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Use of Technology in Mediation and at Trial

Use of Technology in Mediation and at Trial. Kenneth G. Raggio Raggio & Raggio PLLC Dallas. Updated Article & materials available at:. www.raggiolaw.com/iPad.htm Video gods willing, the State Bar will have the video of the acutal presentation up soon. Technology is….

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Use of Technology in Mediation and at Trial

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

  2. Updated Article & materials available at: • www.raggiolaw.com/iPad.htm • 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

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