Leveraging Tech to Level the Playing Field in “David v. Goliath”

Litigation Radio

The imbalance of power in the courtroom is often very real whether that’s a David vs. Goliath battle pitting a small-firm plaintiff against a corporate giant, or a situation where a judgment-proof or anonymous defendant evades accountability. The scales of justice are sometimes uneven.

Guests Marcus Chatterton and Fred Tecce are veteran litigators who have found themselves in countless courtroom skirmishes opposing all manner of large and small businesses in a variety of corporate, patent, trademark, criminal, and personal injury issues. They explain how tech can help balance an imbalance of resources. Deep pockets may have been an advantage, whether that’s in the form of available manpower or the ultimate ability to pay a claim. But that doesn’t have to be the case.

Modern, novel legal approaches and today’s tech tools can help level the playing field as software programs can analyze mountains of evidence that used to require hours of poring through boxes of paper that could overwhelm small firms. “Technology assisted review” is a growing field. Will AI further help attorneys battle an information dump in discovery or chase down anonymous actors and follow online breadcrumbs?

The key is pairing legal skills and experience with tech, not only learning to use the newest tools but also learning to explain the findings and methodology to a judge and jury. Technology is changing everything from the way you prepare for trial to the way you present your case. Whether you’re a “Goliath” with a duty to assemble and turn over mountains of discovery, or a “David” faced with digging through that evidence and uncovering precedents that back your client, tech tools are blazing a new trail.

Resources:

“The Prelitigation Advantage: Leveraging AI for Discovery and Pleadings,” by Nicole Black, ABA Journal
National Institute for Trial Advocacy
Thomson Reuters Legal Technology
Westlaw
Oncue Legal Presentation Software
“WIPO Guide to the Uniform Domain Name Dispute Resolution Policy (UDRP)”
“PGA Golfer Phil Mickelson Sues to Find Source of 'Defamation'”
American Bar Association
American Bar Association Litigation Section