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| Computer Assisted Litigation Course Description |
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| Saturday, 02 December 2006 | |
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I. 1Course Description Classroom “H” Catalog Course Description: “Computer-Assisted Litigation (2 units). This course will cover technical, procedural and evidentiary issues related to computer-assisted litigation and the use of litigation software and trial display technology. Students will learn how to use pre-trial and trial litigation support software technology by organizing a document intensive case and preparing key exhibits for trial presentation.” The course will be co-taught by Professor Fred Galves and Professor Tim Piganelli. Professor Piganelli is the CEO of Legal Technology Consulting based in Phoenix, Arizona, and is a veteran trial consultant in over 150 large state and federal commercial litigation cases since 1993. Prof. Piganelli will attend some classes and be available by webinar for other classes. The first portion of the course will be spent on complex computerized document and case management systems. The legal focus will be on Civil Procedure and Pre-Trial Litigation. Our case file will be the Fitzgerald v. Nita Railroad NITA case file. The first part of the course will be spent learning a case analysis program, called “CaseMap,” and a case management software program, called “Summation,” and using them in all aspects of pretrial litigation. We also will work with a new Lexis-Nexis product called “Total Litigator.” We also will have a demonstration of a practice management program called “Amicus;” and we will have a demonstration using the internet for legal and factual research. The second portion of the course will be spent preparing and presenting exhibits for trial and before other legal decision-makers (opposing counsel in settlement conferences, mediators, arbitrators, referees, etc.) using display technology systems. The legal focus will be on Evidence, Trial Advocacy, and Visual Persuasion Skills. Our case file again will be the Fitzgerald v. Nita Railroad NITA case file. The second part of the course will be spent learning two trial presentation software programs, “PowerPoint” and “Sanction.” The goal of the course is to expose the student to software programs that will assist them in pretrial litigation (case analysis, case management, e-discovery, on-line dispute resolution) and will enhance the students’ advocacy and presentation skills (evidentiary issues at trial and strategic, tactical, persuasion considerations). The class will require a substantial amount of time and patience working with the software and students will have ample opportunity to experiment and navigate the software on their own laptop computers (see laptop computer requirements below to make sure your computer is adequate to run the software necessary for this class). Accordingly, like with any skill, the more you practice, the more familiar and better you will become with the technology. Many large and special litigation firms as well as many government agencies use technology extensively in the practice of law. This course is designed to provide the student with a working knowledge of the software and how it interfaces with the practice of law. II. Course Methodology. The course will be taught on Wednesday evenings, for two hours, from 6:15 p.m. - 8:15 p.m. The class will meet in Classroom “H.” The class format is primarily lecture, demonstration, and class discussion. We will sometimes call randomly on students, sometimes we will request volunteers and sometimes we will have student presentations. You are expected (1) to be prepared for class each day and (2) to participate significantly in class discussion. You will have an opportunity to do hands-on learning on your computer (we will provide you with free licensed software to be loaded on your laptop) under the supervision of the instructors. YOU MUST HAVE A LAPTOP COMPUTER FOR THIS COURSE (See specifications below) You will also need adequate, consistent access to the Internet in order to engage in special learning modules, as well as to download and upload information. You should also have access to a printer to print out assignments if you cannot e-mail them. You will be provided with four temporary licensed software programs that extend for course work only: (1) "CaseSoft" (consisting of CaseMap – on which we shall focus and is a case analysis system – and three related programs, for use on your own, “TimeMap,” “Text Map,” and “NoteMap”); (2) “Total Litigator” (a program to assist in drafting litigation pleadings and interfacing with Lexis-Nexis; (3)"Summation" (a document management and pretrial litigation tool); and, for use later in the course, (4) "Sanction," (a trial presentation software program to display and manipulate documents and video-taped depositions), as well as a PDF writer to create portable document files in order to e-mail class assignments. We will also work with “PowerPoint” (the 2003 version), a Microsoft Office Suite product (we cannot provide this software license for free, but it is available in the Word Office Suite, which you probably already have on you computer). PowerPoint is available on the computers in the library computer lab and on the computer in Classroom “H.” The discs containing the software for the class will be distributed during the first class session. You will be shown how to load, log on and access the software and information during the second class if you are unable to load the discs on your own following the prompts. At first, you just want to load “Casemap” and “Summation” (you can load “Sanction” then, or later on if you wish). There will be specific on-line computer module exercises for students to complete in addition to exploring the software on their own. These exercises will be graded. Professor Piganelli is based in Phoenix, Arizona. He will be flying to Sacramento at least three (3) times this semester for live participation in class and will be available by telephone and by website for individual discussion when he is not in Sacramento. We will also have Professor Piganelli participating via the Internet in a “webinar” format (we will have live audio and video of Professor Piganelli along with a view to his computer information while he is physically in Phoenix, Arizona). You also will be given a password and have free access to learning modules on his company’s web site -- where you can access various special learning modules so you can learn and work with the software anytime on your own outside of class. III. Class Attendance. Regular and punctual class attendance is required. A seating chart will be distributed during the first class. Please note that we will be using the classroom screens to display images during class sessions. Please be punctual and try not to miss any class because we have so little time as it is. We may ask you to meet at additional times in order to take advantage of Professor Piganelli’s schedule when he is here in Sacramento, provided ALL students would be available and amenable for such additional sessions. If so, we could, for example, have two class meetings in one week and then skip the scheduled class the following week (or use it for individual meetings or review). We will videotape any such additional class sessions in the event anyone cannot adjust their schedule accordingly but is still agreeable to the additional meeting. IV. Course Grading. There are four (4) areas from which we shall determine your final grade: (1) Midterms/Quizzes. Approximately half-way through the semester and then toward the end of the semester, there will be a short midterm exam covering the material (readings and class skills) which were addressed during the first part of the course (pretrial case analysis, management, e-discovery and on-line dispute resolution--MidTerm #1) and then later a second midterm which will cover the second part of the course (evidentiary issues, trial persuasion/display systems--MidTerm #2). The two midterms together will constitute forty percent (40%) of your final grade (20% for each mid-term). Please note these are closed-book, closed-note exams. (2) Computer Exercises/Homework. You will be given computer exercises to do on your own that correspond to the first part of the course. You also will be expected to access and to go through the learning modules we assign (your access of the modules and work will be noted by the computer). The assigned exercises will require you to navigate the software in order to answer correctly. You will need to save your answers as PDF files and then e-mail them to Professor Piganelli. The exercises will constitute a total of fifteen percent (15%) of your final grade. It is important to do the exercises so that you get the necessary practice that only an active exercise can provide. (3) PowerPoint Presentation. You will be expected to prepare either an opening statement or a closing argument (we will distribute sample scripts from which you can choose) and you will deliver the opening statement or closing argument in class as a PowerPoint aided presentation. This is a precursor to preparing an opening statement or closing argument in the final trial at the end of the semester. The presentation will constitute ten (15%) of your grade. (4) Final Trial Presentation. In lieu of a final exam, at the end of the semester, we will have a final trial exercise in a federal courtroom downtown. Students will present either a closing argument or opening statement and do either a direct examination or cross-examination of a witness using display technology in the courtroom. The student will be graded on the efficient, effective, persuasive and creative use of technology in their presentations, as well as on the legal, strategic and tactical maneuvers and reactions at trial. The final trial exercise will constitute thirty percent (30%) of your final grade. There is no final examination for this course. V. Course Materials. ? The National Institute for Trial Advocacy (NITA) Cases file, Fitzgerald v. Nita Railroad available in the Bookstore. ? Supplemental Materials, distributed every week in class. Make sure to organize these additional Supplemental Materials so you can keep them organized (you may want to put them in a three-ring binder and tab them, for example). NOTE: These materials are largely reference materials for future use. Sometimes you will be expected only to skim some materials, so do not be alarmed by the number of pages. VI. Web Page on “TWEN”. We will have a WEB Page (on “TWEN”) for Computer-Assisted Litigation. The TWEN page for Galves’ Computer-Assisted Litigation will contain our class assignments, class outlines, class announcements, and other pertinent information, and perhaps most useful for you during the semester, a discussion room for you to leave questions or comments for us, as well as other class members. Also, actual judges and attorneys will be “virtual classroom participants” so occasionally they can respond to your comments and leave comments of their own for your consideration. My hope is that we can have an interesting and helpful discussion and interaction OUTSIDE of the classroom via the TWEN page. Please note that the TWEN Page should not be used to ask questions without first trying to determine the answer on your own. My personal e-mail address is “ This email address is being protected from spam bots, you need Javascript enabled to view it ” but please use the TWEN WEB page for any Computer-Assisted Litigation questions you may have so that other students can share their ideas and reactions to your questions and comments. Also, even if you do not have any specific questions, please access the page every week so that you can see/read what other students are asking and saying, and see how I am responding, etc. Note that students who consult the TWEN page often realize they do not understand some aspect of Computer-Assisted Litigation that they previously thought they did understand, but had never asked. VII. Website: “www.fredgalves.com”. I have a website for students, professors, lawyers, judges, and any other persons interested in the law. There will be a link on my website to the TWEN Galves’ Computer-Assisted Litigation site under the “Classes” item on the left-hand side menu. Just click on “Computer-Assisted Litigation” and then you will be on the page for this class. On that Computer-Assisted Litigation page, there will be a link to our TWEN page. Also, there are many articles and helpful items on my website that you may find useful. Please feel free to explore the site, as it is especially geared for litigation technology. In addition to checking my Website, you can access our TWEN page where there will be the class outlines and assignments for the next class (Please also see the “Syllabus” and the “Calendar” features on the TWEN page). When you sign up for TWEN, please make sure to use your correct, current, accessible e-mail address so you will be notified when new postings are made. VIII. Office Hours. My office is located in the Courtroom building across from the Admissions Office (note that it is NOT in the main faculty building where our Classroom “H” is located). My office telephone number is (916) 739-7117. The following are my office hours for fall, 2007: Mondays 4:00 p.m. - 5:00 p.m. Tuesdays 1:00 p.m. - 2:00 p.m. Wednesdays 3:30 p.m. - 5:00 p.m. Thursdays 1:00 p.m. - 2:00 p.m. Also, I usually shall be available by appointment. Please feel free to come by my office anytime, often I will leave my door open and we can chat. Professor Piganelli’s office telephone number in Phoenix is (480) 753-4365; e-mail: This email address is being protected from spam bots, you need Javascript enabled to view it ; website: www.ltc-inc.com . When Professor Piganelli is in town, we often will have extended office hours. The on-line training modules are found at “www.legaltechnet.com” – you will be given a password and shown how to log on for free. IX. Relax Although litigation technology can be intimidating at first, this class will be fun, interesting, creative and active. The focus will be on theory, tactics, strategy, skills development and practical learning. If you barely know how to turn on a computer, don’t worry, we will assist you. If you are advanced, you still will get good practice and will still learn a great deal about successfully interfacing legal theory and trial practice in the 21st Century. X. Syllabus/Reading So that you do not have to purchase any Supplemental Materials, they will be provided (Check the Faculty Secretaries’ Office by Monday, Aug. 13 for the first reading assignment). |
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