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The
Jury Loved My iBook
Dear Powerlisters
and MacLawyers:
I just finished a
med-mal trial - an obstetrical negligence case
involving shoulder dystocia that resulted in a
brachial plexus injury - Erb's palsy.
During the trial, I
adduced testimony both from live witnesses and from
witnesses who had previously testified by
videotape. All of my 'video' depositions were
actually edited down in iMovie (for OS X) on my
PowerMac G4 733 (with Superdrive), burned onto DVD
with iDVD 2, and played on my iBook 600. Most of
the video depositions were recorded in mini-DV
(digital) format, but for those that were recorded
in VHS, I used a Formac Studio to get it into my
PowerMac G4 running OS X 10.1.2. The Studio worked
great right out of the box.
In court, the iBook
was connected (via the dongle) to the courtroom's
built-in Epson projector, which in turn projected
my desktop onto a huge screen mounted on the
courtroom wall.
The beauty of iDVD
is that it allowed me to break up rather longish
(even after editing) testimony into shorter, more
manageable blocks organized by subject. The longest
clip was about 21 minutes. Later in the trial I
would call the same witness by videotape on another
subject. The jury commented afterwards that
offering the testimony this way kept them focused
and attentive (which they were).
For rebuttal, I was
able to get a clip that I hadn't played before of a
witness who my people said appeared extra-credible,
and in iMovie the night before create a title slide
that read, in sort of dramatic fashion:
"Mary Jones . . .
In Rebuttal of . . . The Lying Doctor" (names
changed of course).
My iBook was
running OS X 10.1.2 and never, ever either in court
or at the office during the long nights did it
crash.
I also used
Powerpoint v. X (part of Office X) in a way I
hadn't before - creating bullet charts capsulating
and highlighting a witness' live testimony 'on the
fly' - while the witness was on the stand. Again,
good feedback from the jury, as the simple act of
typing a bullet point which the whole courtroom
could follow along with only served to emphasize
and reinforce the witness' testimony.
Then during one
part of my closing I showed the jury the slide 'we'
had created together, and it really hit home. And
at another part of my closing, I played a 1 minute
clip of very important testimony.
In the post-verdict
interviews, I was humbled by the jury's very high
marks for my preparedness and my "mastery like a
professional" (one juror's words) of the
computer.
I was very happy
with my iBook, OS X, Apple's DVD Player, iDVD,
and
Office X.
P.S. - The jury
gave my client the big bucks she
deserved!
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Emailed from the iBook DVD/CDRW of:
===================================================
Peter M. Zavaletta
THE ZAVALETTA LAW FIRM
**PERSONAL INJURY & MEDICAL MALPRACTICE**
Brownsville, Texas
phone 956.546.5567 fax 956.541.2205
===================================================
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The Way the
Trial Was Won
Apparently
you don't necessarily need a six-shooter to settle
those greivances in Texas nowadays...but, an iBook
comes in mighty handy for Peter Zavaletta,
Esq.
Peter
used iDVD2 and iMovie to create manageable blocks
of video-taped testimony, organized by subject
matter, for a powerful presentation.
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BIG
FIRM SOLO PRACTITIONER
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How
Mac-Savvy Lawyers Can Use Their Preferred Computing
Platform, Even at Large, Windows-Based Law
Firms
Kerry M. Griggs,
Esq.
Phoenix, Arizona
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I was hooked the
moment a saw a crisply-rendered menu "drop down"
from the top of that blue, nine-inch screen. I
opened and closed "windows" just to watch them
zoom. I clicked excitedly through every tutorial,
dual 400K drives gently humming along in smooth
harmony. My first full session with MacPaint simply
sealed the deal. I couldn't get enough of the
computer that smiled and said, "Hello."
It was 1984 and I
had found "Macintosh." Suddenly, the Franklin Ace
2000's and IBM PC's in my high school computer labs
seemed useless. The Atari 400 became a laughable
memory. (Don't even get me started on the
CompuGraphic photo-typesetter we were using for
page layout.) "Apple has done it," I thought. "They
got it right. This is what a computer is supposed
to do, and this is how work is supposed to be done.
This will change the world." Little did I know
that, eleven years later, I would join a profession
where this world-changing machine would
inexplicably confuse, intimidate, and frighten so
many.
Yes, when I passed
the bar and joined a large Phoenix law firm, I was
assigned a standard-issue Wang 286, running DOS and
Banyan Vines. Suddenly command lines and
WordPerfect codes were part of my computing
experience. I felt as though I had taken an
eleven-year jump back in time. My first 128K Mac
was light-years ahead of that box, not to mention
my SE/30, PowerBook 140, and Centris
610.
At first, I simply
accepted this anachronistic reality with humble
associate resignation. However, as my office
computing productivity continued to lag behind my
Mac-based home system, I knew I had to act. I,
therefore, embarked upon a years-long quest to
integrate a Mac into my office practice.
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Apple
has done it, I thought; they got it right. Yet,
when I passed the bar and joined a firm, I was
assigned a standard issue Wang 286 running DOS. I
felt as though I had taken an eleven-year jump back
in time. At first, I accepted with humble associate
resignation. I embarked on a years-long quest to
integrate a Mac into my office practice.
Today,
a PowerBook G4 running OSX hums happily on my desk,
comfortably communicating with our NT
network.
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Today, a PowerBook
G4 running OS X 10.1.3 hums happily on my desk,
comfortably communicating with our NT network. At
home, I connect wirelessly to the web, through my
G4 tower, accessing office network files and
communicating with other users on my office
LAN.
From a technical
standpoint, getting here was not difficult. The
necessary tools are readily available and the web
is awash in free hints and tips from dedicated Mac
users, including Mac-focused lawyers at MacLaw.org.
With such support, any experienced Mac user with a
willingness to research and do some low-level
troubleshooting should be able to pull it
off.
The real hurdle is
philosophical. Large firm administrators and IT
personnel have a tendency to believe that the
introduction of a Mac onto a Windows-only network
will lead to LAN Armageddon. Of course, this is a
myth, based upon the "old days" of proprietary
systems and closed networks. But myths can, at
times, be difficult to deconstruct.
The keys to my
success were diligent homework and effective
presentation. I knew going in that I had more Mac
knowledge than any of the decision-makers,
including the IT people. I simply needed to show
them that I had anticipated every contingency and
had all the answers. I also needed to specifically
rebut, with facts and technical research, the
stories that usually began, "Some guy tried this at
my old firm and screwed up the network."
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The
real hurdle is philosophical. Large firm
administrators and IT personnel have a tendency to
believe that the introduction of a Mac onto a
Windows-only network will lead to LAN Armageddon.
Of course, this is a myth, based upon the "old
days" of proprietary systems and closed networks.
But myths can, at times, be difficult to
deconstruct.
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From this
experience, I have prepared the following list of
pointers for those seeking to bring a Mac into the
Windows-dominated world of medium-to-large law
firms. These pointers address not only the
philosophical, but also some of the technical
issues inherent in the process.
Outline
your expected productivity gains.
As with all
money-making organizations, law firms are
interested in how technology will make a user more
productive. In my case, I explained that my home
computer system is all Mac. I discussed my need to
have an office system that would integrate well
with my home system, particularly as concerns web
and office network access. I illustrated how a Mac
laptop for work would increase my ability to follow
up on files after hours, at home and on the road. I
explained my frustration at being beholden to
often-inaccessible help desk people while using a
Wintel laptop, when, with a Mac, I could resolve my
own remote-access problems. This was effective.
Firm administrators generally listen when more
billable hours are at issue.
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I
explained my frustration at being beholden to
often-inaccessible help desk people while using a
Wintel laptop, when, with a Mac, I could resolve my
own remote-access problems. This was effective.
Firm administrators generally listen when more
billable hours are at issue.
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Highlight
the Microsoft connection.
Fortunately,
Microsoft's Mac Business Unit has done an admirable
job producing software to keep the Mac on par with
Windows. Networked Mac users can seamlessly open
and save all MS Office documents without the
remaining users on the network missing a beat.
There are no translation hassles. If you are
clever, you can even work around integrated
Windows-only third-party "document management"
software by locating the file directories on the
network and opening files directly into Mac Office
programs. This does not impact their subsequent
ability to be accessed through the document
management system. The one minor Microsoft-related
drawback is Outlook. Microsoft has not yet produced
an OS X native version of this PIM client. I have
seen nothing that outlines their plans either way
with respect to this issue. Still, I am able to run
the OS 9.x Outlook client through Classic, giving
me complete e-mail, task, and scheduling parity
with Windows users. Full Microsoft compatibility is
a real plus from an "establishment"
perspective.
Don't
underestimate the power of Virtual
PC.
Connectix's Virtual
PC is a wonderful piece of work. It allows a
"virtual machine" to be set up on a Mac that
appears as a standard Windows box to everyone else
on the network. Virtual PC allows me to access a
complete, firm-standard software set, without
denying me the additional benefits provided by the
Mac OS. Our IT personnel have installed some very
cumbersome, law-specific software packages on my
Mac, using Virtual PC. So far, it hasn't flinched.
While Virtual PC certainly isn't as fast as a
dedicated Windows machine, it does what I need it
to do, the few times each day I need it. In
presenting my case to the firm concerning this
issue, I discussed the "redundancy" that a VPC
set-up provides. I explained how, if "something"
happens to my Mac MS Office installation, I can
still hum along with my VPC installation, and vice
versa. The firm administrators seemed to like this.
Based upon their own experience with computers,
they know that "something" certainly could
happen.
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Full
Microsoft compatibility is a real plus from an
"establishment" perspective.
Virtual
PC allows me to access a complete, firm-standard
software set, without denying me the additional
benefits provided by the Mac OS. Our IT personnel
have installed some very cumbersome, law-specific
software packages on my Mac, using Virtual PC. So
far, it hasn't flinched.
I
explained how, if "something" happens to my Mac MS
Office installation, I can still hum along with my
VPC installation, and vice versa. The firm
administrators seemed to like this. Based upon
their own experience with computers, they know that
"something" certainly could happen.
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Show how
"the internet" is the great network
equalizer.
One of the most
significant philosophical challenges involved
rumors of Macs crashing Windows networks due to
their proprietary network protocols. Here, the
internet came to the rescue. I explained how, in
the "old days," proprietary network protocols may
have caused problems for inexperienced users.
However, with the advent of "the internet,"
everything changed. Virtually all computers use
standard TCP/IP networking, and millions of Macs
are logged onto NT and UNIX servers every second of
every day. Everybody knows something about "the
internet" and even inexperienced users seem to
grasp how this "new phenomenon" probably has had a
big impact on connectivity among different flavors
of operating systems, even on a LAN level. Today,
OS X has built-in, auto-configuring network
capabilities that allow an OS X user to log on and
mount volumes on standard NT networks, right out of
the box. The "old days" are over, especially when
many services are accessible through a simple web
browser on any computing platform. This is not
difficult for managing lawyers to
understand.
Leverage
the UNIX factor.
Along with OS X
came the instant credibility of UNIX. Tech people
seem to like this. In dealing with the firm's IT
personnel, I discussed the rock-solid nature of
UNIX and its implementation of open source,
industry standard technologies. I explained that
servers around the world are running UNIX, handling
hits by Macs, PCs, Linux boxes, and everything else
one can imagine. Further, I mentioned that many
UNIX open source applications are being released in
OS X flavors. On a more micro scale, I pointed out
that UNIX systems generally don't crash. (I think I
have had one kernel panic, and it resulted from the
accidental unlatching of the PowerBook's keyboard
while the computer was running.) Offending
applications may crash, but the system itself
remains unaffected. Most long-time Windows users
have difficultly believing this, but are intrigued
by the prospect.
Explain
the wonders of TCP/IP printing.
In all honesty,
printing was the one main technical challenge I had
when I first put my Mac on the network. I think it
had something to do with HP's netprint boxes on our
old LaserJet 4's. I could print from Virtual PC,
but not from standard Mac applications.
Fortunately, our firm recently acquired a new HP
4100 series printer that solved this problem for
me. We plugged the printer into the network and I
recorded the IP address. I then set up an "LPR"
printer using the OS X Print Center utility and the
OS X-provided HP driver. It now works like a charm,
with my Mac communicating with the printer via
TCP/IP.
Discuss
the Mac's immunity to most virus
attacks.
Recent virus
attacks are still fresh in most Windows users'
minds. Macs have traditionally made it through
these attacks unscathed. I assume that a virtual
machine, using VPC could get attacked, but VPC has
a great feature that allows a user to simply quit
without saving any changes to the hard drive image.
This is simply added security, increasing a Mac
user's chances of working through issues that can
be devastating to the Windows world. Firm
administrators love this sort of safety net. Again,
it's all about billable hours and productivity
gains.
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Everybody
knows something about "the internet" and even
inexperienced users seem to grasp how this "new
phenomenon" probably has had a big impact on
connectivity among different flavors of operating
systems, even on a LAN level. Today, OS X has
built-in, auto-configuring network capabilities
that allow an OS X user to log on and mount volumes
on standard NT networks, right out of the box.
I
explained that servers around the world are running
UNIX, handling hits by Macs, PCs, Linux boxes, and
everything else one can imagine. Further, I
mentioned that many UNIX open source applications
are being released in OS X flavors. On a more micro
scale, I pointed out that UNIX systems generally
don't crash. While tech people seem to like this,
most long-time Windows users have difficultly
believing this, but are intrigued by the
prospect.
Recent
virus attacks are still fresh in most Windows
users' minds. Macs have traditionally made it
through these attacks unscathed. Firm
administrators love this sort of safety net. Again,
it's all about billable hours and productivity
gains.
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Illustrate
the Mac's ability to work with imaged documents,
deposition transcripts, and presentation
software.
In a
litigation-centered practice such as mine, lawyers
are increasingly turning to technology for help
with document management and trial presentation.
Unfortunately, most litigation software is
Windows-only. However, the Mac can hold its own
with respect to all but the most demanding tasks,
using off-the-shelf applications such as Adobe
Acrobat and wonderful freeware gems such as BBEdit
Lite. Most document imaging companies are happy to
provide a PDF file on CD, in addition to the
directories full of TIFF files and import scripts
necessary to pull electronic records into most
dedicated litigation management programs. Further,
BBEdit Lite, coupled with the Mac finder, does a
beautiful job of searching and organizing trial and
deposition transcripts. In fact, for many tasks, I
prefer BBEdit Lite's searching capabilities to
those of dedicated litigation tools. In addition,
PowerPoint, the perennial closing argument
favorite, comes standard with the Mac Office suite.
I should also note that PDF, another emerging
standard, is essentially OS X's native graphics
engine. Law firms like standards.
Bring up
the Citrix issue.
Mac users at firms
with Citrix installations are in luck. There are
Citrix clients available for most operating
systems, including some modified Java clients that
work under OS X. Citrix technology permits a Mac
user to essentially run a full Windows application
set with very little overhead . A good set up might
be considered as a replacement for Virtual PC,
although I wouldn't risk it. Citrix is also is a
good workaround to the lack of an OS X native
Outlook client.
Editor's
Note: Citrix is an expensive set-up. If your firm
already has Citrix installed, then it's a no
brainer. The Mac client for Citrix is a free
download and simple to set-up. However, if your
firm is not already using Citrix, I wouldn't even
mention it.
Point out
the Mac's hardware standards.
Many people are
under the impression that the Mac is still a closed
system, unable to communicate with peripherals.
This is not the case. I have had success in
connecting to generic USB devices, FireWire hard
drives, digital cameras, LCD projectors, etc. In
fact, for a recent trial, I had my PowerBook and an
IBM laptop both connected to the same LCD
projector. I switched back and forth between the
two without a problem. As soon as the projector's
cable was connected to my laptop, OS X auto-sensed
the signal and put the computer into video
mirroring mode at 1024 x 768 resolution. The IBM
had to be manually configured.
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Most
document imaging companies are happy to provide a
PDF file on CD, in addition to the directories full
of TIFF files and import scripts necessary to pull
electronic records into most dedicated litigation
management programs. Further, BBEdit Lite, coupled
with the Mac finder, does a beautiful job of
searching and organizing trial and deposition
transcripts. In fact, for many tasks, I prefer
BBEdit Lite's searching capabilities to those of
dedicated litigation tools. In addition,
PowerPoint, the perennial closing argument
favorite, comes standard with the Mac Office suite.
I should also note that PDF, another emerging
standard, is essentially OS X's native graphics
engine.
For
a recent trial, I had my PowerBook and an IBM
laptop both connected to the same LCD projector. I
switched back and forth between the two without a
problem. As soon as the projector's cable was
connected to my laptop, OS X auto-sensed the signal
and put the computer into video mirroring mode at
1024 x 768 resolution. The IBM had to be manually
configured.
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Address
total cost of ownership issues.
There is some
evidence on the web suggesting that total cost of
ownership for Macs is much less than for Windows
machines. I haven't researched this, but can say
that, in my experience, Macs generally have a
fairly high resale value. Further, brand new, my
PowerBook G4 cost the same as the standard-issue
IBM laptops our firm provides to attorneys.
Naturally, I had to buy much of my own software,
but I was happy to do so.
Don't be
afraid to do some horse trading.
Mac users should be
creative in structuring deals so there is little
risk to their firms. I provided our firm
administrators and the IT personnel with a
guarantee. If the Mac didn't work on our network, I
would disconnect it and pay for it. I also agreed
to reimburse the firm for the reasonable value of
the Mac if I left the firm for whatever reason.
That was about a year ago, and my PowerBook G4 has
been chugging along faithfully ever since. I have
no thought of leaving.
The Macintosh
certainly has come a long way since 1984. I have
been a committed user even through the low points,
since I am simply convinced that it is the best
tool for the job. In my view, the platform is
currently as viable as ever, even in the Windows
stronghold of large law firms. I would encourage
any tech-savvy lawyer to explore the possibility of
transitioning his or her practice to the
Mac.
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I
provided our firm administrators and the IT
personnel with a guarantee. If the Mac didn't work
on our network, I would disconnect it and pay for
it. I also agreed to reimburse the firm for the
reasonable value of the Mac if I left the firm for
whatever reason. That was about a year ago, and my
PowerBook G4 has been chugging along faithfully
ever since. I have no thought of
leaving.
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