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Pulled from PRNewswire. Source: National Archives.

WASHINGTON, Dec. 18 /PRNewswire-USNewswire/ -- The National Archives and Records Administration (NARA) has received a Fiscal Year 2010 budget of $469,870,000 under the Consolidated Appropriations Act signed by President Barack Obama on Wednesday, December 16.

The overall appropriation of $469,870,000 is an increase of 2.31 percent over last year's funding of $459,277,000.

"Given these difficult economic times, we are extremely grateful to the Congress and the President for the generous FY 2010 appropriations. We will be able to continue to fund our core programs, offer the same high standard of services to our researchers and the public, and complete much-needed repairs and renovation of the Franklin Roosevelt Library," said David S. Ferriero, Archivist of the United States.

"We are particularly pleased with the historic increase in the allocation for the National Historical Publications and Records Commission," he added. "This will allow us to further support the nation's network of archives at a time when there is a critical need to make the materials available to all Americans."

For NARA's Operating Expenses for FY 2010, the President and Congress have provided $339,770,000, an increase from last year's appropriation of $330,308,000. The increase will cover the costs of inflationary increases in rent, energy, security and staff costs for NARA facilities at 44 locations around the country.

The Operating Expenses account also includes funding for 12 new entry-level archivists who will enter NARA's Archivist Development Program, as well as for personnel for the new Office of Government Information Services and the new Controlled Unclassified Information Office, which is part of the Information Security Oversight Office.

For continued development of the Electronic Records Archives (ERA), Congress appropriated $85,500,000, up from last year's appropriation of $67,008,000. This will allow further progress toward providing public access to the ERA, which eventually will allow anyone, anywhere, at any time to access electronic records held by NARA. This budget will also allow NARA to begin to establish the preservation framework for the system.

For repairs and renovations at NARA-owned facilities, the lawmakers appropriated $27,500,000. This includes $17,500,000 as the last installment for repairs and renovations at the Franklin D. Roosevelt Presidential Library in Hyde Park, New York. The Roosevelt Library is the oldest of the 13 Presidential libraries administered by NARA.

The National Historical Publications and Records Commission (NHPRC), the grant-making arm of the Archives, will receive $13,000,000, up from last year's $11,250,000. In the FY 2010 appropriation, $4,500,000 is set aside for providing online access to the papers of the Founding Fathers, as was requested in the President's budget.

The appropriations legislation also directs NARA to report to the House and Senate appropriations committees within 30 days of enactment on "information security improvements made or planned" and "to promptly inform relevant committees of jurisdiction when any formal law enforcement investigation is commenced into alleged theft of electronic or other materials which may contain personally identifying information."

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YOUR AUDIENCE: EFFECTIVELY PRESENTING EVIDENCE TO GENERATIONS X AND Y By David W. Mykel

INTRODUCTION

One of the most important aspects of any presentation is knowing your audience. Before you make your next presentation to a jury, consider this:

Over 60% of them were born after 1967 (this number will continue to grow steadily), and almost 70% of them get their news from the Internet.

The members of Generation X (born between 1965 and 1976) and Generation Y (born between 1977 and 1998) were raised in the information age. As a result, the way these individuals process, evaluate, and retain information differs from the previous generations. These differences will greatly influence not only how you communicate with them, but also with what medium.

For example, the younger the jury panel, the more important it is to communicate with the jurors via technology. Fifteen years ago, jurors wanted lawyers to summarize exhibits and documents using bubble charts and were engaged by this static media. However, in today's courtroom, jurors expect more -- they want to see, feel, and touch the data.


THE MULTIMEDIA MIX

To build rapport and credibility with Generations X and Y jurors, you need to understand them. They grew up in the digital age. Their world revolves around technology. These jurors are used to being engaged across multiple visual mediums. To capture their attention, you need to meet them on familiar ground -- multimedia.

For Gen X and Y jurors, information is abundant and comes at them rapidly and relentlessly. When watching a typical newscast, jurors are bombarded with information -- a talking head in the middle of the screen, a news ticker scrolling on the bottom, an additional correspondent in the top right and an American flag waving in the top left. This sensory barrage is even more concentrated when using the Internet, which over 80% of Generation X and Y jurors do.

Web sites like CNN, MSN, and USA Today contain approximately 100 bits of information with up to 15 moving parts at any time. They know that viewers absorb information visually, graphically, and in 10- to 30-second sound bites. Movement, colors, and pictures capture attention.

In short, you need a mix of media, complemented with effectively created graphics, to meet the expectations of jurors and gain a much-needed competitive edge during trial.
For example:

  • Colorful, vivid, interactive graphics created in programs like Abode Flash.
  • Deposition video with synchronized scrolling text.
  • Static media that "pops" by highlighting relevant portions of a document or other evidence.
  • Trial presentation software like Sanction or Trial Director to tie everything together and tell a story.

SHOW AND TELL

A traditional juror has a 15 second attention span, while Gen X and Y jurors have around a 10-12 second attention span. Jurors are constantly thinking about stuff other than your case. Gen X and Y jurors are more likely to disengage during a rambling presentation than during a succinct statement supported by demonstrative evidence.

Studies have demonstrated that by showing and telling, jurors retain information for a much longer period of time. The most notable study involving this theory was conducted by 3M, which concluded that a picture is indeed worth a thousand words. See The Weiss-McGrath Report (1994). Other studies have shown that 70% of jurors are visual learners (many lawyers are bookworms so they do not fall within the majority).

When information is shown and explained at the same time, it enters the visual cortex (frontal lobe of the brain) and the auditory cortex (temporal lobe) simultaneously, hardwiring it into memory. Thus, you need to ensure that you not only tell jurors about your case, but also show them the way to your preferred verdict.


CONCLUSION

Taking the above into consideration, it's easy to conclude that technology is no longer a luxury, but mandatory. After completing hundreds of post-trial interviews with Generation X and Y jurors, one thing is clear: they do not understand why lawyers are techno-phobic. The argument that something is too "slick" doesn't compute with their world view. To them, technology is a necessary means to an end that you should use to help your presentation become more memorable.

---------------------------------------------

ABOUT DAVID W. MYKEL

David W. Mykel is a litigation consultant for Courtroom Sciences in Irving, Texas. He comes from a psychology background, having earned a B.A. in Psychology and Criminal Justice as well as a Masters in Forensic Psychology. David considers himself part of a new breed of technologically savvy psychologists who specialize in case presentation and strategy including litigation graphics, jury selection, and trial technology. His background also includes mock trials and focus groups.

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'Twas The Night Before Christmas, Legal Version

Originally found by Bonnie of BBR Marketing from the site The Jokes.

'TWAS THE NIGHT BEFORE CHRISTMAS

(Legal Version) Author Unknown     

Whereas, on or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter "the House") a general lack of stirring by all creatures therein, including, but not limited to a mouse.     

A variety of foot apparel, e.g. stocking, socks, etc., had been affixed by and around the chimney in said House in the hope and/or belief that St. Nick a/k/a/ St. Nicholas a/k/a/ Santa Claus (hereinafter "Claus") would arrive at sometime thereafter.     

The minor residents, i.e. the children, of the aforementioned House, were located in their individual beds and were engaged in nocturnal hallucinations, i.e. dreams, wherein vision of confectionery treats, including, but not limited to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in said dreams.     

Whereupon the party of the first part (sometimes hereinafter referred to as "I"), being the joint-owner in fee simple of the House with the parts of the second part (hereinafter "Mamma"), and said Mamma had retired for a sustained period of sleep. (At such time, the parties were clad in various forms of headgear, e.g. kerchief and cap.)     

Suddenly, and without prior notice or warning, there did occur upon the unimproved real property adjacent and appurtent to said House, i.e. the lawn, a certain disruption of unknown nature, cause and/or circumstance. The party of the first part did immediately rush to a window in the House to investigate the cause of such disturbance.     

At that time, the party of the first part did observe, with some degree of wonder and/or disbelief, a miniature sleigh (hereinafter the "Vehicle") being pulled and/or drawn very rapidly through the air by approximately eight (8) reindeer. The driver of the Vehicle appeared to be and in fact was, the previously referenced Claus.     

Said Claus was providing specific direction, instruction and guidance to the approximately eight (8) reindeer and specifically identified the animal co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donder and Blitzen (hereinafter the "Deer"). (Upon information and belief, it is further asserted that an additional co-conspirator named Rudolph may have been involved.)     

The party of the first part witnessed Claus, the Vehicle and the Deer intentionally and willfully trespass upon the roofs of several residences located adjacent to and in the vicinity of the House, and noted that the Vehicle was heavily laden with packages, toys and other items of unknown origin or nature. Suddenly, without prior invitation or permission, either express or   implied, the Vehicle arrived at the House, and Claus entered said House via the chimney.     

Said Claus was clad in a red fur suit, which was partially covered with residue from the chimney, and he carried a large sack containing a portion of the aforementioned packages, toys, and other unknown items. He was smoking what appeared to be tobacco in a small pipe in blatant violation of local ordinances and health regulations.     

Claus did not speak, but immediately began to fill the stocking of the minor   children, which hung adjacent to the chimney, with toys and other small gifts. (Said items did not, however, constitute "gifts" to said minor pursuant to the applicable provisions of the U.S. Tax Code.) Upon completion of such task, Claus touched the side of his nose and flew, rose and/or ascended up the chimney of the House to the roof where the Vehicle and Deer waited and/or served as "lookouts." Claus immediately departed for an unknown destination.     

However, prior to the departure of the Vehicle, Deer and Claus from said House, the party of the first part did hear Claus state and/or exclaim: "Merry Christmas to all and to all a good night!" Or words to that effect.


Very odd blog comments

I consider myself pretty savvy to tricks people use to scam and phish on the internet, but I've recently come upon something that has me baffled.  For the last several weeks, I've been receiving comments on my blog posts that at first glance seem like compliments, but they really don't relate to anything in the actual blog post itself.  And I can't for the life of me figure out what purpose these odd, random comments serve!  There are no links listed, no services mentioned, just bizarre and vague comments that are typically grammatically incorrect.

Here are a few of the most recent ones:

  • Thanks for such a nice post. (blog post was about email retention, so nice?)
  • Where else could anyone get that kind of information in such a perfect way of presentation. (what does this even mean!)
  • That is some inspirational stuff. Never knew that opinions could be this varied. Thanks for all the enthusiasm to offer such helpful information here. (blog post was about how the emoticon got started)
  • I want to express my admiration of your writing skill and ability to make reader to read the while thing to the end (umm, what?)
  • Excellent read, I just passed this onto a colleague who was doing a little research on that. And he actually bought me lunch because I found it for him smile So let me rephrase that: Thanks for lunch! (this one doesn't seem too bad at first, except that I've had this exact same comment left on 6 different occassions)

Has anyone else had this happen on their blog?  What do you think is the point?  I'm just super confused, so any insight is greatly appreciated.

 


Virtual Legal Tech September 2010