training ... and due diligence. Too often, decisions are based almost entirely on what a peer uses. Look to colleagues, but also examine the software's capabilities. Compare alternatives to understand the nuances. Conduct a thorough needs analysis -- don't make a decision based on one glaring need.

William Smith
Abramson Smith Waldsmith
San Francisco

Surrendering the creative process to a consultant. You have to take an active role in thinking through the presentation including the details of the set-up in court. Do not be afraid to jump right in and be creative.