Try out this cross examination technique that exemplifies an efficient and effective use of Key Docs.

BEFORE TRIAL
Prior to trial, load any documents from opposing counsel (as well as your own) into TrialPad. Next, create witness folders in the Key Docs section of TrialPad, adding any documents you plan to use with each witness.

IN TRIAL
During trial, whenever opposing counsel examines one of their witnesses, follow along in TrialPad, making each page they present a Key Doc, adding the Key Doc to the corresponding witness folder, and then highlighting or otherwise marking up the exhibit exactly the way opposing counsel marks it up during their direct. Having added the document or page to Key Docs will ensure that any markups you make will be automatically saved.

In cross examination, bring up the exact same documents, identically highlighted. This will accomplish several things. First, bringing up the identical document allows the judge and jury, as well as the witness, to follow along easily as they will have familiarity with a previously presented document. Further, bringing up the identical document allows you to ask follow up questions on specific points made and marked up during direct. Most effectively, it allows you to point out what portions of documents and spreadsheets were emphasized on direct, and what portions (important to your argument) that opposing counsel may have ignored or glossed over.

Imagine opposing counsel using exhibit boards with their witness, and then leaving the boards on easels in the courtroom for you to re-use during your cross. Using the above technique has the same effect.

Next time opposing counsel examines their witness, why not try following along on your own in TrialPad, assigning Key Docs, and marking them up the same way opposing counsel does.

BONUS TIP
Take a Snapshot of particularly effective documents you’ve displayed to the judge and jury, the kind the gets head nods, and hastily scribbled notes, and put those Snapshots in a folder named Closing Argument. By the end of trial, you’ll have a record of the most effective exhibits shown during trial, and a head start on your outline for your closing argument.