We live in an era that thrives off of digital technology. From the moment we wake up to the moment we close our eyes at night, technology plays an integral role in our daily affairs. In fact, studies show that the average person spends approximately 8 hours and 41 minutes each day using an electronic device such as a computer, tablet, or smartphone; 20 minutes more than the average night’s sleep. It’s just crazy to think about how reliant we are on all of these devices, but the truth is this type of technology makes our lives so much easier.
In today’s legal industry, so much of what an attorney does incorporates technology in one way or another. From email communication with clients, to online information discovery and processing, technology has changed the environment in which modern day law is practiced. Today, with the help of online litigation tools, an attorney can be at his home office in Texas – “attending” a deposition taking place in New York in the morning, and then in the afternoon be in San Diego “attending” an arbitration, without ever stepping away from his desk!
For the last decade, remotely attending and participating in litigation events through web-based video conferencing and realtime streaming has become more and more popular, but when the time comes to present and collaborate on exhibits the nightmare begins; until recently. In the past, in order to present exhibits during a deposition, arbitration hearing, or witness prep session; specifically when attorneys were to appear remotely through video conferencing, exhibits had to be boxed up and shipped out to multiple locations. Often exhibit documents contain hundreds of pages. When you have 50+ different exhibits in a case, the page count quickly adds up, resulting in stacks and stacks of paper piling up everywhere and an exorbitant cost of packing up and shipping out heavy banker’s boxes filled to the brim.
This is where our good friend technology comes into play. In addition to participating in litigation events through video conferencing or realtime streaming, attorneys now have the ability to electronically present, collaborate on, and submit digital exhibits from their computer or mobile device. Enter the paperless electronic exhibit. Electronic exhibits are a fairly new concept in the legal industry, as such, it is understandable that attorneys are hesitant to use this type of technology; just as they once were with video conferencing and realtime streaming. Those reluctant attorneys are doing a disservice to themselves and their clients when they let their fear of new technology hold them back from reaping the many benefits electronic exhibits offer. A few of those benefits include:
Benefit # 1 – Electronic Exhibits Allow Attorneys to Prepare Smarter. The litigation process is all about being smart, being efficient, being prepared. Electronic exhibit technology provides attorneys with a platform to be smarter and more prepared than ever before. With the ability to electronically upload documents prior to an event taking place, everything is located in one general location, organized, and can be easily reviewed or shared with witnesses and legal teams.
Benefit # 2 – Electronic Exhibits Give Attorneys Better Control. Electronic exhibit software is much more than just an online file viewer. Most products on the market today feature a robust set of markup, highlighting, and annotation tools. Attorneys have better control over questioning when they use these tools to their advantage. If a witness is getting off track and the attorney wants them to focus on a specific part of a document, the attorney can use the highlighting and arrow tools to point to the appropriate section.
Benefit # 3 – Electronic Exhibits Provide Greater Flexibility. Having to ship paper exhibits to multiple locations is limiting. What happens if 5 minutes before a litigation event is scheduled to begin a new piece of evidence is found? Since it’s too late to “overnight” the document to remote attendees, introducing last minute files is near impossible. Electronic exhibits gives attorneys the flexibility to introduce last minute exhibits into litigation. Since exhibit files are stored and viewed from an online database, new documents can quickly be uploaded on-the-go for everyone to see.
Benefit # 4 – Electronic Exhibits Eliminate Overhead. The time and costs associated with paper exhibits add up. Gathering documents, making copies, organizing copies, boxing up and shipping copies all require a generous amount of time and money. By replacing paper exhibits with electronic exhibits attorneys are able to eliminate that overhead and re-appropriate those resources to building a stronger case.
Benefit # 5 – Electronic Exhibits Increase Document Security. The legal industry has always been apprehensive when it comes to implementing technology into the litigation process. One of the main arguments against it has always been online security issues. But the truth is paper-based exhibits pose more security risks than electronically stored exhibits. What happens when someone leaves a confidential document on the printer or a desk somewhere? What happens when a box of files gets lost during shipping? Those confidential and sensitive documents are now out there for anyone to take advantage of. When it comes to protecting confidential data, using electronic exhibits is the most secure method to do so. Over the years online technology has improved drastically in terms of security. Digital files are typically no longer stored on local machines so attorneys don’t run the risk of something happening to them. Instead files are stored and transferred through an offsite cloud-based server using the strongest security and network protocols available. It is just as safe and encrypted as an online bank transaction.
Xenophobia is the fear of the unknown. It is the fear of anything that is beyond one’s comfort level. For far too many years it seemed as if the majority of attorneys suffered from Xenophobia when it came to the litigation process, but that is changing. As litigation technology becomes more reliable and streamlined, attorneys are better able to identify with the benefits cutting-edge solutions like electronic exhibits can provide. Before you know it, electronic exhibits will be the norm, and attorneys will view paper exhibits the same way they once viewed electronic ones; more hassle than they’re worth.