Having been involved in the creation of hyperlinked briefs and the technology to create them for over 12 years, I am clearly a cheerleader of their increased use and filing. I believe that an EBrief is a far superior method of delivering information to the court in support of your clients’ position. It should be used in the majority of filings in both State and Federal courts, for briefs and major motions. For further details on EBriefs and EBrief technology, please CLICK HERE.
Despite the fact that EBriefs have been around for over a decade, I still receive questions on a daily basis asking what the advantages are of creating and filing them. In this post, I will address a few of the more recent advantages I have described to inquiring minds who want to know……
1. Can EBriefs Offer me an Advantage?
Lawyers are constantly looking for and advantage or edge over their opposition. The don’t hesitate to employ the best expert witnesses, preparing the best opening statements and crafting the best written argument to provide the judges with material to allow them to rule in favor of their clients.
a. EBriefs are the best tool available to improve the presentation of your written material to the court by improving the flow of your argument. I have heard from attorneys who say that they have adapted their writing style to take advantage of the ability to instantly and repeatedly link to an important piece of evidence or a key citation that is pivotal to their argument.
b. Providing order in a complex case. No one is capable of keeping mental track of every piece of evidence that you have presented to prove your case. Imagine how an EBrief would improve your submission to the court when it referenced 150 cases and statutes and 3,000 different exhibits (really only a medium sized filing). By providing a digital method of instantly accessing whatever piece of evidence caught the courts attention, EBriefs assure the reader that they can instantly access information to obtain an answer while the question is still fresh on their mind.
c. Not every one is using them yet. How is that an advantage? Imagine the judge receiving briefs from the two parties in the litigation. The plaintiff submits only a paper copy accompanied by 15 volumes of exhibits, bound together and delivered to the court in 5 bankers’ boxes. The defendant submits the paper requirements to the court but goes the extra step to supply a hyperlinked EBrief to the court which will allow the court to instantly look up any case citation or review a key contract document with the click of a mouse. By making it easier for the court to review more material, you increase the likelihood that the court will better understand your argument.
2. Can EBriefs integrate audio and video?
Many cases litigated today include video demonstratives that have been created at great expense to help tell a story to the jury. Oftentimes, depositions are video taped and key segments are played to the jury to reinforce a witnesses ‘live’ testimony. Animations and reconstructions are created to provide a visual picture of the situation. The problem is that this material is rarely used by the court during their review of the written briefs because it is to time consuming to launch and then find the electronic file.
a. When you submit an EBrief, you can easily integrate photos, video and audio files directly into your written argument. The user can move seamlessly from the text in the brief to launch the video that offers the proof of the statement. Hyperlinks allow the writer to get that important evidence back in front of the judge another time to make sure that the point is remembered. In effect, an EBrief is a multimedia presentation to the judge in chambers, improving clarity and answering questions on the spot, while the reader is engaged. In fact, it is the closest thing to oral advocacy in the Judges' Chambers.
3. Do judges actually use an EBrief to review the case?
Some people have expressed a concern that the extra time and money to create an EBrief may not be worth the effort. What if the court relies solely on the paper version and ignores the electronic version?
a. Any good EBrief service will only recommend the creation of an EBrief when they have knowledge about that particular courts requirements and use patterns. While many courts have not yet adopted formal rules regarding the submission of EBriefs, there are thousands of courts that are more than happy to receive them when they are created. A simple phone call to the Clerk of the Court will determine whether the court encourages EBrief submissions and whether a motion is required to request permission to file one. At Trial Brief Pro, we will make sure that each EBrief filing is compliant with the Court’s expectations and requirements.
b. From a technology perspective, Court computer systems have all been upgraded in the last ten years and can handle the receipt of an EBrief on CD, DVD, Flash drive or through a direct download. From a personnel perspective, both the judges and their clerks are now computer literate, and they appreciate the advantages that EBriefs offer to them in terms of efficiency during their review process.
c. As we move further into the future, and E-filing systems completely replace the requirement for paper versions, those attorneys familiar with EBriefs (what we call E-filing on steroids) will be ahead of the curve in compliance with the court rules. EBriefs are an extremely “Green” alternative to the submission of 10 paper copies of the brief and complete volume sets of exhibits.
4. EBriefs and “PAD” technology
Many law firms and courts are making the transition to the use of “Pad” technology, with the iPad clearly taking the lead. Can EBriefs be created for use on the iPad?
The short answer is yes, EBriefs can be created to run on iPads. However there are a couple of caveats that should be recognized before the commitment is made to submit a tablet version of the EBrief.
a. A determination must be made before work commences on whether to create a “regular” EBrief for PC use vs. an iPad version. Since the technology is a little different, it is not simply a matter of copying a PC version to the iPad and having it function flawlessly. The primary reason for this is that iPad does not work well with Adobe Acrobat, the default format adopted by most courts. In order for an Adobe to function properly on an iPad, the user must also have a secondary tool installed on their system. Some courts do not know this and will not allow external software to be added to their systems.
b. In addition, when it is created, an iPad EBrief must be created in a single PDF file format (not a multiple file directory which is the preferred format for EBriefs to increase efficiency). The disadvantage of a single file format is that as the submission gets larger and larger, it is more difficult to navigate between the brief and supplemental documents, with document recall response time adversely affected from the user’s perspective. Trial Brief Pro has created a number of EBriefs in this format, but it requires some discussion beforehand to assure it is the proper choice.
Today’s litigation climate often requires the presentation of information in a user-friendly, well-organized manner. Law firms and clients are beginning to look for the best and most accessible formats available for their briefs. EBriefs are the answer that many have been searching for without knowing exactly what they wanted. Make sure you use an experienced EBrief vendor that can provide you with good advice, complete answers to your questions, a fantastic end-product that meets the court requirements, and does so both in a cost-effective and timely manner. For further details on EBrief technology, search for prior blogs on this page or visit Trial Brief Pro.
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