Category Archives: Miscellaneous

Why You Should Consider a Windows Computer and Laptop Buying Advice

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Why do we recommend having a Windows computer for CJA panel attorneys?

One of the great modern-day debates is Windows versus Apple. Like college football rivalries (think Alabama versus Auburn or UCLA versus USC), this discussion can generate intense emotions on both sides of the aisle. Add into the mix the introduction of Chromebooks (using a Chrome OS operating system), and it can be difficult for CJA panel attorneys to decide what to use in their practice.

For this conversation, let’s talk about laptops. When talking to people outside of the federal criminal defense world, we would usually say choosing a laptop depends on personal preference. You should pick the laptop that makes sense to you and allows you to be most productive. If you find you are more productive with a Mac, that’s great. People may be drawn to one operating system or the other for any number of reasons. Typically, the most important factor in choosing an operating system is which one you have used the most.  The mechanics of how that system functions will seem more intuitive to you, because you have years of experience using it.

However, for federal criminal cases, we suggest having a Windows machine available to you.

Why?

Three reasons:

  1. The Department of Justice, as well as most law enforcement agencies, use Windows computers. The systems they use to manage evidence and electronically stored information (ESI) will, by default, work on Windows machines. As a result, when they produce discovery to the defense, it will work (usually) on Windows machines.
  2. Several important software programs and digital forensics programs do not work on Macs. Examples include dtSearch, CaseMap, Cellebrite Reader (a free viewer that can speed up review of cellphone dumps) and FTK Imager (a free tool to look at computer images the government seized, so that you can see what the computer looked like to the person who used it). Now you may not need to use these tools (there are work arounds or alternatives), but it is a limitation. In addition, while many file formats can be opened on either Windows or Apple machines, such as Word documents, PDFs and PowerPoint files, there are other file types that do not work natively on Macs. For example, certain proprietary audio and video files can only be played on applications that work in Windows. Now that all discovery being provided by the U.S. Attorney’s Office is encrypted in transit, they often use tools designed to function on Windows machines and not Macs. Of course, you can try to work it out with the government, so you receive something that is Mac-friendly (and many times they will be accommodating), but it is not their default procedure.
  3. There are other costs associated with Macs. For one, PCs are often cheaper than their Mac counterparts.  Additionally, programs offered for a discount to CJA panel lawyers by the Defender Services program typically are Windows based.

Does this mean we are saying you should abandon your Mac? No. Plenty of us use both Windows and Macintosh computers at work or at home.  What we are saying is that you should consider having a Windows computer available to you to assist you in your CJA cases, as it can save you time and money in the long run.

Which laptop should I buy?

When it comes to buying a Windows laptop, there are hundreds of options.  The following minimum criteria should be considered when purchasing a new laptop:

  • 12.5 to 14-inch size screen – typically a good balance between usability and portability. This assessment is something to consider. If you are going to be mobile, go on the smaller side. If you are going to more stationary, consider the larger screen;
  • At least a Core i5 CPU;
  • At least 8 gigabytes (GB) of RAM;
  • Screen resolution of 1920 x 1080;
  • At least 500 SSD (solid state drive);
  • 8+ hours batter life;
  • Windows Professional – which gives you Bitlocker, an easy way to encrypt files and folders.

If you can afford to spend a little more, adding to these minimum specs options can result in better performance. For myself, I like to have at least a machine with Core i7 CPU, 16 gigabytes of RAM. Many of our colleagues have found that if they have a more robust machine, problems they had scrolling through large PDF files or viewing proprietary video files in their older, less powerful machines went away. However, price is always the top issue so shop around and find what works for you and your budget.

Box.com Features

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Box.com is a cloud-based repository that allows users to store, access, share and transfer electronic files. It also has features that allow for collaboration on the drafting of documents. We will touch on some of the key features here and more detailed information about each feature will be provided in future blog posts. Users can easily access files from different devices (such as computers, tablets and smartphones) anywhere they can connect to the internet. This allows federal defender offices and CJA panel attorneys to share discovery and work product easily and efficiently in a secure environment. With the national contract the National Litigation Support Team (NLST) has with Box.com, the security features emulates those of USAfx, the DOJ’s re-branded version of Box.com they use to disseminate discovery in many districts. If you are interested in using Box.com for one of your cases or have questions about its utility, please contact Carl Adams with the NLST.

Box Drive, otherwise known as “Desktop, meets cloud”, allows users to access Box content from their desktop. Unlike Box Sync, Drive brings the entire universe of Box.com files to the desktop without taking up too much space on a hard drive since files are stored in the cloud instead of locally on a computer. However, it does not support offline access to content. Users will need an internet connection to access files. Box Drive can be easily accessed on a user’s desktop from Windows Explorer (Finder on a Mac) or the Windows System Tray (System Notification on a Mac). Documents can be created and/or edited from the desktop and changes will automatically be saved back to Box.com. Drive also gives users the option to “lock” shared files to keep other collaborators from overwriting edits.  Learn more about Box Drive and download it here: https://www.box.com/resources/downloads/drive.

Box Sync allows users to mirror data stored on Box.com on their desktop or laptops. Unlike, Box Drive, users do not need an internet connection to access files once they are downloaded. Box Sync allows users to choose which files to sync so you don’t have to sync an entire folder. If any changes or edits are made, they will be synced back to Box.com the next time you connect to the internet. Box Sync allows the user syncing documents to choose the location where the synced folder resides. By default, synced folders live on the user’s local C: drive. However during the initial setup, the location can be changed to a shared network drive so that all those with access to that shared network drive can then access the synced folder.  Learn more about Box Sync and download it here: https://community.box.com/t5/Using-Box-Sync/Installing-Box-Sync/ta-p/85.

Box Edit is a feature that makes collaboration even easier by allowing users to edit files directly from Box.com. Users no longer must download a file, make their changes and then upload it back to Box with a different name. Box Edit works with many programs including Word, Excel, PowerPoint and Adobe Acrobat. Once Box Edit is installed on a computer that also has the program in which the file was originally created, users can access the file in Box, which will then launch the document in the original program. Revisions are made in the original program, the updated file is automatically saved directly back to Box because of the integration. Box Edit will track the version history of the documents so users don’t have to worry about saving files as different versions. Older versions of the documents can be accessed in the version history on Box. Box Edit also allows users to create new documents directly on Box. Users must “Select” New and choose the type of document they want to create. Once created, it is available to any collaborator with access to that folder for editing.  Learn more about Box Edit and download it here: https://app.box.com/services/box_edit.

Box Notes is an easy to use tool that works on Box.com or as a separate “add-on” for your desktop. Box Notes allows users to quickly take notes, share ideas and collaborate with others. The live editing and collaboration feature allows everyone to see the same note and make changes or suggestions in real time. Users can see a list of all existing notes on Box and their associated folders as well as the last collaborator to update the note. The Box Notes desktop application is a separate add-on feature, but works the same way as Box Notes in your web browser. Once Notes is installed on the computer, a shortcut icon is created on the desktop. It can also be accessed from the list of programs installed on the computer. Users can edit and collaborate on notes as they would on Box.com. Any edits or changes made on the desktop application are available to collaborators in real time on Box.com.  Learn more about Box Notes and download it here: https://www.box.com/notes.

Box.com FAQ’s

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To assist federal defender offices and CJA panel attorneys who need to share and transfer e-discovery in their cases, the National Litigation Support Team (NLST) has obtained (“cloud”) space from Box.com for the short-term storage and transfer of data.

Details

Box.com is a simple cloud-based collaboration program that allows users to store, access, share, and transfer electronic files and documents.  The service encrypts all data and has additional security features.  Users can store an unlimited number of files, for their own use or to share with others, without having to use remote access to office computers. Defense teams can use different devices (such as computers, tablets, or smartphones) to access case data anywhere they can connect to the internet.  This allows CJA panel attorneys to share discovery and work product easily and efficiently in a secure environment.

Box.com is being used by the Department of Justice (DOJ) as their cloud service to distribute e-discovery to the defense. DOJ evaluated it against other similar products and concluded it best met their security standards.

Box.com is committed to ensuring that your data will remain as secure as possible, and providing strong customer support. They have worked closely with the NLST in designing a cloud service that effectively addresses CJA counsels’ growing problem of moving and sharing large volumes of data. The NLST will work directly with each defense team to set up their cloud case folders, and to provide ongoing support of their use of Box.com.

The NLST will manage:

  1. creating case folders to hold electronic information on a case in the cloud,
  2. inviting team members (“collaborators”) to help them get access to the cloud data, and,
  3. granting rights of different team members to get into specific folders.

Because cloud contracts like this store case information on servers owned by Box.com, attorneys remain ultimately responsible for the use of this service. Before using it, CJA members should review their local bar opinions regarding the use of cloud computing and storage.

Once approved, the NLST will send you a form asking for the case details including who will serve as the “point of contact” for each defense team, and who on the team should be given access to the what files that have been stored on the cloud. Note that additional team members can be added later. The NLST will set up a short session to show all those who will use this cloud service how to navigate the system, and how to upload and download data. The NLST will be the team’s first point of contact if there are any questions about using Box.com, technical questions, or any concerns regarding using this
cloud-based case information repository.

Please note that Box.com does not offer advanced e-discovery features found in online document review programs such as Relativity, Summation, or Catalyst. It does not have a database and other advanced tools for organizing, reviewing, and analyzing e-discovery. Rather, its purpose is for short-term storage and transfer of information in the “cloud.”

When the case has concluded, (or sooner if counsel no longer needs this service), the CJA lawyer must delete all case materials from Box.com. The NLST will help ensure the case files are deleted, and the case is properly closed. Counsel should always maintain a copy of all files on their office computer system (besides the information stored in the cloud), as only duplicate files should be stored on Box.com.

Below are some answers to Frequently Asked Questions (FAQ’s) in regards to this service:

What is the difference between Box.com and Dropbox?

Box.com and Dropbox are both cloud based repositories. The Department of Justice is using Box.com, renamed USAfx, to distribute discovery to defense counsel in many districts. Since the DOJ has approved of the security protocols of Box.com, we felt that it would be helpful to make Box.com available to federal defender offices and CJA panel attorneys on a national level. For that reason, the National Litigation Support Team (NLST) has a national contract with Box.com and not with DropBox. The NLST assists in creating and managing case folders on Box.com for the sharing of work product and discovery but we do not support the use of DropBox in any way.

Since USAfx is just Box.com rebranded, can I use my USAfx user ID to log in to a case folder that I have asked the NLST to create on Box.com?

Unfortunately, no. Your user ID and password for USAfx is unique to USAfx and will only work on USAfx. You will need to set up a regular Box.com account and use that user ID and password to access any case folder created by the NLST.

How do I request a new case folder to be set up?

If you think your case would benefit from having a case folder set up on Box.com, please contact the NLST (Carl Adams or Alex Roberts). Once it has been decided that Box.com is the way to go, fill out a request form at: http://survey.fd.org/TakeSurvey.aspx?SurveyID=boxrequest. You will be notified once your case folder is ready to be used.

What is a collaborator?

Every person invited to work within a folder on Box.com is known as a collaborator. Each collaborator needs to have their own Box.com account and needs to be invited to the folder by the NLST.  If you receive an invitation to collaborate on a folder and you don’t have a Box.com account yet, you will first need to set one up.

Can I invite other users to collaborate on a case folder myself?

Only the NLST can invite collaborators to a folder to ensure that only those who should have access to a folder are granted access.

We have an expert on our case. Can we give them access to just a specific folder under our case folder on Box.com

Box.com works well for sharing a subset of information with an expert. Each sub-folder can have a different set of collaborators so you can set up a folder that only you and your expert can access.

Can access to a folder be limited to “read only” for certain users?

Each person invited to collaborate on a folder can be set up with their own unique permission level. The permission levels options for Box collaborators are:
Box.com Permission Levels

How do I setup a Box.com account?

To set up a free, personal Box.com account, which is all you need to access any case folder created by the NLST, simply go to https://app.box.com/signup/n/personal and follow the instructions.

Can I access my Box.com folder on my phone or tablet?

Box.com is mobile device friendly. You can download the Box app to your phone or tablet and access your folders and documents using the same log in credentials you do on Box.com when sitting at your computer.

Why am I being asked verify my account with a text code?

We want to make sure that the data being shared is done so in a secure way. Asking for a text code in addition to your user name and password is one way of ensuring that the person who is logging in is in fact the person authorized to see the data. This two factor authentication process is just one of the many security measures that makes Box.com a safer way to transfer data between legal teams, clients and experts.

How do I upload items?

There are two ways to upload items into your case folder. You can either (1) drag and drop a file or folder from your computer into the folder or (2) click on the “Upload” button at the top of the page and browse to the filer or folder you want to upload.

How do I download items?

There are two ways to download items into your case folder. You can either (1) right click on the file or folder and choose the download option or (2) click on the ellipses […] next to the file or folder and choose download.  Folders are downloaded as .zip files so you have to extract the files to your computer once the download is complete.

Can I get notified when another collaborator adds or deletes documents from a folder?

You can set your user preferences to receive email notifications when another collaborator downloads, uploads, makes comments, previews or deletes items from your case folder. Click on the down arrow next to your name and select account settings. Then click on Notifications along the menu bar. From there, you can select when you receive email notifications based on the actions of other collaborators.

How do I setup a sub-folder within a case folder?

If you have a folder on your computer that you want to make a sub-folder in your Box.com case folder, drag and drop the folder from your computer into your case folder. If you want to create a new sub-folder, click on the “New” button and a sub-folder will appear.

What happens when something is deleted?

Items that are deleted are moved to your Box.com Trash folder.  Deleted items will stay in the Trash folder for 90 days, during which time you can go into your Trash folder and restore those items to your case folder. After 90 days, they will be permanently deleted.

Is there a maximum amount of data that I can use Box.com to share?  What if I have 75 gigs or 1 terabyte?

There is no limit to the number of files or folders that can be shared on Box.com. For most users, there is a 250MB per file upload limit.  If you need to upload files larger than 250MB, contact the NLST for assistance.

How do I edit a Microsoft Office document that has been shared on Box.com and track each version on Box.com?

Collaborators can use Box Edit to make changes to Microsoft Office documents.  The changes will be saved directly back to Box.com along with access to prior versions of the document (see: https://app.box.com/services/box_edit for details and requirements).

Why is “NLST Admin” the Owner of the folder I requested to be created?

The NLST has a national contract with Box.com and is responsible for the creation and management of case folders in order to ensure sure that the appropriate security settings and collaborator permissions are used.  We are responsible for the security of our hosted space on Box.com and we want to make sure that nobody is accidentally allowed access to any case data.

Can I use Box.com to store old case files?

While your personal Box.com space can be used for any purpose, the case folders set up on Box.com by the NSLT is not designed for the storage of old files long term.  Case folders are meant for the short term sharing and transfer of files and to allow for teams to collaboratively edit documents while tracking each version.

CJA Panel Attorney Software Discounts

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There are several vendors who offer discounted rates to CJA panel attorneys for their litigation support software.  Currently, there are discounted rates being offered on:

  • CaseMap Bundle (CaseMap/TimeMap/DocManager)
  • dtSearch
  • Trial Director

We hope to continue the national contracts which encourage these deals to be offered to the CJA panel, but considering the ongoing budget limitations all deals are subject to change.

Note: Like many litigation software programs, these programs are developed for Windows based operating systems and do not work with Macintosh operating systems.

Continue reading →

The Role of a Coordinating Discovery Attorney

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We all have our favorite lines from the Quentin Tarantino movie, Pulp Fiction.  Mine is from the scene where Winston Wolfe, played by Harvey Keitel, arrives to clean up a mess caused by the accidental discharge of John Travolta’s handgun.  As lawyers, we’re called upon to “solve problems” and help clean up messes.  For me, it includes addressing how to handle terabytes of data that may include hundreds of thousands of pages of documents, tens of thousands of emails, hundreds of email attachments, tens of thousands of wire taps, body wires, GPS longitude and latitude data, hundreds of photos and many hours of video.

But as investigative methods become more sophisticated, so do the means to cull through and organize massive amounts of discovery.  Picking the right tool is the key to “solving problems”.  It might mean creating sortable spreadsheets or retaining the services of state-of-the art web-based document repositories.

For example, on multiple-defendant drug cases, we recommend using Excel spreadsheets to create sortable indices.  One of the spreadsheets is for the line sheets and corresponding wiretap audio files.  The other spreadsheet is for the remainder of the discovery and can include documents, photos, videos and body wire recordings.  Counsel can sort by defendant name, date, call number or any other subject for which we have entered information.  Each discovery item is hyperlinked to the spreadsheet; just sort down to a particular grouping and click on the hyperlink.  The document displays, audio plays or photograph opens. 

For fraud cases, which often include hundreds of thousands of pages of documents including emails, discovery can be hosted and accessed using an online document database.  Multiple defense team members can access, search, sort and identify documents simultaneously using sophisticated search features.  Online database programs have capacities to manage huge amounts of discovery – far greater than any desktop application.  They also have features to help find key documents, tag them for their importance and even save them for later review.

I can help solve your problems.  I am a CJA Panel Attorney in Seattle, Washington.  I am under contract with the Administrative Office of U.S. Court, Office of Defender Services as a Coordinating Discovery Attorney (“CDA”) to support your work on multi-defendant prosecutions involving large amounts of discovery.  My job is to help you strategize and implement ways to use technology to create cost effective ways to better represent clients in massive discovery cases for CJA panel attorneys and FDO staff across the country.

I evaluate each lawyer’s level of computer sophistication; identify the types of discovery involved; assist in determining how best to distribute the discovery; determine what technology and other resources are necessary for discovery review and management; and help in maintaining quality control of the discovery review process.

I focus on a limited number of cases each year that have been identified by the National Litigation Support Team (“NLST”) as needing a CDA, whether due to the complexity of the matter, the number of parties involved, or the nature and/or volume of the discovery.  After an initial consultation with the NLST, and a second one with me, a decision will be made about the use of my services.

The factors that are considered in determining whether a CDA should work on a particular case are:

  • Whether the number of co-defendants is so large as to create a risk of costly duplicative efforts, which could otherwise be eliminated or reduced upon the appointment of a CDA, or whether there are other factors that create a likelihood that the CDA’s participation would enable costs to be contained;
  • Whether the volume of discovery is so large that addressing the Organizational needs in the case would interfere with defense counsel’s ability to address the legal and factual issues in a case;
  • Whether unusual organizational or technological issues exist, not commonly found even in complex cases, that would interfere with defense counsel’s ability to address the legal and factual issues in a case;
  • Whether the case is prosecuted in a region that lacks experts who can provide necessary technology support and document management expertise in addressing the factors described above;
  • Whether the timing of the request, which preferably should be made early in a case, is such that the CDA’s participation is likely to be of assistance to defense counsel, promote efficiency, and contain costs; and,
  • The CDA’s workload.

All these factors need not be present.  Any final determination will be made by the National Litigation Support Administrator.  In determining how much weight to provide each factor, the seriousness of the alleged offense will be factored into any decision.

If approved, CJA panel counsel then petitions the court for my appointment.  By having the court appoint, I will have standing to confer directly with the prosecution on issues of discovery, which allows for better coordination and overall cost-efficiencies regarding information exchange.  I will examine the discovery and propose a plan of action.  If counsel agrees, we’re on our way.  If outside services are necessary, the proposed services of vendors will be evaluated and competitive price quotes obtained.  I will recommend to the court the proposed strategy and petition for the necessary funds.  Throughout the project, work will be monitored to make sure it is being performed properly and in an expeditious manner.

Russell M. Aoki,

Coordinating Discovery Attorney

If you have any questions regarding the services of a CDA, please contact either: