In prior posts [1] [2], I have discussed many issues related to obtaining digital imagery, as well as measuring data discovery. These are aspects of evidence preservation that all litigating attorneys should be aware of, and consider carefully. Now I’m going to turn the attention to the ways in which
This post is the second in a series looking at modern day discovery technology and how to use it within litigation. In my previous article, we started the discussion with digital imagery and issues surrounding how best to obtain it. This post will focus on electronic measuring data technology. Part
Since I first started practicing law back in 1993, the process of collecting evidence for cases underwent a seismic change. Moving my career from litigator to CEO of Cogent Legal has allowed me to be in a very unique position of not only seeing the change, but also being a
Dear Clients and Friends, Yesterday the San Francisco Superior Court posted guidelines for restoring operations at San Francisco’s courts. We are attaching the link HERE for your convenience. Listed below, we have provided some quick tips for entering the building(s) as well as some important things to know. The basic,
Cogent Legal is proud to be hosting a weekly webcast on YouTube entitled “Litigating Despite COVID-19” for the Litigation Section of the California Lawyers Association. Through this webcast, the Litigation Section plans to bring you relevant and up-to-date information on the ongoing pandemic and its effects on the legal community,
I recently spoke at a CLE on things to think about when litigating a case from initial intake all the way through trial. My presentation on visuals was sandwiched between a presentation on voir dire and a presentation on opening statements. As I told the audience, that scheduling was ironically
Every day we become more and more accustomed to receiving important information in short doses punctuated by striking visuals. Almost all of us carry around smartphones that deliver information in quick and often visually beautiful digital soundbites, but the legal world has stubbornly remained mostly analog. There are many reasons
My goal is to never create an image for my clients that they cannot use. As a former litigator, I understand that creating a beautiful, concise, compelling image is only half the battle – you still have to be able to use it. And for that reason, we here at
My goal is to never create an image for my clients that they cannot use. As a former litigator, I understand that creating a beautiful, concise, compelling image is only half the battle – you still have to be able to use it. And for that reason, we here at
Experts, Summaries, and Using Visuals Early Here at Cogent Legal, we create visuals that help you tell your client’s story as clearly and persuasively as possible. But as former litigators, we also understand that creating the visuals is only part of the battle – you also need to be able
Relevance, Hearsay, and Foundation Here at Cogent Legal, we create visuals that help you tell your client’s story as clearly and persuasively as possible. But as former litigators, we also understand that creating the visuals is only part of the battle – you also need to be able to use
The General Rules Here at Cogent Legal, we create visuals that help you tell your client’s story as clearly and persuasively as possible. But as former litigators, we also understand that creating the visuals is only part of the battle – you also need to be able to use them.
Over the years, one of the most popular and well used items we have ever put out there is a simple, yet really helpful, net verdict calculator for personal injury cases under California law. This Excel sheet was originally created by my former law partner, Bob Arns, in the early
The best presenters integrate their spoken words and visual images. To achieve this, the attorney delivering an opening or closing argument must know what slide comes up next, and what she should say before and with the slide. While PowerPoint has an area for entering presenter notes, I often work with attorneys who are more comfortable with a written script. That script becomes more powerful and useful when it includes images of the slides that will be coming up. This enhanced script is what I call a Visual Script.
Excel spreadsheets are powerful tools for business and financial analysis, but spreadsheets can be difficult to understand and to explain. In trial, we often help litigators present spreadsheets and the underlying data. Here are some tips to think about for your next trial to make your data more digestible. Using
Morgan C. Smith, president and founder of Cogent Legal, is an attorney who litigated complex, high-value cases for almost two decades.
Michael Kelleher is a registered patent attorney and former partner at the firm of Folger Levin & Kahn where he litigated IP and complex business cases for 16 years.
Andrew Walker is the Co-Executive Director of the Sacramento office, and an attorney with many years' experience in mock trial work.
Deep Athwal is Co-Executive Director in Sacramento, and also an attorney with extensive mock trial experience.
