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Friday, December 15, 2017
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Legal Technology Group, Inc.
333 South State Street, #V421
Lake Oswego, Oregon 97034
(503) 200-2936 

Click on video link below
 
28 Trial Presentation

 

Discovery is not the end of the case. Your Litigation Response Plan should include strategies for trial exhibits and trial presentation.

 

The problem is that often electronic evidence is ugly and not persuasive. You may need experts or consultants, or come up with your own strategies to bring electronic data to life and show it effectively to the judge or the jury.

 

Let me show you an example. Here's a case where we were asked to consult. The case involved a vice president at a company that was terminated because he was not doing his job. Instead of doing his work, he was searching porn websites during work hours. When he was terminated, he sued for discrimination.

 

We were provided his hard drive and were asked to find out what he was doing during work hours. Larry Johnson at our company discovered the information (shown in the diagram below) from log files. We were pretty excited!




This shows that he was looking at porn websites during work hours instead of doing his job. It is great evidence, but not easy to understand or persuasive. Larry had a great idea. Using the Microsoft Outlook day view, he coded in red all times when the employee was accessing porn sites. He coded in black when the employee was accessing websites related to his job. See the diagram below.





When these pages were put in a notebook, as you looked from one day to the next, at about the same time each day he want to the same website pretty much in the same order. In depositions he testified that porn ads randomly opened on his computer and he quickly closed it.

 

The case settled in large part from this exhibit proving there was nothing random about it and that he not only visited port sites during work hours, but spent excessive time doing so.

 

Make sure your Litigation Response Plan includes strategies for trial exhibits and trial presentation.

 

Legal Technology Group

Phone: (503) 200-2936

Email: info@LitigationResponsePlan.com



 
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