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Selecting expert witnesses for a trial can be a lengthy process, requiring knowledge of the academic and experiential qualifications of witnesses and their suitability to provide evidence on a particular case. Solutions supporting the identification and selection of expert witnesses provide databases of witnesses together with information helping lawyers decide whether a witness is a good candidate. Experts.com is one such solution. Courtroom Insight allows firms to keep information about wtiness they have previously leveraged, to assist in making decisions internally.

Expert Witness Selection

<p>As a result of the entrenched nature of eDiscovery, litigation is an area of law in which a large number of technology vendors operate. The field of eDiscovery continues to evolve, with ever more sophisticated tools providing forensics solutions and data analytics capabilities. The acquisition by Reveal of Brainspace and NexLP is a good example of an evolving vendor, though Relativity, Exterro, Integreon, AccessData, Everlaw and many others have also developed data products. End-to-end case management systems have now adapted to provide capabilities that support other aspects of litigation practice, including chronology development, transcript management, exhibit management and trial preparation. Major players such as Opus 2 and Litera Litigate allow for integrations with eDiscovery vendors and the import of tagged hot documents into the case management system. During the pandemic, virtual court work has become necessary, giving rise to the development of platforms such as Armatus and DepoDirect for remote depositions and trials. In addition to these categories, many other point solutions have developed to support various aspects of litigation practice.</p>

Litigation Management

Discovery Responses

Court Reporting

Costs and Settlement Management

Before a trial starts, counsel have the ability to select or exclude jurors. This jury selection process requires counsel to question individual prospective jurors during voir dire, in order to reveal potential bias, and then to exercise a limited number of preemptory challenges to remove jurors who have been identified as potentially problematic. Various solutions support the research and organization required during jury selection. Of these, Jurorsearch is best known. Solutions such as Voltaire extend the capabilities around jury selection, providing AI-driven and behavioural analytics on the risks and benefits of each juror.

Jury Selection

Creating a chronology of events is often one of the first tasks in a litigation matter to understand the series of events that led to a claim being made. Chronologies become extremely long, and a critical aspect of the storytelling of a case. Being able to tie key documents, issues, and witnesses to items in the chronology is a critical aspect of litigation strategy. Electronic chronology solutions commonly allow for issues and witness tagging so that the chronology becomes an organic document linked to key evidence. End-to-end case management solutions typically include automated chronology development. This category includes only those that provide chronology support outside of more fulsome case management support. 

Chronology

Ensuring that case citations in briefs, motions and pleadings are accurate and correctly formatted requires painstaking manual proofreading. Various solutions address this pain-point. Some, like Litera’s Litigation Companion and Thomson Reuters’ Drafting Assistant, are Word plug-ins that allow simple in-app checks of citations and citation formatting. Others, such as Casetext’s CARA, Quick Check in Westlaw Edge, and the Judicial Brief Analysis by LexisNexis allow for the uploading of a brief or any document that contains citations, whereupon the tool provides lists of additional relevant cases, note-ups of existing cases, or cases that should be cited in opposition. This functionality is not limited to the US, with Doctrine providing a robust citation check solution for French law.

Citation Check

Law firms handling many litigation cases on behalf of clients must track hundreds of court dates and deadlines for these cases. Court calendaring solutions automatically import key court dates and schedules and distribute these to litigation teams, as well as being able to trigger reminders or "ticklers" to let lawyers know that deadlines are approaching. CourtAlert is a leading provider. See also, Docketing.

Court Calendaring

Case Collaboration

Court forms vary from jurisdiction to jurisdiction and must be populated with specific information relating to a litigation matter, including the case file number and party names. Solutions such as Forms Workflow have developed in states that automatically pre-populate court templates for each jurisdiction and which retain case-specific information so that each subsequent pleading or filing within the case is auto-filled. In Canada, ACL by Korbitec captures matter-specific details and autofills court forms and letters.

Court Forms