Can Jurors See and Hear Your Most Important Evidence?

I subscribe to several newsletters and feeds in an attempt to keep myself on the "cutting edge" of presentation technology. As such, from time to time I receive a familiar sounding tome that reinforces my thought process as well as my attempt to bring law firms into the 21st Century with affordable presentation solutions.

Such was the case when I received an emailed newsletter from Elliot Wilcox, a practicing attorney who has carved out his own niche in the "Trial Presentation Arena" with a website and support service entitled "Trial Presentation Theatre".

I've purchased most of Elliot's material (Nope-no discount! and this blog entry was MY idea) and have enjoyed his approach immensely and would strongly suggest that, if nothing else, any lawyer faced with today's challenges of prepping for a court presentation should subscribe to Elliot's newsletter. Of course Elliot would prefer you buy his top-notch information package - but - I think he can make the sale on his own - it's that good. (Check out this "about" link for more info).

Anyway -After I received his newsletter I asked Elliot if I could reproduce it here since I felt his  message hit the mark and... since I've been too busy to formulate my own musings it bails me out as well!

So - Read, Learn and Enjoy!

..................................................................................................................................................................................

It's not enough to get your exhibits admitted into evidence.  You need to make sure that the jury can see and/or hear it, too.  This week's article will help you present your evidence to the jury.  I hope it helps you during your next trial!

Best wishes for success in your next trial,
Elliott - signature
Elliott Wilcox
Editor - Trial Tips Newsletter

ABOUT ELLIOTT: Elliott Wilcox has served as the lead trial lawyer in nearly 200 jury trials and more non-jury trials than he can count.  He trains hundreds of trial lawyers every year how to improve their courtroom presentation skills, and his trial advocacy articles are read by thousands of trial lawyers in every continent around the world except one.  (If you know any lawyers in Antarctica, please send them to www.TrialTheater.com !)

Feature Article

“Can Jurors See and Hear Your Most Important Evidence?”
by Elliott Wilcox

If you try enough cases, you'll eventually get your hands on “It.”   “It” is that amazing piece of evidence that makes or breaks your case.  “It” takes on many different forms:

  • The “Are you lying then or are you lying now?” prior inconsistent statement
  • The “I did it, and I'd do it again!” confession
  • The video of the “disabled” plaintiff easily lifting 50 lb. bags of mulch or participating in semi-professional wrestling matches
  • The “smoking gun” email that proves the defendant knew about the potential danger and decided to cover it up rather than recall the product

It” is that piece of evidence that you can't wait to show to the jury.  You won't have “It” in every case, but when you do, it's a wonderful feeling.  You know that as soon as you show “It” to the jury, the case will be won.

But hold on just a second.  There's something important you should know before you show “It” to the jury. 

No matter how damning that prior inconsistent statement may be, it's worthless if the jury can't hear it.  Even if your video completely contradicts the plaintiff's claims, it's worthless if the jury can't see it.  Some jurors are too embarrassed to admit they can't hear the recording, can't read your exhibit, or can't see your video.  You need to be assured that they see and hear “It.”  Here's how to do it:

My, what big ears you have!1. How to guarantee that the jury hears every word of your recorded statement.  As you start playing the audio recording, cup your hand over your ear and make eye contact with each and every juror.  Non-verbally, you're asking them if they can hear the statement.  If they can hear it, they'll nod their heads in agreement or give you a “thumbs-up” sign.  If they can't hear, they'll give you a non-verbal clue to raise the volume (or maybe even tell you, “Turn it up, I can't hear!”) 

Here's an added benefit: Making eye contact with each juror forces you to “check in” with them, so you can evaluate how things are going.

2. How to guarantee that the jury sees your video.  Get to the courtroom early and set up your video display.  Turn on your video, then climb into the jury box.  Sit in every seat in the jury box so you can see what your jurors will see.  Do you need to crane your neck to see the video?  When you move to the end of each row, does it become difficult to see the video screen?  Is the screen too close?  Too far?  Make any adjustments now, before the jury gets here, so you can be assured that they'll see your evidence.

Once you start playing the video for the jury, you'll want to repeat the step outlined above to ensure that they can hear the recording.  While you're making eye contact with each juror, track their sightline.  Can they actually see the video?  Are they actually looking at it?  If not, make any necessary adjustments so they can view your evidence.

3. How to guarantee that the jury reads your exhibit.  If you're presenting written exhibits to the jury (such as posters of the jury instructions or blow-ups of contract highlights) you want to make sure the jury actually reads your exhibit.  To make sure they have enough time to read it, quietly read through the entire exhibit to yourself twice.  You're already familiar with the exhibit, so you're going to read through it faster than your jurors will.  After your second read-through, take a moment to make eye contact with every juror.  Look at their eye movement.  If they're looking at you, they're ready for you to proceed.  But if you see they're still reading, don't say anything yet.  Wait until everyone has finished reading before you or your witness say anything about the exhibit.

If you've done your homework, you already know how to make “It” admissible.  You also know when you should publish “It” for maximum persuasive effect.  Now just follow these simple tips, and you'll guarantee that jurors will see and hear your most important evidence.

Elliott Wilcox publishes Trial Tips Newsletter.  Sign up today for your free subscription and a copy of his special report: “The Ten Critical Mistakes Trial Lawyers Make (and how to avoid them),” at www.TrialTheater.com

"Twittering" - Social Networking or Mass Distraction?

O.K. - so I've officially  become a "Twit".

I've had my "Twitter" account for about 9 months now and didn't have a clue as to what to do with it.

Two weeks ago I jumped into the fray and gave the world tacit approval to stalk my every move, read my fleeting thoughts and, more or less, participate in "my daily experience". (Wasn't this what my Blog was supposed to do? And the "LinkedIn"?)

Twitter is the "now experience" on the internetspreading like an uncontrolled virus throughout the world - easy to get but a nasty little number to get rid of.

I had the good people at LexBlog set up my little "Tweet Box" (off to the left there) so that anyone who wished to live vicariously through my experiences could get a glimpse of my inner thoughts and observations - such as they are..raw and unvarnished.

Amazingly, to date, about 50 or so people have chosen to "follow me" in my daily escapades and glean what (little) wisdom I can offer throughout the day. Talk about pressure to perform!

For those of you who don't understand the "Twitter Phenomena" let me just say "You either get it or you don't".  I won't even attempt to explain the attraction or fascination the world has with this new form of viral communication; it reminds me things like the "Pet Rock" or CB Radios of yesteryear - a unique experience for many but a puzzle for the rest (the sane world).

My challenge is trying to get a complete thought out in 140 characters (or less) and have it make a modicum of sense. Originally I thought it was 140 WORDS or less.

You have NO IDEA what a challenge this has been for me! I'm not known for brevity... not by a long shot! Especially when I'm trying to be profound. (Note: Twitter is not a vehicle for (my) profound thoughts).

So, please, choose to follow me if you wish (like I don't have enough pressure to produce in my life!) - just click on the "Follow Me" box there on the left, or, check out my current "Tweets" on the "About" page on this site to see if there's anything in my life you'd like to share in. (Test drive my "Tweets" so to speak).

 And, if you have an interest in anything to do with presentations, the use of graphics ,audio and video in trial, or eDiscovery I'll try to inform, expound upon and relate.. all in 140 characters or less.

I promise that I'll try not to disappoint and will hopefully enrich your empty day somehow.. all in 140 characters or less.

Oh, and feel free to comment on this site (no limits as to characters!)

"PaperShow" : Write It - Show It (it's really that easy!)

I recently had the pleasure of putting a new product called "PaperShow" through its paces to see if it would be a good fit in the trial presentation/court room environment. Papershow is similar in concept to the SMART Airliner wireless slate and eInstruction tablets, but is much less expensive at just $199 for the starter kit.

After trying a variety of configurations I'm more than happy to give it an A+ as far as a presentation tool and I would strongly suggest that anyone seriously involved in court room presentations add this valuable tool to their inventory.

The product is so simple to set up that anyone remotely familiar with presentations should be able to get it up and running withing 5 minutes; those who haven't a clue about presentations will take about 6 minutes - yes, it's that easy!

The "device" itself consists of a USB drive and a special pen and (special) paper that is unique to the system. When you plug in the Bluetooth USB dongle the setup software launches and downloads the latest version of the Papershow software application to the Bluetooth USB dongle which also serves as a Flash drive.  The pen is a matching Bluetooth transmitter and the paper has a pattern that allows everything written,drawn, or outlined to be replicated on the computer screen.

Using just the  pen a  you can draw in different colors, make shapes, erase, and undo by writing on Canson's (the PaperShow maker) specially made "invisible dot" paper (if this sounds familiar, it's the same Anoto technology incorporated into products such as the Logitech io Personal Digital Pen and the newer LiveScribe Pulse Smartpen).

On the right side panel of the A4 interactive paper you have controls to change the width of the pen stroke, change the colors and draw basic lines, arrows, circles and squares. You can also fill the circles and squares with a color and highlight text with the highlighting tool.

You can even erase your writing and objects on the computer with the eraser tool.

You can easily bring up presentations and use the Papershow to make real-time modifications or draw pictures like that UPS Whiteboard commercial guy. To change color and brush size, and to access other functions, you just tap icons in the right margin of the paper.

All the programming is contained in the USB drive so you can carry the program and even saved images with you from computer to computer.

(The current solution only runs on Windows at this time.)

With Papershow, you are physically writing with ink on paper, rather than an electronic tablet, and this is then projected on the screen which creates more of a “magic” effect.

But Wait! There's More......

Continue Reading...

CT Summation : "Litigation Support Boot Camp"

We're a busy little crew here at Video Resources (as evidenced by my long overdue blog-sorry!)

When we're not saving lives and reputations we make it a practice to keep up on as many subjects, programs or products which will have a positive impact on our services.

With the goal of being "all things to all clients" I undertook a three day "Power User" course which explored the complexity and versatility of CT Summation, probably the best litigation support program in the known legal universe (for those who know how to tap into its incredible power).

Although CT summation isn't exactly the first choice to use for trial presentation (it lacks many of the robust features of say, Sanction or Visionary) it is probably the best known litigation program in the legal community. Many of our clients rely heavily on CT Summation and it's imperative in "our world" to know how to adapt, capture and present data, regardless of its native format.

So, with my time at a premium, I jumped at the chance to participate in a three day course taught by Henry Alonso , owner of Alonso Consulting & Training. Henry has over 16 years of hands-on experience working with CT Summation and has several years under his belt providing litigation support to a variety of top level law firms - it was a no-brainer of a decision to learn from Henry and well worth the investment.

The course was a non-stop, hands on adventure that allowed me to perform, in a real-time, legal environment; Henry taught us tricks and shortcuts that even many seasoned users of the program aren't aware of ; after 24 hours of immersion into every aspect of the program I and my fellow "Boot Camp Power Users" came away with a solid understanding of just how powerful the program is. (We got a really cool certificate to boot!)

Two weeks later I discovered just how useful this training would be..... 

Continue Reading...

ShowLogic™ - Excite.Engage.Involve - an extemely versatile presentation tool

Wow! - It's been a busy month for our litigation support team here in Video Resources! We clarified and presented a video in a ten year old murder retrial that resulted in me having to appear as an Expert Witness to explain the "how's and why's"  of video forensics to an unenlightened jury ("ie, This is NOT CSI!).

The following week we quickly changed gears when we were called into a new case involving FUNGUS! We now now more about water damaged homes than we ever thought we would or ever cared too.

However, this case is interesting because we are working with a law firm who has NEVER dealt with using ANY hi tech presentation services - EVER. We were recommended to them as a source for editing their clients insurance video for their lawsuit and wound up presenting their opening argument (via the video) for them in the smallest court room available in Orange County (Calif) Central Division. (Seriously.. Dept. 56 is the tiniest court room I've ever had to work in).

The firm that retained our services insisted that we do the presentation for them, no matter how simple, because they'd witnessed enough "multi-media meltdowns" in court to want NO PART of running their own presentation.

The opposing counsel consisting of (three separate law firms) showed up "loaded for bear"; they had their projector, their "portable" 8 foot by 8 foot screen, their DVD player(s) , their ELMO , their Sanction Legal Presentation Software, their PowerPoint program and their Anchor Systems amplification system. They had a top notch presentation group from Los Angeles which acted swiftly and efficiently running all manner of cables hither and fro while trying to avoid us while we attempted to hook up our 2 power cords and our plasma screen.

Yeah, for all of our prowess in preparing and presenting magnificent presentations, all we had was a DVD player and a plasma screen.

But hey.. sometimes... just sometimes,... less is more!

The trial started - the opposing counsel dismissed (rather rudely, I might add) their presentation team because one of their attorneys "knew all about how to present  this stuff". (You know what's coming, right?) 

We went first and 30 minutes later our little video was complete and our work for the day was done.

The opposition began their opening statement and then restarted their opening statement and then asked for 5 minutes to "sort something out" and then started again. Things went well for about 6 minutes when their PowerPoint presentation switched from a chart to a time-line to a series of photos- all without explanation - so, after a little fumbling and weak jokes about technology they skipped that part of the opening and  they next jumped to their DVD which didn't fare much better because the audio didn't work and then the DVD flat out quit. (I can't make this stuff up!) Finally, the judge, sensing a total meltdown, called for an early lunch break so the entertainment committee could get their presentation back on track. (I fought back the urge to stand up and applaud the judge's wise decision).

Which brings me, in my roundabout fashion, to ShowLogic™...

Continue Reading...

Collaboration Tools and Technologies-Smart Ways To Work Together

The title say it all !

Well, actually the full title is "The Lawyer's Guide To Collaboration Tools and Technologies, Smart Ways To Work Together" by Dennis Kennedy and Tom Mighell, but, you get the picture, right?

Generally I try not ot wander too much away from trial presentation tips but, in this case I've got to comment about a much ballyhooed book that covers almost every aspect of communicating within a lawfirm not only with your peers but with your (all important) vendors as well.

This book is an excellent A to Z treatment of something we all take for granted: Communication with one another

The authors take a no-nonsense approach to the obvious (and not so obvious) and guide the reader through the mechanics of effectively coordinating not only the workflow in a firm but efficient methods of coordinating that workflow.

From effectively and (more importantly) efficiently using email,to exploring the use of "Wicki's", Blogs and RSS Feeds this is the ideal guidebook for those serious about productivity and workflow communication within the firm and with the firms' (outsourced) vendors.

I feel that the firm that takes the time to invest in this guide and actually take the methods to heart (and actually implement them) will have the advantage of a coherent presentation based on solid information management and execution. Which, in turn, makes the work of your vendors that much easier.

While the "Guide" is loaded with prime examples of effective communication techniques you'll probably only need to adopt a few (depending upon what you currently have in place) to see an overall improvement in your product.

 Do yourself a BIG favor and buy the book; it's one of the better investments you'll make for your firm.

 

 

"PowerPoint For Court"- Affordable Software for Trial Presentation

Due to the nature of our litigation support servces here at Video Resources I've had the opportunity to test out a variety of courtroom presentation software; The two most popular (in constant use) being Adobe Acrobat Professional and Microsoft's PowerPoint.

These two excellent programs embody what I consider the "base" technology for what has developed into today's advanced presentation software like CT Summation, Visionary, Trial Director and Trial Max. The latter named programs have taken the "basics" (again, my interpretation) of these two "core" programs expanding upon their features and delivering the rock 'em, sock 'em, boffo presentations we've all come to love and, (for our clients at least) expect.

As fantastic as each of these advanced presentation programs are they come with a learning curve and, in a couple of cases, a hefty price tag.

So - let's look at the an alternative - something for those firms who don't need to rip through 16,000+ exhibits, photos and videos. (You know who you are).

What about the smaller case that has a few documents, some photos and maybe even a video deposition coupled with a budget that prohibits outsourcing at any cost?  

If you're a small firm (or even a paralegal in a moderate firm) I'm sure you've been exposed to and made use of PowerPoint at some time or another. If you've had the opportuniuty to study any of my previous posts you'll also note that in the wrong hands I firmly beleive that the mis-use (or over use) of elements of this program can be a real crowd snoozer.

So - what to do? Here's a terrific, affordable alternative for novice and PowerPoint sage alike: PowerPoint For Court created by award winning graphic design artist Herb Rubinstein.

 

Continue Reading...

Pecha Kucha : Only 6 Minutes to make your point!

Huh?

It's called "Pecha Kucha" (pronounced peh-chak-cha) . I discovered this globally-accepted presentation phenomenon in a terrific book entitled "PresentationZen - Simple Ideas on Presentation Design and Delivery" by Garr Reynolds.

In the past I've railed on the "Death by Powerpoint" that has unfortunately become the norm in almost all Powerpoint presentations from the classroom to the boardroom to the courtroom.

Pecha Kucha is a simple and challenging practice that I believe will hone your presentation skills and make for a better presentation (and presenter).

In the August 2007 issue of WIRED Magazine this "process" was simplified in an article entitled "Get to the Powerpoint in 20 Slides Then Sit the Hell Down". The concept is almost too simple (which is probably why you've never heard of it):

"pecha-kucha (Japanese for "chatter"), applies a simple set of rules to presentations: exactly 20 slides displayed for 20 seconds each. That's it. Say what you need to say in six minutes and 40 seconds of exquisitely matched words and images and then sit the hell down. The result, in the hands of masters of the form, combines business meeting and poetry slam to transform corporate cliché into surprisingly compelling beat-the-clock performance art. "

So what's this got to do with the courtroom? - Isn't it obvious? Read On!

Continue Reading...

Occam's Razor: When "Simple is Better"

Albert Einstein stated a principle in 1933 which is often paraphrased as "Theories should be as simple as possible, but no simpler." Occam's Razor is a similar principle of logic that can be summed up as "All other things being equal, the simplest solution is the best." Then there's the principle more people are probably familiar with: the KISS principle ("Keep It Simple, Stupid").

A better philosophy is, "If it's simple and works well, don't complicate it."

The key here is that it has to "work well."

I've been kept pretty busy the past few months (since October of last year!) with a continuous series of court presentations in and around Southern California, some  civil matters, some criminal cases and yet another in Federal Court and haven't given this blog the proper attention it needs.

The overriding message you'll be hearing me preach about for the next several months is how we accomplished success after success by keeping the message simple and to the point no matter how overwhelming the exhibit load.

In the next few "blogs" I'll be playing "catch up" and relating my first hand experiences with the technology and techniques that we've used in each of these presentations as well as  insight as to what worked well and how we "uncomplicated the complicated".

Our performance in court is always a continuing "work in progress" since every case presents its own set of challenges; we've had a 90 day run that tested our mettle in many situations and I've lived to tell about it - stay tuned; I'll try to not disappoint!

Video Depositions - The Visual Advantage

I recently had the opportunity to attend a CLVS (Certified Legal Video Specialists) seminar in St. Louis. This is an outstanding group of video professionals who are certified in the correct methodology of preserving a deposition into a video format.

If your firm uses depositions for later presentation in court and you're not utilizing video you're missing a powerful tool that can provide a compelling and psychological advantage to your argument.
If you do use video I'd strongly suggest that you use a certified  video specialist; they follow strict guidelines and are associated with the NCRA (National Court Reporters Association).

In the past few weeks there have been news reports on the sexual harassment lawsuit involving New York Knicks President and Coach Isiah Thomas.

The deposition of Thomas was videotaped and has been replayed in court (as well as the media) several times.
When is the last time you recall a deposition being "READ" over and over on a news program?
For impact on today's jury you need visuals.
Compare the dry, written transcript of his deposition with the visual dynamics of him actually speaking the words on camera.

I think you'll agree with the old saying that "a picture's worth a thousand words"; in this case the picture AND the transcript is a priceless combination - about 12 million dollars worth.

So - why aren't you utilizing this as a  tool in your legal arsenal?
It can't be cost - a Certified Videographer's fees aren't that expensive, so it must be fear of the unknown - and of perceived courtroom catastrophes.
With the right presentation skills and current software you shouldn't be adverse to using new technology.

In the next few blogs I'll review a few of the solutions that can help you overcome any reluctance you might have regarding using 21st century solutions to win your cases.

This week I'll start with YESLAW... Continue Reading...