California Woman Sues Johnson & Johnson, Claims Company Failed to Warn that Talcum Powder Products may be Linked to Ovarian Cancer

The Yost Legal Group recently published a blog post about how talcum powder from every day products made by companies like Johnson & Johnson may contribute to ovarian cancer. The article goes on to say:

"Thousands of pending lawsuits against Johnson & Johnson allege that the company failed to warn their customers about the potential link between regular use of talcum powder for feminine hygiene purposes and an increased risk of developing ovarian cancer. The most recent talcum powder ovarian cancer case against Johnson & Johnson began this week in St. Louis, MO." 

You can read the full article here!

Trial Skills 2013 Promises the Best of Trial Advocacy

Preparing a case for trial is much like preparing a canvas for a portrait. At first, you need to properly decide the theme of the portrait. Next, you need to decide the medium to be used. What story will the portrait tell the jury? How will the jury respond to the final product? 

Join us for Trial Skills 2013 this Friday, April 12 from 9:00 am - 5:00 pm, and you will learn from some of the most talented artists in our field. The course will be structured as if it were a trial. We will take you from creating your theme to voir dire, client preparation, opening statement, motivational demonstrative evidence, effective cross-examination, choosing jury instructions, closing statements and preserving issues for appeal. No matter how many trials you have participated in, this CLE offers everyone the chance to perfect his craft.

Time is running out. Reserve your seat today. See below for registration links.

 Here is a preview of our agenda and all-star line-up...

VOIR DIRE / OPENING STATEMENT 

with Annie P. Kaplan, Fay Kaplan Law, PA

 

EXAMS OF CLIENTS / PREPPING YOUR CLIENT 

with David A. Harak, Harak Law Firm, LLC

 

DIRECTING PLAINTIFF / DIRECTING EXPERT 

with James L. Otway, Otway, Russo & Rommel, PC

 

WOWING THE JURY / EXHIBITS 

with a very special guest to be announced...

  

CROSS EXAMINATION / CROSS EXAM DME / CHALLENGES 

with William H. Murphy, Jr., Murphy, Falcon & Murphy

  

JURY INSTRUCTIONS / VERDICT SHEETS

with Hon. Steven I. Platt (Ret.), The Platt Group, Inc. 

  

CLOSING ARGUMENTS 

Robert R. Michael, Shadoan, Michael & Wells, LLP

 

POST-TRIAL MOTIONS / APPELLATE ADVOCACY 

with Hon. Joseph F. Murphy, Jr. (Ret.), Silverman, Thompson, Slutkin & White LLC

& David M. Kopstein, Kopstein & Associates, LLC

REGISTER ONLINE

DOWNLOAD BROCHURE

  

LegalTech – Typography, Part II (Adaptions, Style & Special Considerations)

This post is Part II of LegalTech's 2-part series on typography. Read Part I here. 

Simple Adaptations

Lawyers have carte blanche to change the typography of their letters, and have surprisingly few limitations for pleadings filed with the courts. Butterick makes a number of recommendations (and describes how users of Word, Wordperfect, and Mac Pages can implement those changes) to improve readability:

Font: Unless required by a court, all fonts should be proportional instead of monospaced. A monospaced font is one where every character, including the i and the m, are the same size. It was the way most typewriters worked. A proportional font conforms to the way letters are actually written, and different letters have different widths. Monospaced fonts take up more room, give lawyers fewer words per page, and are inherently harder to read. 

Most lawyers use Times New Roman for their filings. That font was designed in 1929 for the London Times newspaper, and was created to be used specifically in a newspaper’s column-format. Per Butterick:

When Times New Roman appears in a book, document, or advertisement, it connotes apathy. It says, “I submitted to the font of least resistance.” Times New Roman is not a font choice so much as the absence of a font choice, like the blackness of deep space is not a color. To look at Times New Roman is to gaze into the void. If you have a choice about using Times New Roman, please stop. Use something else. 

Other (better) font choices include Bell MT, Book Antiqua (my favorite), Californian FB, Calisto MT, Century Schoolbook, Franklin Gothic, Garamond, Gill Sans, Gill Sans MT, Goudy Old Style, Hoefler Text, Optima, and Palatino. Try them all out and use something that you like. Just not Comic Sans…. 

Spaces After Periods: This is one of Butterick’s hard-and-fast rules. He argues that two spaces after a period is a holdover from typewriter days and used to help set off sentences for monospaced fonts. The problem is that in large blocks of text, those double-spaces add up to create rivers of white space. He counsels that major publications, including books and newspapers, all use one space after periods.

Line Spacing: Line spacing is the amount of vertical space between lines. Most people use double-spaced or single-spaced lines. However, there are other options. Butterick advises that optimal line spacing is between 120% and 145% of the point size (meaning that a 12-point font should have between about 14 and 17 points of line spacing). Single-spacing is about 117%, 1.5-spacing is about 175%, and double-spacing is about 233%. Adjusting the line spacing is also better than modifying point size for shortening a document. 

Line Length: One of the major modifications that lawyers can make to their documents is to adjust the line length. This is the length from the left side of the text to the right size. Shorter lines are easier to read than longer lines, and lawyers should strive for 45 to 90 characters per line. Though font choice and point size have an impact, the best way to modify line length is to increase page margins. The default on most word processing programs is one inch per border. However, the left and right borders should be between 1.5 and 2.0 inches each. 

Using two-inch side margins is going to produce a drastically different-looking pleading than what you’re used to. When used in concert with a slightly smaller font (even 11 points), and better line spacing, the result will still be more words per page than a double-spaced, 12 point font with one-inch margins. Further, it will be a document that is easier to read. If two inches make you nervous, start with 1.5 inches on each side. 

Quotation Marks and Apostrophes: Straight quotes are commonplace, but should be shunned in favor of curly quotes. The same goes for apostrophes, which should be curly and point downward. They are more legible, and match the other characters better.

Emphasis: Another holdover from the typewriter is underlining, which was formerly the only way to emphasize text. Underlining is mechanically applied, and has no relationship to the font. Other means of emphasis, like italics and bold, are designed to harmonize with the specific font, and give a more pleasing result. 

Indentation: The first line of a new paragraph is often indented. The size of the indention should be proportional to the font. It must be at least the same as the point size, and no larger than four times the point size. With a 12-point font, the first line indent should be between 12 and 48 points, which equates to somewhere between 0.17 and 0.67 inches. The typical default tab stop on most word processing systems is 0.50 inches. Importantly, if you have extra space between paragraphs (not lines), you should not indent the first line of new paragraphs. 

Keep Text Together: Certain blocks of text need to be kept together. Headings should not be separated from the first line of text, and signature lines should not be broken up across multiple pages.

Kerning: Kerning is the amount of space between specific pairs of letters. In default mode, most word processing software places an identical amount of space between each letter. With kerning turned on, the software will change the spacing between certain letters. Font designers customize the spacing between these letter pairs, and intend for it to be used. In Word 2010, kerning can be activated by right-clicking the text, selecting Font, clicking the Advanced tab and clicking Kerning for fonts. Ideally, kerning should be turned on.

Styles 

For a lawyer to make all of these changes on a pleading-by-pleading basis would be time-consuming and likely lead to inconsistent application of the rules. The easiest way to create pleadings using your preferred typography methods is to create styles. The three major word processing programs all allow you to customize styles for easy application in your documents. 

Word users can rely on Styles to format their documents. Here is the process (you can make a new style or modify existing Word styles):

• Click the Home tab on the Ribbon
• In the Styles group, click the dialog launcher (that small square with an arrow at the lower right-hand side) (alternatively, hold down Ctrl-Alt-Shift-S)
• Click the New Style button, or click an existing style to make changes

Here is the process to create a new style based on some of the recommendations in this article:

• Name the Style (for example, Pleadings Body Text)
• On the Style Type drop-down menu, select Linked (paragraph and character)
• For Style for Following Paragraph, select the same style that you are creating (this will ensure that the entire document has the same styling)
• Change the font and point size
• Click the following boxes: Add to Quick Style list, Automatically update, and New documents based on this template
• Click the Format drop-down menu, and select Font; click the Advanced tab
• Click the Kerning for fonts checkbox, and select 8 for the point size. Click OK.
• Click the Format drop-down menu, and select Paragraph
• Spacing Before and After should be set at 0 points
• Set the Line Spacing at Exactly 15 points (or other points that you deem reasonable)

Margins cannot be set as part of a Word Style, but you can set default margins for all Word documents. To do this, click the Page Layout tab on the Ribbon, click Margins, and select Custom Margins. Set the margins that you prefer, then click Set As Default. Clicking Yes will change the default for all new Word documents. 

Special Considerations 

The world of typography is a rabbit hole—once you start finessing your documents, you will begin trying to maximize the effect of every document. You might find yourself rethinking papers and printers, for example. Hard copy documents are usually best created with a laserjet printer over an inkjet printer, because the lines and edges are more refined. Documents which must be duplicated look better when printed directly, as opposed to making multiple copies from an original.  

For a laser printer, the best type of paper to use is smooth. Choose paper that is designed for laser printing as opposed to “copy” paper or inkjet paper. Use white paper that is as bright as you can justifiably afford. 

Conclusion

In the end, our primary job as lawyers is to advance the interests of our clients. When making typographic choices for pleadings, the primary considerations will be court rules on typography and readability. Most of the changes espoused by Butterick are small and will not be consciously noticed. A few (wider side margins, for example), will be noticed and may impair a judge’s appreciation of a pleading’s substance. Even if a pleading is created using scientifically-sound typography, a judge may not be able focus on the substance of the text when faced with a document that is non-conforming by conventional standards. Use your best judgment.

About the Author

John J. Cord (John Cord Law, LLC) graduated from the University of Colorado School of Law. He concentrates his practice on automobile negligence, medical malpractice and workers' compensation.  He provides a wide range of technological services to law firms, including blogging and trial presentation.  Find his firm on Facebook and Twitter.

LegalTech – Typography, Part I (Court Rules on Typography)

Typography is more than the choice of font—it is the entirety of the visual choices made when words are written down. Font is an important component, to be sure, but so is line spacing, emphasis (italics, bold and underlining), line length and the ever-important (and somewhat mystical) white space. “Good typography reinforces the goals of the text.”

Until this point, my decisions on typography have been limited by three factors: (1) the forms that have been passed down through generations of lawyers (we all use samples); (2) the habits ingrained in me by the personal preferences of schoolteachers of years past; and (3) what “felt” right. Of the three, I have come to learn, the most useful is probably my own preferences, contaminated though they might be because of the first two factors. 

Why should lawyers care? Like it or not, we are wordsmiths. Like it or not, we are publishers. Like it or not, our job is to communicate clearly and, oftentimes, to persuade. Typography will not communicate or persuade, but good typography can make a reader’s job easier.  Whether our audience is a trial judge, panel of appellate judges, client or opposing counsel, the format of the written word must not stand in the way of the substance.  

I always thought I had some typography know-how. I’ve read Edward Johnston, and for years I have absolutely refused to use Times New Roman, favoring Book Antiqua as my font of choice. My formal introduction to legal typography came recently through Matthew Butterick’s book, Typography for Lawyers, which I downloaded to my iPad. I read about the traditionally low tech of typography on the high tech of an electronic book. Butterick explained to me that I have so much room to grow, and I recommend his book to you. 

One cautionary note—there are few bright-line rules in typography. Much is dependent on the comfort level of the author, and the needs of the expected audience. Even typography’s best practices are situational. Most of Butterick’s suggestions are discreet, but a few can cause radical changes in the look of pleadings. It is up to you to decide whether a level of conformity outweighs readability. That said, clinging to “traditional” ways of doing things is simply a means to foster mediocrity. In legal writing, the only rules are those imposed by courts. 

LegalTech – Words I Never Thought I’d Say

Last week, Laura Zois and I finished a five-day jury trial in Frederick County (you can read Ron Miller’s description here).  Now I can say something that I have never said before about any case I have ever tried, from a $10,000 District Court case to a week-long jury trial:

We didn’t use a trial binder.

For me, this was big.  I am not a naturally organized person, and as you have seen from some of my posts on the topic on my own blog, I think trial organization is of the utmost importance.  There are two reasons for this. The first is perception.  The jury sees everything you do during the whole trial.  If you seem disorganized, and your trial table is messy, the jury notices.  And consciously or not, it influences them at least a little.  The second reason is practical.  A trial (especially a long one) can be unwieldy, and requires keeping track of a variety of documents, whether they are exhibits, pleadings, depositions, jury instructions, or a hundred other things. It is very important to be able to locate and use those things at a moment’s notice.

LegalTech – Do-It-Yourself Trial Presentation for Under $1,200 (Part 2)

This post is Part II of LegalTech's 2-part series on "Do-It-Yourself Trial Presentation." Click here to read the Part I.

Software

Adobe Acrobat Pro X  Cost: $449.00

Acrobat Pro is essential to my practice, for so many reasons beyond trial presentations. It can easily bates-stamp documents and move pages within and between documents; it can be used to redact documents, or to type other information in.

For trial presentations, lawyers adhering to the “no bullet points” mantra will create slides that are composed mostly of evidence – medical records, pleadings, transcripts of testimony, photographs and exhibits. Many of those documents are saved in Adobe PDF form, and with Acrobat Pro they can be easily copied into a PowerPoint presentation.  Acrobat also includes some ability to recognize text within a document, and to highlight portions of the document.

Microsoft Home and Student 2010  Cost: $149.95

As useful as Acrobat Pro is, lawyers needing a cheaper alternative can use Microsoft Home and Student 2010, which provides much of the same functionality. Included in the package is PowerPoint 2010, which offers a variety of useful slide designs and templates. Most importantly, the Insert tab features a Screenshot button, which can be used to copy anything on the computer screen—including PDF documents.

The iPad Variant

iPad Cost: $499.00 to $829.00
If using an iPad, you will still need the projector, projector screen and Keynote. You can plug the iPad directly into the projector, but being tethered to it will limit your ability to move around the courtroom, and will hurt the “coolness” factor. To display images wirelessly with an iPad, you will need the following:

MiFi device Cost: $0.00 to $80.00, plus monthly fee (approx. $80.00)
The  MiFi device creates a portable wireless network, and it links the Apple TV to the iPad. These are available from most wireless cellphone carriers for a monthly subscription. They can often be used to connect five or more devices (including cell phones, laptops and iPads) to the internet.

Apple TV Cost: $99.00

Apple TV is a small box that connects to the projector and receives wireless transmissions from the iPad.

HDMI Cable Cost: $19.00

The HDMI cable is what connects Apple TV to the projector.

Miscellaneous Supplies

Speakers Cost: $25.00

If you are planning to play audio, including depositions or deposition clips, an external speaker is mandatory (unless your projector has internal speakers).  The laptop’s speakers are usually insufficient in a courtroom setting.  Speakers are available at a variety of sizes, some only a couple of inches high.

Extension Cord/Power Strip Cost: $30.00

Every courtroom is different, and there may not be enough plugs close enough to your projector and laptop.  Get two long extension cords and one power strip, just to be safe.

Duct Tape Cost: $3.50

To avoid injury (and liability), lawyers should tape down their extensions cords to prevent trips and falls in the courtroom.

Mouse Cost: $25.00

I like to have a spare mouse, one that plugs into the computer just to avoid problems like dead batteries.

Batteries Cost: $10.00

For any devices you use (mouse, laser pointer), have some spare batteries.

Card Table Cost: $15.00

A fold-up table is important because it may not be possible to place the projector on counsel’s table.  It must be small and easy to transport.

Conclusion

There are any number of other devices, accessories and software that you can use to enhance your presentations.  A laser pointer, video recording program (Camtasia Studios), timeline software (TimeMap), and drawing software (SmartDraw), to name a few.

Any lawyer can put a presentation together using these simple tools, carry the equipment to the courthouse, and set it up.  Lawyers uncomfortable going DIY can enlist the help of a paralegal, hire a college or business students (business students are great with PowerPoint), or hire a professional.  The point, though, is that this can be done cheaply, and can enhance even a half-day automobile collision trial.

About the Author
John J. Cord (John Cord Law, LLC) graduated from the University of Colorado School of Law. He concentrates his practice on automobile negligence, medical malpractice and workers' compensation.  He provides a wide range of technological services to law firms, including blogging and trial presentation.  Find his firm on Facebook and Twitter.

LegalTech – Do-It-Yourself Trial Presentation for Under $1,200 (Part 1)

Today’s youngest jurors were born in 1994. Bill Clinton was president, Rodney King’s civil trial concluded with a verdict of $3.8 million, and Star Trek: Generations was in the theaters (the handoff movie from the original series to The Next Generation). These people are considered Generation Y or Generation Z, depending on who you talk to. The technological milestones that occurred in the next few years helped to define this generation. At age 1 the White House launched a webpage; at age 4 the search engine Google Beta was released; at age 5 MySpace came onto the scene; at age 7 the iPod and Wikipedia began their rise; at age 14 Facebook had over 100 million users; at age 16 YouTube had over 2 billion video plays per day; and in their eighteenth year there will be well over 8 trillion text messages sent.

All of this is to say that your youngest jurors are plugged in. They have grown up with smartphones, video games, blockbuster movies, and on-demand video content. They receive much of their information in visual electronic form, often preferring texts, e-mails and blogs to telephone conversations. Many of these jurors have never even read a newspaper, or thumbed a phonebook. As lawyers, we must connect with these jurors, and that means giving them information in a format that they can recognize, understand, and use. They don’t want a lecture—they want to be involved in your case.

So it’s time to turn in the easel. Here’s what you need to create a dynamic, electronic trial presentation for under twelve hundred bucks—probably less, because you may already have some of the tools.

Hardware                    

Laptop Computer  Cost: $450.00
A laptop is the storage device for presentations at trial. It will plug directly into the digital projector. The specifications of a laptop computer are beyond the scope of this article, but as with all technology, buyers should consider the purpose of the purchase. Is it going to serve as an attorney’s primary computer? Is it to be used only for presentations? What software will be downloaded onto it? Will it be compatible with software used in the office? Local computer store salespeople can provide guidance on the type of computer best suited to particular purposes.  When purchasing a new computer, be sure to find out if you can get software (like Microsoft Office 2010) included or at a discount.  Most computers will include at least a basic version of the presentation software you need, whether PowerPoint (Microsoft) or Keynote (Apple).

Projector  Cost: $350.00
The projector is the mechanism that transmits the computer’s image to the projector screen. It will plug into the computer, typically with a RGB cable or a USB cable (which will be included with the projector). It can also transmit an image from a document camera (like an modern overhead projector). Projectors range in price from $350 to about $2,000. Three good brands are Optoma, Epson and ViewSonic. Any new projector should have a minimum of 2,500 lumens (which is quickly becoming the minimum), and should be XGA (as opposed to VGA) or higher. Lumens indicate the total amount of light a bulb is capable of generating. More lumens means the jury will be able to see the presentation, even in a well-lit courtroom. XGA denotes a resolution of 1024 x 768 (whereas VGA denotes 640 x 480). Resolution is the number of individual dots used to create an image, and it is expressed as the number of horizontal picture elements (“pixels”) by the number of vertical pixels. A higher resolution indicates a better picture quality. Of less concern is the type of projector: DLP (Digital Light Processors) versus LCD (Liquid Crystal Display). As a general rule, DLP projectors are better for displaying video (i.e., deposition clips), and LCD projectors produce a sharper image.

Aspect ratio is also a consideration. It is the relationship between the width and height of an image. Most projectors have 4:3 (standard), whereas some have 16:9 (widescreen), and many are capable of both. Finally, many projectors include speakers, which can be useful if playing deposition clips.

Some modern projectors even have a USB port and are capable of displaying images and even PowerPoint presentations without a laptop computer.  Before you go this route, do consult with a technician to ensure that the projector can play any video deposition clips you might need, and PowerPoint slide animation.

Projector Screen  Cost: $100.00 to $350.00
The screen is what the jury will look at during the presentation. The main considerations in any screen purchase are size and portability. Find a screen that folds up easily for transport, and assembles easily. New models simply rise pneumatically from a tubular aluminum case to the desired height (i.e., the Draper RoadWarrior). The size of the screen will depend on the available space and layout of the courtroom, but a width of 72 to 80 inches is standard.

My preference is for a screen that uses a tripod.  These screens are easier to set up in smaller courtrooms, and can be placed at an angle in the gallery for better viewing by the judge and jury.

Coming Wednesday, August 8: Part II – Software.

About the Author
John J. Cord (John Cord Law, LLC) graduated from the University of Colorado School of Law. He concentrates his practice on automobile negligence, medical malpractice and workers' compensation.  He provides a wide range of technological services to law firms, including blogging and trial presentation.  Find his firm on Facebook and Twitter.