November 29th 2007 is a day Paul Moore of Chicago, Illinois will not soon forget! A Harris County, Texas jury unanimously found by clear and convincing evidence that Moore committed fraud against Texas business man David Ownby’s company DGO, Inc. In an emotional jury argument that called to mind Texas history where Wiiliam Barrett Travis drew a line in the sand at the Alamo and took a stand against the encroaching Mexican Army, Mr. Zivley called upon the jury to do the same. In 2001, Moore, a venture capitalist, had agreed to finance a deal whereby DGO, Inc., owned by Mr. Ownby, would buy Altra Technologies. Altra Technologies owned the ”Chalkboard Trading Platform” which is a natural gas liquids internet based trading system. David Ownby and his son Dan designed, created and implemented the Chalkboard Trading Platform in 1992. David and Dan Ownby were thrilled to have the opportunity to acquire from Altra the very trading system they successfully created and implemented years before. Moore initially agreed to fund the deal, but later reneged on the agreement leaving DGO unable to close the transaction. Altra, also a plaintiff in the case, was later sold for a lesser amount. Altra was represented by Mr. Joe Garnett and Mr. Ray Neuer. Larry Ramming, former CEO of Boots & Coots, testifed that Moore had in fact agreed to fund the deal during a December 2001 telephone conference. During the trial Moore emphatically denied he had made an agreement with the Ownbys and even denied knowing who DGO, Inc., was. Through Mr. Ramming’s testimony and other evidence, attorneys for Altra and Mr. Zivley, were able to show that Mr. Moore’s actions were so egregious that the jury awarded DGO Inc., $2.5 million in actual damages and $10 million in punitive damages. The jury also awarded Altra $5,250,000.00 in actual damages for fraud and breach of contract. The jury resoundingly determined that Paul Moore was not a credible witness. One juror was so angry over his testimony she wanted to award $20 million in punitive damages, while another mentioned $100 million. The Chalkboard System is currently used in the natural gas liquid trading industry.
We at Zivley Law Firm have recently begun working on a case involving a natural gas expolosion in which two people were killed and one was severely injured. The house was completely flattened. It looked like a bomb had gone off. In light of my last blog recommending what to do when you are involved in a car wreck, I thought it would be a good idea to talk about the dangers of gas leaks because the consequences can be devastating.
Natural gas does not have color or odor. The gas company puts a chemical in the gas so you can smell it and avoid the dangers of leaks. If you smell something like rotten eggs or a skunk you may have a gas leak. Once you smell this odor, whether the smell is faint or strong, the safest thing to do is leave the house immediately. Go to a neighbor’s home or get a safe distance from the house and call your gas company. If you do not know the number call 911. Before you leave the house DO NOT light a match, flip a switch on or off, operate any appliances or use the phone. Also, do not unplug any electrical devices because this may spark an explosion. If you are smoking put your cigarette out immediately. Do not try to turn off your gas meter yourself. Wait for the gas company to tell you when it is safe to go back into your home. Make sure your children understand these safety principles also.
Our firm has been involved in other gas explosion cases which you can view on our website at zivleylaw.com . We are very familiar with litigating these types of cases and would like to speak to you free of charge if you have any questions about this type of case or any other personal injury case.
It happens when you least expect it; a negligent driver crashes into you, cars go careening out of control, glass smashes, parts go flying and you and your family are hurt. Please read the check list below so you will be prepared in the event this happens to you. Then print this list and keep it in your car because when something as traumatic as a wreck happens you may need a quick reference to recall what you need to do.
1. Call 911 to get help for anyone who is hurt.
2. If you are able move the car to the shoulder out of traffic.
3. If the road conditions are safe gather the following information:
a. Record the negligent driver’s name, address, and phone number.
b. Record the negligent driver’s car make, model, license number and insurance information.
c. If it is safe, take pictures of all vehicles and road conditions. They are worth a thousand words.
d. Do not take blame for the wreck.
e. Only discuss the wreck with the police officers.
f. Get the names, addesses and phone numbers of any witnesses.
4. Call Perry Zivley at 713 739 7722 or toll free at 1 877 739 7744 to discuss your rights.
Time is critical. Our experts can make arrangements to gather and safeguard evidence that will be vital to proving your case.
In March 2006 the new Harris County Civil Courthouse opened as the new home to the Harris County Civil District Courts, Probate Courts, Civil Courts at Law, Tax Courts, the Harris County District Clerk and the Harris County Clerk. The Courthouse features 39 available courtrooms. There are open courtrooms on the 15th and the 16th floors which will allow for future expansion of the civil court system in Harris County. If you practice civil trial law and have not yet had an opportunity to visit the new facility, you are in for some pleasant surprises. Not only is the facility beautifully designed, but Harris County has also made a significant investment for the future by installing state of the art courtroom technology in all of the new courtrooms except for the Tax Courts.
In recent years attorneys have increasingly relied upon audio visual technology and media to efficiently and effectively display deposition testimony, documents and demonstrative evidence in Court. Courtroom media technology can be used to convey complex information in a simple form. In our current technologically saturated world where most of the information we see on the television or the internet is in the form of a sound bite, jurors are increasingly coming to expect some form of an audio visual presentation during the course of a trial. Most jurors would prefer to learn the facts of a case by seeing the evidence. After all, seeing is believing. Moreover, the majority of jurors who attend jury duty are being pulled away from their jobs or family and appreciate the efficient and orderly presentation of evidence that advanced courtroom technology offers.
Many jurors have become familiar with viewing PowerPoint presentations in their work environment. Most people like to be engaged and entertained and jurors are no exception. What was once tirelessly crunched on a blackboard with numbers and diagrams can now be streamlined into a complete audio visual presentation. By utilizing different types of media you can deliver a compelling and memorable visual display of the evidence as well as summarize the key points of your client’s case. The digitization of your evidence and entire file can add organization and efficiency to a trial presentation. If you are not using some form of audio visual media to present evidence in your civil cases you are definitely in the minority.
One of the many features that the courtrooms in the 1910 Harris County Courthouse lacked was a built in technology system that could be used to display different types of audio visual media. In 2004, the facilities committee involved in the design of the new Harris County Civil Courthouse created a technology subcommittee whose purpose was to research available courtroom technology and to determine the standard media technology that would be purchased, installed, and available for use in the new courtrooms. The committee consisted of Judges, lawyers and IT representatives from District and County Courts. The initial task for the technology committee was to research the different types of available technology and to design a system to be installed within budgetary constraints. Several technology consultants were hired to guide the committee through the selection of media systems available. To test drive proposed equipment, members of the committee attended audio visual trade shows and visited existing ‘smart courtrooms’ in use throughout the country. As a result of their efforts, the courtrooms in the new Harris County Civil Courthouse are the most technologically advanced facilities in the country.
Judge Ken Wise, who is the presiding Judge for the 152nd Judicial District Court of Harris County, was selected as the chairman of the technology committee. I recently had the opportunity to visit with Judge Wise concerning the goals that the technology committee desired to achieve and to review the media system’s features. According to Judge Wise, one of the primary goals in selecting which media system to install was to design a system that would be “very user friendly.” The committee “wanted anyone to be able to walk into the courtroom and with little or no training, use all available components.”
If you can operate an ATM machine or a ticket machine at the airport, you will easily be able to navigate the controls of the new media system. The control cart console of the media system is located between the counsel tables in each courtroom and features a simple touch screen menu. The touch screen menu identifies the various input components which currently include a DVD player, VHS player, document camera (ELMO) and a cassette player. A laptop computer can also be plugged into the media system so that any electronic media stored on a computer’s hard drive can be displayed. Each counsel table has a VGA/audio connection built in for immediate laptop computer connectivity. Simply plug the VGA/audio cable into that back of your laptop and any electronic media including PDF files, edited MPEG videos or JPEG photos can be played in the courtroom using the control console. Using the touch screen menu of the control cart console you can easily select the source of the media and specify which monitor displays the media.
In addition to the control cart console, each counsel table has its own flat screen monitor. There are also six (6) 15″ flat screen monitors located in the Jury box, along with a monitor at the witness stand and one at the bench. The courtroom monitors are high resolution and are calibrated to display images and video as if you were watching them on a television. Also, located at the end of the jury box is a large screen that can be lowered from the ceiling and that is visible throughout the courtroom. Positioned in the center of the control console touch screen there is a preview screen which allows counsel or the court to preview any exhibit before it is displayed on the juror or witness monitors or projected on to the large screen.
If you need to see the preview document in detail you can switch to a full screen view simply by touching the center of the screen. Touch the screen again and it returns to preview mode. Using the touch screen menu of the control cart console you can easily select the source of the media and specify which monitor displays the media. Media from two (2) different sources can also be displayed at different monitor locations simultaneously. While a document, x-ray, writing or other exhibit is being displayed on the monitors in the jury box, a video deposition of the witness testifying about the displayed exhibit plays on the large drop down screen. Alternating multiple display locations gives the jurors an opportunity to relax their necks and to reduce the visual fatigue that comes from staring at the same spot for so long. Now they can either turn to look at the big screen located at the end of the jury box or simply look at the monitors in front of them.
The media system also has an annotation feature that allows for drawing with your finger directly on to an exhibit that is being displayed on the courtroom monitors by simply touching the screens located at the counsel table or the witness stand. The annotation can be used with static images, animations or video. Judge Wise has observed that the annotation is used most often from the witness stand where an expert or other witness can draw directly on to the document, picture, map and highlight some portion of that for the jury. The annotation feature also allows for different colors to be used so that marks can be easily distinguished.
The sound system in the new courtroom provides speakers installed throughout the ceiling. The volume controls can be easily adjusted by the lawyers from the media control console, a laptop computer playing a video deposition or by the Judge. The acoustics in the new courtrooms are so good that you can whisper from one corner to the other and be clearly heard. According to Judge Wise, if you’re whispering in the hall outside of the courtroom and the doors are open, the Judge can hear what is being said very clearly from the bench. While the excellent acoustics makes the use of microphones unnecessary, it creates a problem when lawyers have a bench conference during the trial which is supposed to be outside of the hearing of the jury panel. In the past, bench conferences often required the court to retire the jury panel to the jury room so that the conference could not be heard. This is frustrating to the jury and can significantly delay the momentum of a trial. To help avoid moving the jury back and forth, the technology committee selected the installation of a noise generator that projects directional noise or ‘white noise’ into the jury box. If the white noise is turned on, counsel and the Judge can speak in normal tones at the bench, but it is impossible for a juror to hear what is being discussed.
The most feared aspect of using courtroom technology is the potential that one or more components of the system will malfunction during the presentation of evidence to a jury. To add to the user friendly features, the technology committee designed the courtroom media system to be extremely reliable and easy to maintain. In one courtroom that was visited, the committee saw a system that became unusable if one of the components went out for any reason. Judge Wise and other committee members considered technology flaws and “wanted to eliminate” similar problems in the new Harris County Civil courtrooms. If a projector bulbs burns out while displaying evidence or static popping develops in the speakers during video testimony the problem can receive immediate attention from a District or County Court IT specialist. If necessary the failed equipment can be easily replaced with a component from the extensive on site inventory, which will minimize a prolonged interruption during the course of a trial.
The updated technology has been received with unanimous praise from bench, bar and jurors. The equipment is being used with increased frequency during trials. Judge Wise estimates that during a typical trial some component of the media system is being used throughout half of the trial. Of course, a lot of that obviously depends on the desires of the lawyers. Some lawyers now come to court with their entire case exhibits and all video deposition testimony on a laptop while dwindling numbers of lawyers still come with boxes and boxes of documents. Judge Wise also notes that although the use of the equipment during hearings has been slow to start, many lawyers have now discovered that the equipment can be used effectively during a hearing with virtually no set up. Although it is clear that the use of the new media system streamlines trials, Judge Wise believes that many lawyers are still not getting their arms around the efficiencies and cost savings that the technology can create. Most Judges would like to see more lawyers use the available technology on a routine basis.
Despite the obvious advantages to presenting your evidence efficiently with a professional appearance, Judge Wise has noticed that older forms of media presentation remain effective and can be used to emphasize critical evidence. You can accommodate the individual learning aptitudes of jurors by utilizing varying forms of media during a trial. For example, some jurors might want to see a document on a computer screen. Maybe that’s what they are used to looking at during work and so they better understand that document when they can see it on the screen as they do in their daily lives. Other jurors don’t like to listen to an audio reading of a deposition, and would rather watch a video presentation. In general people get bored easily. If you show a key document on the video screen one hundred (100%) percent of the time, a juror may overlook its significance. Judge Wise has frequently heard from jurors that the more audio visual you can use, the more relevant a flip chart or a paper exhibit becomes because it is a different way to present the evidence. Using a variety of media during the course of a trial keeps jurors interested and engaged with the evidence in the case.
Technology in the courtroom is a powerful tool if used correctly. As a result of the upgraded technology installed in the new Harris County Civil Courthouse, the organization, transportation and presentation of evidence in a civil trial or hearing has never been easier. Gone are the days of hauling 300 lb. carts with television monitors and other audio visual equipment into the courtroom and stacking file boxes in the rear of the courtroom. Prior to the installation of the new equipment the rental of a comparable audio visual presentation system would cost as much as $4,000 a week, making it impractical in many cases. The new courtroom technology system is stationary and integrated so there is no need to worry about the proper installation or setup of trial media equipment or whether the system will remain connected and functional throughout the course of a trial. In addition to the media display features, the new courthouse offers “free broadband wireless” internet access. This means that you have the ability to be connected to the web during proceedings and to access computer files remotely from your office server or to perform research during the break of a trial.
The time and effort you invest in preparing your client’s audio visual trial presentation prior to trial will have a big payoff. If you own a laptop, it is possible to have your entire case, including all documents, photos, exhibits and video deposition testimony loaded on to your computer and ready to play. Using the other technology inputs such as the ELMO, VCR or DVD player is not always going to run as smoothly as one might imagine. By using the available VGA/audio input cable located at each counsel table, you can present the evidence seamlessly without having to load or use the other available input devices. It gives you 100% control during the presentation of evidence directly from your chair at the counsel table. Having everything digitized and scripted into a well rehearsed game-plan will allow for on-the-fly deviations and is crucial now more than ever when considering and using the new technology installed in the courtroom. Designing and pre-programming a flexible evidence management database to be stored and presented from a laptop is the ideal way to present one’s case before today’s information driven juries. This includes having all of your video depositions ready to roll, all of your documents quickly accessible and any demonstrative graphics (including animations) ready to put up on the screen at any given moment.
Even if the budget of your case does not allow for the additional cost of hiring an A/V expert, you should invest in the necessary training for either yourself or a member of you staff to learn how to properly prepare and present the technological aspects of your client’s case. Although it is not absolutely necessary, it is wise to have someone from your staff or an independent operator fully prepared to run the presentation throughout the course of trial. Most lawyers would be better served by seeking out expert consultation from experienced information designers, graphic artists, and trial consultants when preparing a case for presentation during trial. I routinely use and highly recommend Jamie Parks, President and founder of United Legal Technologies. Jamie assists me in producing informative graphic presentations of evidence for use during mediations and trials, including the preparation of documents and trial exhibits as well as synching and editing video deposition testimony. Having assisted me during a trial at the new courthouse, Jamie is very familiar with the new equipment and can quickly cue up and display the correct evidence when I want it shown. Whether you choose to partner with a consultant or train a member of your staff, having a skilled onsite operator during trial is a must in today’s modern courtroom setting.
Although the courts still currently require paper exhibits to be provided to the jury during deliberations, the presentation of paper evidence can be efficiently displayed to the jury in a digital form. In order to effectively and efficiently present evidence in a paperless presentation it is necessary to convert the paper to an electronic digital file. Once a document has been digitized, a variety of software programs can be used to display the evidence to the jury. Many such programs permit underlining or highlighting so that critical information can be enlarged and pulled out from the document to create more of an impact on a jury. The process of creating a digital file can most easily be achieved by using a high quality scanner which most law offices currently utilize. If you do not have a high quality scanner or have a large volume of records to convert to digital format, the job can easily be turned over to a vendor. For exhibits consisting of documents (including photos) that you currently have stored in a hard file, I would recommend that the files be generated as a PDF (Portable Document Format) document. The PDF format is used universally by courts that allow electronic filing and has become widely accepted as the standard among the legal tech industry.
The latest release of Adobe Acrobat Professional 8 allows the creation and modification of PDF documents and contains features specifically geared for litigation. One of the key new features worth noting is the ability to instantly write bates number stamps to a series of documents. This feature makes labeling documents far easier than the traditional hand stamp method and is very helpful when generating documents that will be used for production or creating your trial exhibits. Another convenient feature of Adobe Acrobat Professional 8 is a true redaction tool, which allows you to easily redact privileged or confidential portions of a document prior to production or to remove objectionable information from a trial exhibit based upon pre-trial rulings. The redaction tool was designed to permanently conceal the redacted information. The PDF format should be used when compiling your client’s documentary evidence for presentation and is highly compatible with the leading trial presentation software applications.
If you decide to film a deposition, make sure that you have the videographer encode the video as a MPEG1 and give it to you on a CD. The MPEG1 compression is industry standard in regards to video file formatting and can easily be recognized by many software applications. Additionally, you will want to obtain an ASCII (pronounced “askie”) file of each deposition from your court reporter. ASCII codes represent text in computers, communications equipment, and other devices that work with text. All of the available trial presentation software programs use the ASCII format in order to sync the video footage up to a deposition transcript.
In regards to trial presentation software, I would recommend using Trial Director5. Trial Director5 makes it simple to prepare and aggregate all of the different elements of your case into a single source for presentation purposes. The program also has a simple user interface very similar to the way windows explorer works and allows you to organize and structure your file database via drag and drop. You can easily create edited video clips for instant playback by selecting the video (MPEG1) of the deposition that you want to grab the clips from. All you need to do is load the synchronized transcript file (ASCii), which is typically provided by a court reporter, and use your mouse to highlight the text in the transcript window that you want to combine into a clip. Click, save, and you’ve made your first edited video clip. You can even edit the video testimony so that long durations of silence or other distractions that can interrupt the flow of information to the jury are deleted. Trial Director also has a spectacular ‘real human’ technical support call center that is very helpful if you run into any issues with trying to use the software. For more information on Trial Director5, visit their website and watch the free quick start tutorials they have prepared.
If you are still under the impression that the Harris County courtroom media technology is complex or that you can get by without using the available facilities you will probably get blindsided by your opponent who will believe otherwise. With a little time and effort you can learn to create and present your evidence in a persuasive manner and be in the forefront of using the new courtroom technology. Take a few minutes to preview the new media system the next time you are the courthouse and you will quickly be sold on the advantages it offers.
For more information and a video tour of the media system you can view a video tape of the interview with Judge Ken Wise at www.reallawyernews.com.
W. Perry Zivley, Jr., the principal of Zivley Law Firm (see http://www.zivleylaw.com/ ) located in Houston, Texas, has been licensed to practice law in the State of Texas since 1986, and handles civil litigation matters including, personal injury litigation, commercial and business law litigation, probate litigation and consumer and insurance law litigation.
I read with some interest a story that ran December 28, 2006 in the San Antonio Express titled, “Mississippi Attorney General seeks to settle Katrina Lawsuit”. Michael Kunzelman of the Associated Press was reporting on Mississippi Atorney General Jim Hood’s lawsuit against certain insurance companies for denying coverage to Mississippi citizens in the aftermath of Hurricane Katrina. Hood rightfully filed a civil lawsuit in September of 2005 against several inusrance companies that had written policies in that state. Apparently the Attorney General is attempting to negotiate a settlement for the thousands of Gulf Coast homeowners whose homes were damaged or completely destroyed because of the hurricane. Hood has vowed to take his fight to court if the settlement negotiations break down.
You may recall the pictures of the complete and utter devastation of Katrina. Where homes had stood there was nothing but sand. A personal friend of ours lost her family home and nearly every picture from her childhood. Boats, cars, mobile homes that once were on the waterfront were found miles inland or in some cases never seen again. As you sat in the comfort of your living room and looked at the poor souls on t.v. you probably thought, ” I hope they have insurance.” Your next thought might have been, “I’m glad I have insurance!” But, wait a minute, why is the Attorney General of Mississippi suing these insurance companies? Find out why tomorrow…