Tom Wright Speaks About Technology in the Courtroom
The Center for Excellence in Advocacy continued its 2003/2004 Lecture & Luncheon Series by hosting Attorney Tom Wright, September 23, 2003, in the Robinson Courtroom and Bianchino Technology Center. Mr. Wright spoke about the role of technology in the courtroom, using his experience as local plaintiff counsel in Koch v. Koch. The Koch trial involved 1.6 billion dollars, $500 million of which was in dispute.
At the time of the Koch trial in 1997, virtually no courtrooms were wired for computers. The two sides spent $10,000 wiring the courtroom to accommodate their technological needs. While the technology was cutting edge at the time, and provided all those who witnessed it a glimpse into the future of trial advocacy, it also revealed the pitfalls that were to follow.
Attorneys for both parties had real time access to the court reporter and to their own independent database located on an entire rented floor at a nearby hotel. Plaintiff counsel could instantly question the validity of witness statements with copies transmitted from the hotel and received via a printer located under counsel's table. This capability proved useful on several occasions where witness testimony was contradicted by the documents.
The use of this new technology revealed several problems. With nearly all documentation being illustrated via computer, many in attendance soon grew accustomed to the novelty and minds would wander. Too much technology actually became a detriment to reaching the jury. In those rare moments where new calculations had to be illustrated because no previously prepared documents were available, a blackboard was brought to the courtroom. All eyes were fixated on this testimony because it was being performed 'live', not having been prepared by the lawyers days in advance.
The advances used in the Koch trial with respect to technology definitely paved the path that courtrooms would follow in the future. However, it was quickly discovered that with the new devices came new problems that must be accounted for when presenting a case. The future of trial advocacy will include the use of technological advances as they become available, but must incorporate these advances with traditional practice methods to maximize the effectiveness in delivering evidence to a jury.
Mr. Wright, Class of 1964, is admitted to practice before the Kansas Supreme Court and the United States Court of Appeals for the 10th Circuit.
Roy W. Mozingo, II, contributed to this article.
