TrialPad 2.0 – BAMF

We Now Return to Our Regularly Scheduled Blog Posts… With a Bang.

Our firm tried three cases in the last five weeks. MacLitigator has been too busy over the past two or so months to post anything. The last case finished with a jury verdict coming in after 9:30 p.m. yesterday evening. But, news that TrialPad 2.0 was in the App Store made me pop open the iPad for a look.

The short review. Wow.

Summary: TrialPad 2.0 offers the best parts of a full blown laptop/desktop trial presentation system in a simple-to-use package at a fraction of the cost.

The Long Review

For anybody doing any amount of trial work, and yes that means even if you only have one trial, TrialPad is a must have application. TrialPad provides an amazing array of powerful presentation features in the small and unobtrusive package that is the iPad. Notably, MacLitigator was previously critical of the limited feature set and high price of $89. While $89 is still in the high end territory for the App Store/iOS ecosystem, the 2.0 version is easily justified.

What can TrialPad do with a displayed document? It can: highlight or annotate with multiple colored pens; display a red, blue or green ‘laser point’ which follows your finger on the projected image; display two documents side by side; create on the fly call outs; zoom with the pinch and zoom ease of the iPad; redact on the fly; and, rotate an improperly displayed image or image set.

Finally, TrialPad can save a marked up image or document to be used and/or admitted as evidence. So, a witness can mark up a document and, hitting the ‘Fire’ button, will save a copy of the document/image to a special folder. The marked up version can then be used as needed later on with other witnesses or admission can be sought. TrialPad includes support for AirPrint which also means that a hardcopy could be printed right there in court if an AirPrint compatible printer is available.

TrialPad offers the ability to display on a projector or other screen any a huge number of file formats including everything from the ubiquitous PDF, to video files (and the ability to edit clips inside the app), to even Pages and Keynote plain .txt files (think raw court reporter transcripts). Of course, for best results, sticking with more common place file types, such as PDF, jpg etc., will work best for unaltered formatting when displayed.

The only thing missing at this point, and the killer feature that would take this app over the top of all other trial presentation software, is the ability to leverage Apple’s AirPlay so that the wires could be dumped. It really sucks dragging a VGA or HDMI cable around the podium or stringing it to counsel’s table. On a side note, TrialPad 1.5’s screen/display had a nasty habit of hanging when rapidly removing and replacing the video adapter, as in when you leave the podium and return to the table. At this point, the issue ‘seems’ to be cleared up in TrialPad 2.0.

If you’ve read this far…. thanks. Also, Lit Software and Ian provided me with an early demo license to TrialPad which included an update. MacLitigator feels obligated to ‘pass that license on’ and not keep it for personal use both for journalistic integrity and other reasons. So, keep an eye out here as there will soon be a give away to one lucky reader for a free TrialPad license. Also, the next few posts will detail ALL the tech used at trial, from hardware to ‘alternative’ trial presentation apps. Stay tuned.

July 10, 2011: Update Reader Stan Mortensen has highlighted some fairly serious bugs in TrialPad 2.0. I have not been able to replicate these bugs. As with any software or hardware, extensive testing and working with it prior to going into an actual trial is a must. You can see Stan’s video by following the YouTube link in the comments.

July 14, 2011: Update MacLitigator attempted to verify the identity of ‘Stan Mortensen.’ Despite repeated email requests, Mr. Mortensen did not provide a physical address or phone number or any other information which might verify his identity as being apart and separate from a competing product available on the iPad. Unfortunately, at least some of his bug reporting is accurate.

Exhibit A – iPad Trial Presentation App

A commentor on the TrialPad review mentioned Exhibit A as an alternative. When initially released, Exhibit A was such a horrible program that it wasn’t worth discussing. After updates, the program has improved dramatically. When first out, the program would choke on any PDF, the secondary display would pixelate, freeze and the program would crash. Awful. The updates appear to have cured these problems and Exhibit A looks like it is becoming a genuine contender. What is missing from both of these apps at this point is the ability to leverage AirPlay so that, using an AppleTV hooked to a projector, wireless presentation becomes possible. Read on for the full details.

Features

File Management: Exhibit A, supports file transfer via iTunes, Dropbox Wifi, Email and FTP. Whole folders or single files can be imported. Supported file formats are claimed as PDF, image files and video (.mov). In testing, large image files lagged a little bit during display, though not so much as to cause difficulty. Video files downloaded via Dropbox refused to play and were listed as an unsupported file format. More work needed there.

Files can be sorted by folder, A-Z, or by Filetype. Once a file is in, a tap and hold offers the options of Renaming, Moving, or Deleting. A toolbar along the bottom allows a quick jump to other files, folders, imports and even any photos saved in the iPad’s photo app.

Displaying/Projecting: Exhibit A uses the external vga adapter for projecting documents. The refresh on an external display is near instantaneous, depending on the file size and level of detail/color in the file. Layout for presentation is straightforward with annotation tools on the left, a slider for quickly navigating to a specific page on the right and “Rotate” “Undo” “Redo” “Clear” “Save” and “Show” buttons across the top right. The tool bars can be hidden and do not display on the projected image.

Annotation tools are very well thought out. The felt marker offers a variety of colors and widths, there is an eraser tool, a standard yellow highlighter with adjustable widths and, a nice touch, a laser pointer which displays a temporary red dot where the user’s finger traces on the image. TrialPad, the only other competitor at present, offers only a single color pen with a static width.

After marking up a document, tapping the “Save” button saves a copy of the document to the Import folder on the home screen.

A final nice touch is the inclusion of a whiteboard with all of the annotation tools available for drawing freehand while displaying (or drawing it up and then displaying). The whiteboard drawing can also be saved as a file to the imports folder.

Conclusion

The developers made a mistake of an early release which was very buggy. Any experienced attorney would not have relied upon the 1st version. The latest updates, however, cure all of the early problems. The only bug observed during testing was the inability to display video files in the .mov format. Exhibit A is also competitively priced at $9.99. TrialPad remains an astounding $89 while offer fewer features.

TrialPad – Dedicated Presentation App for the iPad

The recently released TrialPad for iPad is a good start on what trial presentation for the iPad can be, but doesn’t yet meet expectations associated with its high price.

Anything You Can Do, I Can Do …

At its heart, TrialPad is a PDF viewer and organization tool. There are many PDF tools for the iPad, including iAnnotate. Both TrialPad and iAnnotate allow presentation of a PDF through a projector. Both TrialPad and iAnnotate allow markups to be displayed on the screen. Both TrialPad and iAnnotate allow the user to pinch-to-zoom the onscreen document. Both TrialPad and iAnnotate allow the presentation screen to be turned on and off.

iAnnotate, however, has quite a few more tricks than TrialPad. iAnnotate will search through an entire PDF file or group of files for any word. TrialPad only searches the ‘name’ of a document.

iAnnotate will pull in documents from Dropbox. Trial pad relies on the ‘seven easy steps’ kludge iTunes file transfer feature. The developers note that Dropbox support is ‘in the works.’

iAnnotate allows a ‘tabbed’ interface wherein you can project an exhibit or impeachment testimony while privately viewing your direct/cross examination outline on the iPad. TrialPad eschews tabs limiting the display to a single item. iAnnotate includes a large number of built in ‘stamps,’ such as arrows and callouts, and allows you to pick different highlighter and annotation colors. TrialPad sticks to a red pen and yellow highlighter.

TrialPad costs $89. iAnnotate costs $9.99.

Not A Replacement for Sanction, Trial Director etc.

Responding to these criticisms the developers claim that, rather than iAnnotate, a “fair comparison would be TrialPad against full featured desktop presentation software such as Sanction or TrialDirector.” Not entirely accurate. First, TrialPad has nowhere near the features of dedicated laptop trial presentation software. Second, by that standard, we could also compare iAnnotate against dedicated laptop presentation software. TrialPad would still lose in that comparison.

A Little Bit Buggy

TrialPad is also still very much a 1.0 release. TrialPad can annotate a document on the iPad while the projector remains blanked. During testing, the annotation appeared on the projector despite the screen being blanked. Additionally, PDFs sometimes appeared extremely pixelated on the iPad while rendering crisply on a projector. This made it very difficult to annotate with any degree of precision.

A Few Nice Standout Features

There are some nice aspects to TrialPad. First, it is fairly straightforward and easy to use, once one gets beyond the iTunes sync. Once loaded, it could be handed to a lawyer who lacks much technical know how and they could use it without difficulty. Second, TrialPad allows an exhibit or single page of an exhibit to be marked up ‘saved’ for later use. This feature, with nothing comparable in iAnnotate, could be very handy for having witnesses markup a document using the annotation tools, then saving it as a separate exhibit to be admitted later. Finally, TrialPad also allows the user to rotate an image on the iPad itself, another feature unavailable in iAnnotate. If, for some reason, an image were scanned or loaded incorrectly, simply tapping the rotate button would bring it into the correct alignment for presentation.
Final Verdict

Simply put, by setting the price at a steep $89 the developers ignore the Apps ecosystem and economy. Not even Omni Group charge more than $39 for their highly polished, feature rich iPad app OmniFocus which syncs to the iPad without any iTunes kludge needed. Further, Filemaker’s Bento is only $9.99, Pages, Numbers and Keynote are also only $9.99. In short, TrialPad is a solid start and a potential winner, but in the end offers too little for too much money.

CP Notebook for iPad Available – Christmas Came Early

Long on the wish list and one ‘killer app’ missing from the iPad was a decent outliner. Circus Ponies Notebook, an outliner and much, much more,  is now available as an iPad app.

For those unfamiliar with the product, Circus Ponies Notebook is a kind of outliner onsteroids. Specifically, the application operates on a “traditional paper notebook” paradigm while incorporating the benefits of an electronic medium such as a word index of all words contained in the notebook.

Notebook for iPad carries over from the Mac platform beautifully. Notebook itself begged for the existence of a tablet before the iPad came into existence. Now that the iPad is here, Notebook can really shine.

Notebook allows the user to take notes on a page in an outline format. Additionally, other electronic media can be incorporated onto the page. For example, an exhibit or pleading which exists in a PDF format can be dropped onto the page and either annotated/marked up using Notebooks annotation tools, or saved as a multipage PDF which will open for viewing. From a lawyer’s perspective, this allows building of a trial notebook, a notebook for oral arguments or hearings, or, a notebook containing all pertinent client/case matter information in one place. Ideally, the bulk of the heavy lifting would be done on a MacBook and then the individual Notebook would be synchronized to the iPad via iTunes.

Thus, while an amazing leap forward for lawyers generally, Circus Ponies Notebook still does have some limitations, quirks and bugs at this time. For example, the need to synchronize Notebooks via iTunes is a kludge.  Hopefully, the ability to synchronize via the ubiquitous Dropbox will come in a future release.

Additionally, synchronizing back and forth between iPad and Desktop Notebook resulted in all tabs on the MacBook side being changed to a solid black color. A few other quirks are that the spiral bound notebook paradigm as a graphical user interface can sometimes be difficult to understand if you are accustomed to working with the standard menu/icon paradigm of computers. Also, some of the display features such as the dual page display became stuck during testing, requiring a power down and restart of the iPad to clear the graphical display.

Some limitations also involve using Notebook while simultaneously using the iPad to present exhibits for a jury or bench trial. Right now, it does not appear that Notebook supports external displays. Accordingly, if during direct or cross-examination, the need arises to use the iPad to present a particular photo or PDF file, that file will need to be opened in another application such as iAnnotate, GoodReader or some other application. This has the downside of taking the lawyer away from the examination process, into another application to present the exhibit and away from the notes/examination outline. Hopefully, future versions will incorporate the ability to leverage an external display for exhibits, jpgs and the like.

Finally, Notebook seems at times a bit sluggish while running on the iPad. However, despite these initial small first-generation hiccups, Notebook by Circus Ponies is definitely worth the $29 and goes a long way toward filling a much-needed slot in any litigator’s toolkit.

DEVONthink To Go

A new update for DEVONthink Pro just released with…. support for syncing to an iPad or iPhone. The new product DEVONthink To Go uses a wireless sync function, allowing you to selectively pick which parts of any particular database get moved to your iPad/iPhone. It also appears that data can be brought back from the iPad to the main database on your Mac. This really does change everything. Work up your case analysis (as posted here) and then take the necessary parts (or all of it) with you to the deposition, hearing or meeting. The app for iPad/iPhone has not yet hit the app store, but should be coming soon and will cost $14.99, a paltry fee for the ability to take your case analysis data on the go.

iPad & OSX Apps for Appeals

Working with the iPad at oral argument before an appellate court, trial court or other hearing cuts down on killing trees while keeping all information at your fingers. Rather than print out reams of pleadings and argument outlines, the iPad can display all the information you need, but it takes a bit of work to ditch the three ring binder.  Here are the apps, both iPad and Mac OS X, that will get you there.

OmniOutliner/Circus Ponies Notebook

Drafting argument outlines in a dedicated outliner works far better than the 1998 method of turning on outlining mode in Word. Both OmniOutliner and Circus Ponies Notebook (CPN) provide not only excellent outlining tools, but the ability to ‘attach’ your pleadings, exhibits, deposition transcripts etc. directly within the outline as a PDF file. For purposes of getting an outline onto the iPad, CPN provides the better approach until OmniGroup releases OmniFocus for iPad sometime this summer.

Circus Ponies is much deeper than a simple outliner.  Hyperlinks can jump across the entire notebook to cross reference other related items on different pages. Additionally, CPN provides a robust indexing of the entire notebook and advanced sorting and flagging features. Finally, and crucial to getting all this info onto your iPad. CPN offers two key export methods. First, the entire notebook can be exported to PDF with both page numbers and chapter-page numbers.  Second, the entire notebook, PDF attachments included can be exported as a website. That means that CPN will export your notebook as a fully hyperlinked document with PDF images, functioning expand/collapse arrows on the outline and any tabs added to the side as a self sufficient website.  From CPN choose File>Export as a Website>To Disk.  It’s easiest to do this if you create a ‘temp’ folder on your desktop and save the file there.  CPN kicks out an index.html file and a few folders.  Double click the index.html folder and you’ll open the notebook in Safari/Firefox.  Getting that notebook-as-website on your iPad and functioning is the next step.

Air Sharing HD

Air Sharing HD is the most direct method and highly recommended independent of this exercise.  Air Sharing HD creates a network connected hard drive accessible from your Mac.  Following theinstructions for the software gets you a mounted hard drive on the iPad where you can then drag and drop documents and folders through Finder.  Take the ‘temp’ folder from your desktop containing your Notebook as website and drag it to the iPad mounted hard drive. Next, from within Air Sharing HD, open that temp folder and tap on ‘index.html’ and your complete notebook opens. Tapping on any of the links, tabs or pages works just like a click.  Additionally, you get any PDFs saved inside the outline and, tapping on those PDFs opens them in full screen mode. Hit the ‘back’ button and your back to your outline.

A Second Method: iAnnotate PDF Approach

Another approach uses strictly PDFs. After composing an outline, print the file as a PDF. Then using iAnnotate, ‘import’ those documents. iAnnotate has a ‘server’ application that resides on your Mac. Designate a folder, and iAnnotate will upload all PDFs contained in that folder. This allows you to load not only your argument outline, but also related pleadings and documents. Most importantly, iAnnotate provides a tabbed interface, allowing you to switch back and forth between documents quickly. It is especially helpful that iAnnotate allows searching within a PDF if the document has been OCR’d. In testing, iAnnotate handled a 422 page record on appeal, two 40 page appellate briefs, the argument outline and a few pages of Utah Code Annotated with no problems. By contrast, using Air Sharing HD with CPN, opening the 422 page record on appeal as a PDF was noticeably laggy and slow, although it handled shorter documents just fine. Tablet Legal recently covered iAnnotate’s features in detail.

Both approaches are a bit of a kludge in terms of loading the iPad. Still, it remains much easier and more environmentally friendly than the old three ring binder approach.

iPad at Trial

Maclitigator just completed a four day jury trial (a.k.a. “in the Soup” as my friend Chuck might say) using the iPad as the primary means of getting information in front of the jury.  Here’s the low down on how it went.

iPad for Trial Presentation

The last post on the iPad indicated that it isn’t (yet) of too much use in the day to day affairs of a trial attorney.  However, at trial, the iPad really shines. Trial technology should be transparent. This means that it should not appear to the jury as (1) overly flashy; or, (2) a complete headache and a distraction to the attorney. Apple has created a product which facilitates presentation of evidence without getting in the way and does so in a completely unassuming fashion.

The iPad sits low and is the perfect size to place next to a legal pad or other notes while at the podium. Using Keynote, all documents to be admitted at trial were loaded in. BlankiPad_Trialslides provided a ‘tabbed’ divider set up, separating photos of the scene, x-rays, medical records, tables & summaries into their respective categories. Once the “Trial Slides” were completed, examination outlines cross referenced the appropriate slide. The slides were not ‘motion slides’ or slide incorporating transitions or other fancy Keynote stuff. Just a single page per picture/document. Photos were grouped as a single exhibit (e.g. Exhibit 5 was a series of 5 photos, or 5 slides in Keynote).  The slides were then printed out and placed in an indexed binder which referenced the Exhibit number, the slide number, and the tab within the three ring binder. In this fashion, slides could be pulled up quickly and all evidence to be admitted was contained in a single Keynote presentation.

All deposition transcripts were transferred to Keynote as separate presentations, using PDFtoKeynote, a great little application that will take a multi-page PDF and turn it into a Keynote presentation, one page per slide.  Because the iPad can switch so quickly between presentations, flipping from the Trial Slides to the deposition transcript slides during a cross examination is an effortless process. Jumping back and forth between evidentiary exhibits and impeachment transcript evidence works like a charm and is much more smooth than wandering around the courtroom looking for the paper documents. PDFtoKeynote also works great for moving over multipage medical records too.

One caveat about using Keynote. If you develop your slides on a iMac or MacBook, be aware that (1) presenter notes do not transfer; (2) some fonts/transitions/image groups do not make the cut and will be replaced or removed. There is an Apple support article detailing these issues, but realistically your slides should be single page evidentiary focused, not slick “hey look at me stuff.”

Hardware Setup

Hardware setup could not be simpler.

(1) a good high lumen projector (>2500 lumens);

(2) a high quality and long VGA cable. Don’t try your local Shack or Bust Buy, they’ll either sell you an overpriced “Monster” cable or tell you that you can’t run long VGA cables because the signal fails. We ran a 25′ thin VGA cable from the projector to the podium with no loss of signal and at a cost of about $25. Our cable came from VPI and was good quality.

(3) an iPad, of course;

(4) a VGA video adapter cable for the iPad;

(5) the silicon inCase for iPad (get the black one, obviously). The iPad itself is a bit slippery. Sweaty palms and all during trial, the inCase silicon provided a great grippy feel and prevented the hard ‘bang’ sound of aluminum on wood at the podium. One downside of the case is that the iPad VGA video adapter would not fit through the opening. This required pulling the case slightly down to plug in the video.

Only twice did a technology hiccup occur during use at trial. On opening a presentation for the first time, Keynote abruptly quit, resulting and returned to the iPad home screen. Tapping Keynote and reopening the presentation quickly cured the problem. It’s a weird little bug that will probably be remedied and can be avoided by opening the presentation in advance. But, even with the ‘crash’ of Keynote, two taps and the thing was back up and FAST. The first time it happened there’s that momentary panic, but it opened up so quickly that the second time it happened I didn’t even notice it.

The MacBook came along at trial, but sat somewhat despondent at counsel’s table. Never once was it taken to the podium. It did come in handy for a quick search, during opposing counsel’s direct exam, for cross exam references in the witness’s deposition. But, iPad then took over by pulling up the transcript for the jury to see. More about the trial itself can be read here.