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Stop reading depo transcripts! Please welcome Gibson.

Updated: Jun 9, 2023

Litigator moneyballing litigation using depo transcripts

It’s official: Gibson™ is our peak Testimony Intelligence solution. It began as a series of reports combined into a dashboard that provided insights about deposition transcripts. Now, Gibson is more than a tool; it’s a partner for any litigator that augments their ability to devise deposition strategies and tactics and improve outcomes. (We say that it helps you with "Moneyballing" litigation by optimizing every iota of testimony data and performance data to drive better results. And we published a series of blog posts that illustrate what that moneyballing looks like.) We developed new features and processes. So much has changed that we also have additional patents pending.

(Here's the web page and a demo video.)

“What is Gibson Testimony Intelligence?” An incredible time saver and knowledge transfer solution that delivers litigation advantages and helps teams win cases.

“Why? What’s the problem?” Litigators may carry around knowledge about cases in their heads, but human memories are subjective and fallible. Also, the testimony from past litigation is typically scattered. So lawyers need to locate all the transcripts, then spend weeks re-reading and digesting prior transcripts to find relevant, helpful testimony.

“So what? This is how we’ve always done things.” That cost and time may be fine – until one of the attorneys leaves the firm, or another firm is brought in to assist. Not only that, but relying on faulty, subjective human memories exposes you to risk and may cause you to overlook opportunities. And the larger the matter, or the greater the scope, the worse it gets. For business critical and high-volume matters, the client and law firm may need to bring in additional attorneys and coordinate with several other firms and/or many other members of a class, as with an antitrust case.

In almost any case, memory is unreliable, and this is compounded by time. In a large case (say, with 100+ depositions), there’s so much testimony data that it is virtually impossible for one person to read and recall all the testimony, not to mention attorney & witness behaviors.

“Couldn’t we just dump it all into a folder and Ctrl+F (search) it?” Dropping dozens or hundreds of transcripts into a repository satisfies the intuitive wish to “pull” data through traditional keyword search. But even if every bit of testimony data was somehow already catalogued and tagged, that would assume the professionals who originally reviewed those transcripts predicted all the potential topics that you need today. This also precludes the likelihood of topics that you will not search for, because you don’t know they exist. The “unknown unknowns.”

No one has a crystal ball. But you can leverage tools to augment your competency. And the team who tells the better story wins.

What litigation teams need is an extra intelligence that can ingest enormous volumes of testimony data, organize it, and “push” intelligence to you. It needs to quickly identify and cross-reference multiple instances within the testimony of multiple witnesses, for example, compare friendly expert testimony to that of neutral or adverse experts.

Which brings us to today. Gibson drives better litigation results. It takes testimony – from raw deposition and trial transcripts – across one or many cases and converts it into useful, actionable analysis reports that litigation teams can readily consume.

Imagine having a second chair or adviser in every deposition or examination under oath, that recalls every word and phrase – including every question, answer, objection, and type of objection – and measures objective elements of individual or multiple hearings, detects patterns or anomalies, and recalls them for you instantly.

Based on Gibson’s analysis, defendants can identify ideal witnesses, then their counsel can efficiently prepare them to deliver rock-solid testimony. Plaintiffs can extract relevant topics and easily contrast testimony of different witnesses.

Through hyper-organized and indexed testimony, Gibson can help parties find the best quotes for motion practice and rapidly identify the best testimony for designations in anticipation of trial. Prior to examinations or hearings, users can better train new associates, prepare better deposition outlines, and predict the behaviors of opposing counsel.

Gibson is an expression of Cloud Court’s persona – a dynamic mind that finds patterns in data that can be exploited. It evokes parallels with IBM’s Watson, which has won games against chess grandmasters and Jeopardy! contestants. And Gibson is the solution that you want to help you win in your contests – or to achieve more favorable resolutions when winning looks like a less costly settlement.

Testimony Intelligence isn’t for everybody. If your company or law firm typically deals in a few small, short-term matters, it’s probably not for you. Likewise, if you believe your team’s culture is slow or reluctant to adopt new processes and tools that make people more productive, it’s not likely to help you evolve that culture in the short term. Gibson is a leap forward for innovative litigation teams who are continuously seeking to hone their edge. Let us know when you’re ready to see a demo.

(Here's the 4:25 high level feature demo.)

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