The statistics that support incorporating the use of technology at trial are never-ending. In the United States people spend an average of 7.4 hrs (444 mins) each day looking at a screen. Most Americans cannot go more than 10 mins without checking their phone, but in the beginning of a trial jurors lose this privilege. They are selected to participate in a process that most do not enjoy and to make matters worse they’re prohibited from using any personal electronic devices. The use of technology at trial gives the jury a screen to satisfy their urge, if nothing else.
Years ago defense attorneys avoided using technology at trial for fear that it may lead to the “Big Screen” effect. This is where a jury observes defense counsel using technology and concludes that the defendant must be wealthy because they can afford such services. The thought is that, assuming liability is proven, this could hurt the defendant when the jury is deciding damages. In 2017 this is not the case. The CSI effect is real. Americans are accustomed to receiving and experiencing information electronically, not in print or poster boards. Presenting your case in a manner that is consistent with how jurors expect to receive it renders your argument that much easier to digest.
After 72 hours a juror remembers 10% of what they’ve heard, 20% of what they’ve seen, and 65% of what they’ve seen and heard. If you want the jury to remember your arguments you must present it to them in multiple formats.
The Pennsylvania Supreme Court recently held that “ill-will” or “self-interest” is not necessary for a policyholder to successfully sue an insurer for bad faith.
Justice Max Baer writes in Rancosky v. Washington Natural, “Additionally, we hold that proof of an insurance company’s motive of self-interest or ill-will is not a prerequisite to prevailing in a bad faith claim under Section 8371, as argued by Appellant. While such evidence is probative of the second Terletsky prong, we hold that evidence of the insurer’s knowledge or recklessness as to its lack of a reasonable basis in denying policy benefits is sufficient.”
The two prong test developed in the 1994 Superior Court opinion of Terletsky v. Prudential remains. A party suing an insurer must prove “(1) that the insurer did not have a reasonable basis for denying benefits under the policy and (2) that the insurer knew of or recklessly disregarded its lack of a reasonable basis.”
For now, the precise effect of Rancosky is yet to be seen; however, what we know is that more plaintiff’s claims will survive motions for summary judgment. A significant win for the plaintiff’s bar, not so much for the defense.
The law’s stubbornness to bend with trends is not a flaw, but by design. It prevents unnecessary changes and ensures that an adjustment is truly needed. Consequently, the law often struggles to keep up with technology. For an example, look no further than Instagram. The application has become a major platform for advertising and copied content. This article by Scott Alan Burroughs highlights the law’s struggle to adapt…
See, Doing It For The Gram.
“We are stuck with technology when what we really want is just stuff that works,” said best by Douglas Adams. Today time is the most precious commodity not only for young attorneys but all young professionals. So, does digital dictation really work? A recent article posted on Attorney at Work outlines the recent improvements in digital transcription and what to realistically expect.
Today you would be hard-pressed to find a process that has not been impacted by technology. Below is an excellent article on the status of evolving technology and communication as it relates to the service of process.
The legal profession is not known for being ahead of the curve when it comes to utilizing new technology. In fact, the profession is more known to gravitate toward tradition over innovation. However, sometimes new technological/cultural norms force themselves upon the profession, and the courts are forced to deal with the issues. One of the issues courts are facing more and more is the issue of service of process via email or social media. While the cases below, one that permits service via email and social media and one that does not, are from outside of Pennsylvania, they illustrate an issue that will face all litigators in the near future; the tension created by trying to reconcile constitutional concerns pertaining to service of process and evolving technology/communication.
As reported in the Bar Reporter, seven candidates were elected to three-year terms to the Philadelphia Bar Association’s Young Lawyers Division Executive Committee and will begin serving their terms on Jan. 1. They are:
- Robert H. Bender Jr.
- Eli H. Klein
- Negar M. Kordestani
- Hillary N. Lad
- Catelyn McDonough
- Stephanie Stecklair
- Andre J. Webb
Thank you for the opportunity to serve.
While there is no substitution for visiting the scene of an accident, there are instances where the collection of information and data must begin quickly. Drone mapping is an evolving technology that is assisting numerous insurance companies in preserving key details that were once lost as a result of delay. This article explains the latest technology and its recent advancements.
Drone mapping provides insurance companies with an easy, fast and accurate method of documenting a scene and preserving key details while also letting the process of clean-up and reconstruction begin as quickly as possible. Recently, Dronotec, a start-up company specializing in drone inspection for insurance companies conducted a case study to determine just how much money this drone mapping was saving insurance companies. Dronotec’s founder, Emilien Rose, worked as a loss assessor in France and Australia for 10 years and conducted assessments of about 8,000 claims. Rose believes that Dronetec and drone mapping can really save time and money for insurers.
For example, recently a fire in France consumed 5 acres of a vacation destination on the coast. Once the insurance company came in to assess the damages, they realized that the sheer size of the site posed quite a challenge. Moreover, so much of the property was damaged by the fire, inspectors could not enter the properties or inspect the roofs without the threat of personal injury. A plane attempted to capture photos but many of the photos were not clear or sharp enough to use. However, the loss adjuster recommend a drone to do the mapping of the scene. In about 10 minutes, the drone collected more than 300 geo-tagged photos flying about 180 feet over the property. The images were uploaded to a drone mapping program, and three hours later a 2-D map and 3-D model of the property and the damages were available. The high degree of accuracy of not only the photos but the mapping improved the likelihood of identifying the cause of the accident exponentially. And the insurance company’s team members were able to collaborate and review the mapping in one cloud-based space. In this one case, the use of drone mapping saved this French insurance company about €99,985,000 (or about $110,600,000).
The ability to quickly process claims is very helpful to insurance companies with large scale disasters that have many claims filed related to the same incident.