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Litigation Statistics: Settle or Fight?

February 17th, 2018|

2018 – Something Old, Something New

January 1st, 2018|

Y2K with Brobeck (scary times) Beginning with my time in-house at Brobeck (1998-2002), I have enjoyed writing about Legal Technology for many publications. Many reprints were available on earlier versions of the Litigation-Tech website. After some updates and upgrades over the years, these had become "orphaned," meaning they were still available online, but could only be found by running a specific web search. As a Holiday project, I decided to set them up in an archive, so they would be available once again. Although these articles are somewhat "dated," many of them are still surprisingly relevant. The archive is intended

Ten PowerPoint Tips for the Courtroom

December 22nd, 2017|

PowerPoint Tips for the Courtroom(Originally published on ABA Law Technology Today)Since everyone has a different level of comfort and experience with something used as infrequently as PowerPoint, the objective for this list is to approach the topic from several different perspectives, in hopes that each reader might find at least two or three helpful tips. We’ll begin with some very basic design and layout ideas, and move on to some more technical and advanced features. With about 20 years’ experience in trial presentation, these are a few things I’ve seen used/misused most often.1. Slide LayoutIf you’re using PowerPoint slides, you

Who’s YOUR trial tech?

December 15th, 2017|

We work on both sides of the table, and although our primary market is the California courts, we do cover other areas now and then, including a recent New York arbitration we handled in conjunction with the New York office of On the Record. Coincidentally, we recently won an award in New York Law Journal Magazine.We have enjoyed our share of successes in the "W" column for both plaintiff and defense, including a recent Defense verdict in Los Angeles, and an SF Bay Area case in which an elevator was repaired with a zip tie, resulting in a $5.6M verdict. Plaintiff

Litigation Triangle

November 29th, 2017|

Pick any two: Price, Quality, ServiceAlthough it would be difficult to nail down every litigation matter within the boundaries of the Project Management Triangle (see, there are certainly some grains of truth to be found.1. Price – The lowest bid wins!Unless you work for a government agency and are forced to award a contract to the lowest bidder regardless of qualifications and experience, this might not always be the best option. That’s not to imply you shouldn’t be cost-conscious, but there is a lot more to the game than who’s the cheapest you can find? If you’re just looking

Trick or Treat?

October 31st, 2017|

Trial or Settle? Trick or Treat?I’ve enjoyed the opportunity of congratulating a client on settling their matter prior to trial. Many times. Perhaps too many times. While I do have a vested interest in the case going to trial, I can certainly understand any reluctance on the part of a litigant or counsel, given the incredibly high level of stress and risk involved. What are a few of the factors to be considered?1. How have settlement negotiations been going? Are the numbers getting closer together, or does one side expect the other to give it all up? Settlement is not

Best Impeachment EVER!

April 14th, 2017|

LitigationWorld: Micro-Symposium on Valuable Lessons From Memorable Trials All trials have moments of drama from which litigators learn valuable lessons. This issue of LitigationWorld features a micro-symposium with six such lessons. These memorable trial events and resulting tips from Ted Brooks, Karen Koehler, Benjamin G. Shatz, Neil J. Squillante, Thomas H. Vidal, and Edward Zohn encompass courtroom decorum, direct testimony, cross examination, demonstrative evidence, impeachment, and trial strategy. (This was first published on Technolawyer's LitigationWorld newsletter. I have shared my contribution below, and would be happy to forward a copy of the entire newsletter email upon request. Email requests to Ted

Battle of the Trial Presentation Apps

March 24th, 2017|

TechnoLawyer's LitigationWorld newsletter just published an excellent set of 9 different perspectives on trial presentation apps and software. Authors (limited to 175 words) include Ken Broda-Bahm, Ted Brooks (hey, that's me!), Russell Cardon, Mitch Jackson, Karen Koehler, Ian O'Flaherty, Timothy Piganelli, Jeff Richardson, and Thomas Vidal. If you're a subscriber, I welcome your comments and feedback here - from YOUR perspective. If you didn't receive it, I would be happy to forward the entire LitigationWorld email newsletter to you - just PM or email me your email address and I'll send it. My email is Once you've had a

One Exhibit No Attorney Wants to See

February 22nd, 2017|

One Exhibit You NEVER Want to See(click to zoom in)Can you recall watching some case where an exhibit like this might be appropriate? This is one trial exhibit you never want to see – at least as the Defendant in your own trial. I can tell you that I’ve seen plenty of cases where a client might have had a decent chance of prevailing, had they decided to try filing something like this. With Florida recently joining, over half of the States have now adopted the revised version of Rule 1.1 in the ABA Model Rules of Professional Conduct. The

The Cost of Trial Experience

February 10th, 2017|

The Vanishing Civil Jury Trial - In case you’re the only one who hasn’t noticed, there seems to be a trend toward keeping litigation matters away from the eyes of a jury. This means fewer trials in the courts, followed by fewer attorneys with trial experience. Attorney Gary Gwilliam wrote about this in Plaintiff Magazine a few years ago. The "Hot Seat"Although many cases are settling or going to arbitration, there are times when an agreement simply cannot be reached. It’s not always a clear argument of right and wrong. If it were, there would be no need to litigate.