Software Packages to Level the Litigation Playing Field

Selecting the best program requires due diligence

Daryl Teshima

Daryl Teshima is the editor-in-chief of Law Office Computing, a bimonthly magazine devoted to legal technology. He can be reached on the Internet at dteshima@netcom.com

Nothing has leveled the litigation playing field more than computers. With the right software and hardware, a solo practitioner can handle document-intensive litigation as effectively as a large firm's army of associates and paralegals.

The acceptance of Windows has resulted in an explosion of litigation-support programs designed to handle the documents and testimony generated by litigation. By inputting all relevant case data into these programs, attorneys gain a powerful "second chair" at trial that can retrieve and analyze documentary evidence instantly.

When evaluating litigation-support packages, you need to examine your particular needs and rate each program in the following categories.

• Full-text searching: Helps you find the proverbial needle in the haystack. Most programs allow you to perform a wide variety of searches (e.g., date, Boolean, "fuzzy," proximity, query-by-example, etc.) to locate critical information quickly and easily. Speed is another important factor, since many of these programs must work in a trial setting, where how fast you can locate key documents can determine whether your side wins or loses.

• Database capabilities: Allows you to track, sort, and analyze all of the data related to a case. To accomplish this task, most of these programs employ a database engine to index and organize case information.

• Annotation features: One important feature is the program's capacity to annotate key documents. This allows the litigation team to highlight potential smoking guns that could otherwise get lost in a sea of paper. Most programs can search these annotations for easy retrieval of important items.

• Imaging interface: Most litigation-support programs provide imaging features that let you convert the stacks of paper generated by litigation into electronic files. This makes the transport, indexing, and searching of important documents much easier.

• Workgroup capabilities: Some firms need to share the data in litigation-support programs with clients and other counsel. If this is a primary concern, then you need to examine a program's ability to work with both local and remote users.

When it comes to full-text searching, three litigation-support programs stand out. Concordance 6.11 (Dataflight Software, Inc., (310) 471-3414) is a fast, full-text database manager that can organize and search massive amounts of textual material. Although the learning curve can be steep, this powerful program can search up to 16 databases concurrently, each of which can hold millions of records. An evaluation copy is available at http://www.dataflight.com.

ISYS 4.04 (ISYS/Odyssey Development, Inc., (303) 689-9998) makes constructing searches easy with an intuitive screen that walks you through the intricacies of Boolean, proximity, and fuzzy queries. The program also has the ability to index more than 40 file formats, including Compuserve e-mail and ODBC-compliant SQL databases. However, one file format inexplicably not supported is WordPerfect versions 6.1 and 7.0 for Windows.

Summation 4.6 (Summation Legal Technologies, Inc., (800) 735-7866) also has an intuitive and easy-to-use search feature. In addition, Summation has included an indexing feature called Blaze, which produces lightning-quick searches by sorting and indexing every word in the database. Like its searching feature, Summation's database capabilities are intuitive and easy-to-use. Summation uses a visual representation of a filing cabinet to organize case data. Opening the file cabinet displays a series of folders that logically separate documents and testimony. A demo version of Summation can be ordered at http://www.summation.com.

Another litigation-support program with impressive database features is Gravity Verdict 1.5 (Gravity, Inc., (800) 324-5787). This full-featured program manages every aspect of trial-from deposition transcripts to an attorney's free-form notes. One unique feature lets you create an outline listing the elements you will have to prove at trial. As you develop your case, this "Chains of Evidence" feature lets you "link" helpful exhibits, testimony, and discovery that relate to each proof element. When you get close to trial, you can generate reports that list every document, exhibit, and testimony that supports each element. This feature is a good example of how a litigation support program can improve the way you litigate a case.

Most litigation-support packages allow you to annotate documents and images with text-based notes. However, two programs, Discovery Pro 2.1 (Integrated Information Services, (800) 443-8007) and Summation, allow you to make verbal annotations-assuming you are using a computer with a sound card and microphone. Discovery Pro goes even further by allowing you to attach video files to documents.

Another program with unique annotation features is ProCura 1.96 (Guardian Data Systems, Inc., (630) 834-2534). If you find a section that you would like to annotate, you can right-click the mouse and a box appears with five annotation options: Citation, Issue, Bookmark, Memo and Time Event. Selecting one of these options opens another box where you can enter the appropriate text. The Time Event option is particularly useful, since you can attach dates to certain events and passages. After you have finished your review, you then can print out a chronological report of these references.

Only a handful of litigation-support packages have complete, built-in imaging options. For example, Discovery Pro comes with a well-integrated viewer that unfortunately does not allow image manipulation or annotation. Both ISYS and Concordance provide basic but functional imaging components. However, most packages that lack imaging features can link to popular third-party imaging programs like IPROTrieve 2000 (IPRO, Inc., (602) 249-3431) and WinVzn (inVzn Development Corp., (619) 696-6896).

One program that is designed to scan a large number of images is Legalimage 5.0 (OpticImage Software Corp., (609) 988-9004). While this program can handle a case that generates numerous images, its confusing interface makes it difficult to use initially. Nonetheless, if your primary objective for a particular case is to scan a ton of documents, this may be a program to consider.

Sharing information becomes critical when litigation involves attorneys and clients in several locations. If you are usually involved in this type of litigation, consider packages with workgroup capabilities, allowing multiple users to access the case information simultaneously. Concordance is one product that is especially designed for use across a network, whether the files are located on a LAN or on an Internet Web site. The security features allow the administrator to control not only a user's access to the information, but even what menu items will appear on the user's screen.

JFS Litigator's Notebook 2.2 (J. Feuerstein Systems, (210) 525-9221) can also accommodate a litigation team scattered in different locations. This program is a Lotus Notes-based software package that lets teams of attorneys build and share online case notebooks. Within the program, information is broken down into Witness, Issue, and Topic binders that are modeled after the three-ring case binders attorneys often compile during case preparation. The Notebook acts as the repository for all critical case information: discovery documents, deposition testimony, witness profiles, memos, and pleadings. Litigator's Notebook can now be placed on the IBM Global Network, a secure Notes server that remote and registered users can access from just about anywhere in the world. This allows firms that do not have a Notes server to run this package.

Selecting a litigation-support program requires due diligence. Ask for references from the manufacturer and fellow attorneys on services like Counsel Connect and American Bar Association mailing lists. Finally, be sure to put your final candidates on trial by asking for a money-back grace period. Remember, there is no substitute for testing these programs yourself under simulated battle conditions to make sure they work as expected.

Briefs & Bytes: Congratulations to CEB's Business Practice Library CD-ROM, which was named the "Best Vertical Industry Infobase-Legal" at the 1997 Folio Infobase Awards Ceremony on May 1. The recognition was well deserved, because this is everything a CD-ROM product should be. Not only can you perform the usual full-text searches, you can also export the forms in the CD-ROM to your favorite word processor (both WordPerfect and Word are supported).

First Look at WordPerfect 8. After releasing its first 32-bit suite almost one year ago, Corel has just released a new suite that contains the latest version of its flagship word processor, WordPerfect 8. This version catches up with many of the features introduced in Microsoft's Word 97. It also allows versioning (saving different revisions of the same document in one file), and includes a central address book, and context-sensitive toolbars that change depending on the object selected. However, the most welcome improvement are the "retro" features. First, the file format is backward compatible with WordPerfect 6.1 and 7 for Windows. The second improvement is that the new version is faster and more stable than its predecessor, WordPerfect 7. If you are thinking about upgrading to this version, make sure that you have installed all of the appropriate Windows 95 patches and updates (i.e., Service Pack 1 and the Kernel32 update-available on Microsoft's Internet site). Also, if you use HotDocs or Worldox, wait for upgrades from these companies because the new version of WordPerfect 8 does not integrate with these two programs.

Word Patch. One of the big complaints about Word 97 is the change in the file format, which makes documents saved in the new file format incompatible with prior versions of Word. To make the new format backward compatible, Word 97's current conversion utility saves documents as rich text file documents, which tend to be larger and lose some of the formatting. In response to these complaints, Microsoft has issued a patch that converts Word 97 documents to a true Word 95/6.0 format. To download the patch, go to Microsoft's Web site at: http://www.microsoft.com/Officefreestuff/word/dlpages/wrd6ex32.htm.