Trial Presentation Blog : Courtroom Presentation, Litigation Software : Charles Perez : Trial Presentation Blog

We perform a variety of legally oriented services her at VR Legal Resources; everything from scanning and Bates Stamping exhibits to preparing and presenting exhibits and demonstratives in court, and, from time to time, we're called upon to videotape a deposition.

We're fortunate to have professional relationships with many of the top law firms in the Los Angeles / Orange County area and a few of these firms handle some of the more popular cases you hear about on television or read about on celebrity web sites.

Being "ringside" during these sometimes intense encounters and watching the verbal jousting that takes place is what keeps me passionate about my career in litigation services, that, and the fact that I'm entrusted with "behind the scenes" information that ethics dictate that I keep confidential.

A few weeks ago I had the good fortune to videotape a young, well known celebrity.

During my initial introduction I always make it clear that "I don't have a dog in this fight" and that I'm simply there to record  the event and I try to keep my interaction as friendly and professional as possible.

This particular actor smiled, shook my extended hand and in a joking voice asked "This isn't going to appear on TMZ or YouTube is it?" to which I replied "Of course not!" and then I adjusted his microphone and we got about the business at hand - the video taping of his day-long deposition.

 I'm a "Certified Legal Video Specialist" which basically means I'm certified in the proper use of taping such goings on and adhere to a strict code of ethics which dictates the handling of sensitive issues, professionalism, etc,etc.

To date there are 76 NCRA "Standards" (National Court Reporters Association - they oversee us videographers) that I've agreed to abide by.

NCRA Standard # 73 states "The videographer shall preserve the confidentiality of the deposition and take whatever steps necessary to ensure this confidentiality".

Seems pretty straightforward. We don't release our videotapes willy-nilly to just anyone, nor, have we ever been approached to do so and we've never really concerned ourselves with the matter.

Well - right on cue I receive an offer from the Merrill Corporation to download this White Paper entitled : "Is That Me On YouTube? Ground Rules for Access, Use and Sharing of Digital Depositions"

This an eleven page, highly referenced,  thoughtfully produced guide authored and compiled by Bruce Wessel and Wayne A. Hill, Jr. designed for any law firm that hasn't established a "Best Practices"  policy for the proper  handling of depositions. And, apparently for good reason.

Imagine if you're this fellow and you just stumbled onto your video deposition that was taken 2002:

 "Can they do this?" you ask... obviously "They" can.. and "They" did.  Probably legally  too - depending on.... well.......

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Well.... this is a bit awkward...

Anyone who follows my sporadic missives on this site is aware that I don't follow a "plan" that looks anywhere near to being a road map for blogging success. That being said, I am pleased to state that this blog has contributed to the growth of our litigation support services as well as the various forensic services we offer.

However.. I still don't follow "a plan", and, consequently the blog topics are very often "hit and miss" as far as being published in a timely manner.

Well, that might be about to change. (Time will tell!)

• At the beginning of last month I was approached (along with virtually every other legal blogger in the universe) by Ms. Paula Black of Paula Black and Associates who was about to promote her new marketing guide for law firms entitled "The Little Black Book, a Lawyer's Guide to Creating a Marketing Habit in 21 Days".

I graciously accepted my free review copy and promised to make an effort to write a review of its contents by the June 16th launch date.. which was.. ummm.. about three weeks ago. (Note: I said "make an effort".., oh well.)

The book launched without any support from yours truly and immediately (within about three days or so) shot up to #5 on Amazon's best seller list.

I received a personal "Thank You" in the mail (together with a spiffy little gift) from Paula thanking me for helping make the launch a success which only added to my feeling unworthy and reinforcing my lacking any sense of direction. Along with the gift was what I would describe as an impressive "Branding, Marketing and Promotional" piece for Paula and her firm. If you know anything about my personal background you know that my first fifteen or so professional years were spent working for and around public relations firms and advertising agencies so I was pleasantly surprised at the professional presentation (and impression) that Ms. Black made with the follow-up to me.

Long story short.. I was (literally) shamed into reading her material and am very glad that her "unintentional prompt" (or shove) made me allocate time to read its contents cover to cover.

This excellent guide lays out a specific, easy to follow, no excuses permitted, blueprint for the solo practitioner and the multi-partner law firm alike.

So impressed am I by the ease of implementing the suggestions that my personal plan is to utilize the points within our own litigation support sales team since the message can be equally (and successfully) applied to other legally oriented services besides the intended audience.

A partial list of the info includes topics on:

• How to develop your marketing habit in just 21 Days.
• The value of nurturing client relationships with small gestures.
• Secrets to building a referral base.
• How to set marketing goals you can realistically achieve.
• Where you need to focus your marketing efforts to get the most impact.
• How to make marketing sense of clubs and organizations.
• The importance of creating an individual marketing plan.
• Pearls of Wisdom from veteran attorneys.
• The best way to create and package your marketing materials.
• Rules for turning your attorney bio into a marketing tool.
• Smart tips for marketing within your firm.
• Tips to evaluate and improve your client service.

It's all great stuff and worth a few minutes of your time to explore, especially if you don't have enough time in your day!

So, I'm personally putting the plan into effect and will writing with a lot more regularity in the future! (Or so my current thought process goes - hopefully I'll be back before the 21 days I'm allowing to create my new habits! ).

See you soon(er)!

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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 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 !)

“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:

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

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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!)

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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......

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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..... 

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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.

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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.

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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!

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