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Use of Technology in Mediation and at Trial Kenneth G. Raggio Raggio & Raggio PLLC Dallas.

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Presentation on theme: "Use of Technology in Mediation and at Trial Kenneth G. Raggio Raggio & Raggio PLLC Dallas."— Presentation transcript:

1 Use of Technology in Mediation and at Trial Kenneth G. Raggio Raggio & Raggio PLLC Dallas

2 Updated Article & materials available at: Video gods willing, the State Bar will have the video of the acutal presentation up soon

3 Technology is… Used by lawyers in EVERY case Only the level of implementation varies Emphasis here is on showing the MOVING parts of technology applied to our practice

4 The Premise Use technology To Show the Court/Audience Killer Facts Simple Explanation of a complex issue

5 How to Do It How You want to Do It Notebook/ iPad/ Whiteboard Display Device Backup

6 Demos to include Quasi-Demonstration of an PowerPoint opening statement Glimpse of an Outliner marshalling a complex case iPad making a “live” presentation

7 I. The Opening Statement

8 The opening statement… Should inform the Court/ the determiner of your position succinctly Should preview dominant evidence Takes work to insure what is promised can be delivered

9 Why Are We Here? Part 1 Hal’s Claims of Separate Property in the AZ House

10 AZ house worth $1,400,000 Is 77.65 % his Separate Property(over $1,100,000) Community Equity in House is –[$206,273]

11 Phase I The Argyle, Texas Homestead purchased in 1995 How Does He Get There??

12 $5,000 Community Earnest Money to Purchase Argyle Homestead

13 Earnest MoneyContract : Hal Erg & Jan Erg

14 Deed Issued to:

15 Hal & Jan, Husband & Wife

16 Closing Funded By: $250,000 note $95,523 from Joint Checking Acct (plus $5,000 Earnest money applied)

17 Check from Community Checking Account

18 Mr. Erg Says: Argyle House is 27.25% My Separate Property Based on using proceeds from a prior house sale at closing

19 Then … Mr. Ergott says funds from sale of the Argyle Homestead were reinvested in a Conn. Condo in 2005 (Phase II) (Phase III) The Condo sold in 2006 and proceeds invested in the Purchase of Lot 5 in AZ. BUT…

20 Contract to Purchase of Fountain Hills Lot 5, July 20, 2006

21 Hal & Jan, Husband & Wife “Joint Tenants with right of Survivorship (Not as Tenants in Common nor as Community Property)”

22 ..and paid the earnest money

23 Received Deed…

24 …Harold & Jana, Husband & Wife

25 Hal Claims Separate Interest despite… NEVER a significant recital Inception of Title Arizona Law-presumed gift NEVER a claim of Sep. Prop. NEVER any intent of Sep. Prop. Patent Unfairness

26 Compare Charts of how the parties view their estate:

27 Jana’s

28 Hal’s

29 Part II Why Are We Here?

30 Hal’s View of : His Own Importance The Contributions of Others Can be Demonstrated by:

31 Her Primary Job…

32 In Review Show the Court important data Calculated to aid your position In a way acceptable to the Court/Decision Maker And reap the harvest of your efforts

33 Organization: Using an Outliner

34 Q: What is an Outliner A: An outliner is to ideas as a word processor is to words A(2): An outliner helps to simultaneously concentrate on the Big Picture and the Minutiae

35 An Outliner Can… Help keep track of details on many entities Help you organize witnesses and their testimony Easily toggle between top level concepts and minutiae

36 An outliner in Mediation… Allows quick retrieval of data to prove a disputed point Can, during “off time,” be an efficient tool to plan the next step Can easily keep the evolving “Checklist” up to date so that nothing is missed in the crush to get everything in the MSA

37 Naming Names… Notemap by Lexis-Nexis Outline function in Word & WordPerfert















52 II. The Evidence Using a Timeline

53 Use a Timeline… To Demonstrate an overarching concept To Keep track of a key sequence To combine sight and sound



56 III. Other Computer Use at trial and Mediation Wireless access Play video/audio recording Calculations on the run The comparative spreadsheet Updated materials to submit It takes some planning…

57 And Now… The iPad—live May not display in the rooms But will be on the State Bar website Your registration gets you access to the video

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