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

Here's a little  "video deposition war story" I'd like to share with you:

A few weeks back we had videotaped a deposition for a rather high profile case. If you've ever been to a  correctly executed videotaped deposition then you're aware of the fact that there are several "fail safe safeguards" in play. For example, there are generally TWO video recording devices plus an additional cassette recorder that records the audio for use by the court reporter to quality control their transcript, as well as studio-quality microphones for each of the participants to provide crystal clear reproduction of every word, snort and sneeze that takes place during taping.

A few days ago we received a call from the court reporter saying that the opposing counsel accused her of changing a portion the transcript and demanded a correction. The court reporter re-read the portion and question, listened to the audiotape we supplied and politely explained that there wasn't an error.

"Not good enough! I'm taking blah, blah legal, yada, yada action" responded the opposing counsel. "This is an outrage! (And some other forgettable epithets).

So I got a call. "Can you check your video for "Page 46, Line 12" and see what the deponent is saying?" "Sure thing I replied, give me a nanosecond or so". (Well, it was actually a tad more than a nanosecond).... Anyway, I located the deposition, which had the audio synchronized to the text from the transcript as well as having the pages and line numbers indexed which makes finding anything a snap and located the segment in question. Within a minute or so of loading the CD I located the exact spot, exported the portion onto another CD and popped it into the mail to the opposing counsel. I could have as easily emailed it to her if  she had a secure email server.

Never heard a peep again from the opposing counsel, nary a peep! (Or an apology!)

And....That's how the pros do it!

Following is a blurb from our website  that reinforces the value of videotaping the spoken word:

Video For Depositions

See you next time!

Charles Perez - Trial Presentation Wizard Extraordinaire

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My last few blogs highlighted a couple of programs designed to assist the in-house counsel present their cases, unassisted, in a courtroom. I caught some flack for that from fellow presenters who thought I was shooting our industry in the foot.

I'm happy to report that my recommendation, at least on the local level, went unheeded.

Over the past few weeks I've had the opportunity to assist in multi-document as well as basic presentations. In the case of the multi-document case our services were there from the start, from scanning each exhibit to preparing the video depositions with synchronized text. The opposing counsel arrived with his "dog and pony show" as well, complete with his home DVD player and his PowerPoint presentation and a woefully inadequate projector. The case began, we opened first, all went well - easy peezy.

NOTE: To those of us in this industry who do this on a regular basis, this is not "Rocket Science". After all, we're the geeks you remember as the "Audio-Visual" guys in high school and college. The nerds with their heads buried in their computers. You know us -you pretended to hate us, but deep down you sat in awe of our abilities.

It's what we do. It's our calling.

When the opposing counsel's opportunity to open came up the results were somewhat predictable: dim projector (which needed to be focused), a "PowerPoint Read-a-Long" that put everyone to sleep and a errant DVD player. Right on cue something went amiss in the PowerPoint presentation. I couldn't see the screen because I was sitting back in my usual position but, I could tell by the "deer in the headlights" look of the opposing counsel that something was amiss. I love this part.. you know, when they have that look of hoping for divine intervention or that the jury would somehow overlook this fluke. But they really wanted to be anywhere but here.

My message here is - if you're not comfortable with the presentation  processes save you and your client the embarrassment   of appearing incompetent - do what you do best - be a lawyer - leave the fun stuff to us professionals!

PS- Let us slay your dragon! - I can be reached, toll-free at (800)261-7266 or, check out our web site at http://www.VRLegal.com!

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Quick Disclaimer: I was not, nor have been compensated in any way for this review.

I came across this extremely simple to operate presentation program about a month ago and finally got around to testing it out last week. Generally, with a new program I set aside a few hours to pick it apart and run it through its paces and explore where I may be able to incorporate it in a future presentation. Most of the programs I review have several options, a myriad a bells and whistles and along with a moderate (to steep learning curve to boot.

After trying ExhibitView last year I assumed that courtroom presentation programs couldn't get much easier, however, that was before I came across TrialFusion.

 

TrialFusion has one (and only one) function : to categorize, Bates Stamp (optional) and bar code your exhibit photos in about 4 easy steps and without the use of very few brain cells.

 

Once you've printed out your exhibit and put into your exhibit folder you're ready for court with a fail safe method for calling up any photo, in any order by either inputting the ID Number from your computer keyboard or (preferably) using a hand-held bar code scanner and projecting it to the jury.

That's basically "it". No other bells, no other whistles!

Just a simple, yet affordable, method to simplify an otherwise daunting task.

TrialFusion has a quick 3 minute overview of the program that you can watch by clicking here.

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OK- First - a short story: Often times I'll go into a law firm and discuss their upcoming cases and the best way that their exhibits should be displayed. Naturally, I'm hoping to leverage the skills of our presentation department together with our litigation assistance and our presentation rental facilities at VR Legal Resources. Typically, if we're brought in from the beginning, we'll design the presentation around my software program of choice "Visionary" since, in my opinion, it encompasses the best features of  CTSummation, Trial Director and Sanction which are all excellent programs in their own right but possess one commonality : a very steep learning curve.

While demonstrating our trial presentation prowess to a large firm here in Orange County I asked if they had ever considered using visual demonstratives other than PowerPoint  to simplify their presentation in court. One of the junior partners quipped "we have a program called Trial Director" and then he kind of trailed off.  "That's a terrific program" I replied, "how do you like it?" Cold silence followed. Finally, the same junior partner said "Well, we've never used it; we bought it and installed it but no one had the time to figure it out".

Moral of my short story: If you aren't using it, it isn't any good!

Last month I stumbled upon a new program called ExhibitView making bold and brash claims that it was "The most powerful presentation software..allows users to present with ease, using multiple integrated technologies,( yada, yada, yada). In my line of work you hear a lot of this so I watched their 2 minute video intro and downloaded a 30 day demo from their website and proceeded to pick it apart and see what all the ranting was about......

(Oh - Full Disclosure - let me add right here that my opinion is based solely on the trial version of the product.. I have not received any compensation for what I'm about to state.)

 

  Simply put: "WOW!"

  You've Gotta Try This!

 

If your firm has ever balked at using a software presentation program my advice is to go download ExhibitView and try it now. Granted, I have the advantage of working with several different programs in our line of work and I'd have to admit that I'm fairly well versed in the different applications they all have to offer - but - this is probably the easiest program I've ever used. Read the info on their website and see all of its impressive capabilities.

"Learning Curve"? This one is FLAT ; if you can work a word processing program and know the basics of "drag and drop" you're home free.

The program downloads all the tools you need to get started and then actually configures your computer to prepare it for your presentation; it really does support multiple integrated technologies - practically ANY document or image type as well as supporting an arsenal of audio and video formats.

The program is one of the most intuitive programs I've ever used - truly "Idiot Friendly" (and I mean that in a nice way) - I can safely say that you will not be overwhelmed with techno-babble, just concise, easy to understand, simple instructions. (Additionally they (ExhibitView) appears to have fast, online tech support however, I didn't have any issues so I didn't test that part out).

I imported a text synchronized video deposition created with another application (Visionary - but, it could just as well been from YesLaw , Trial Director, etc) and it imported seamlessly into the control pane. From there I discovered that I could easily "edit on the fly" the video if needed.

I then imported a variety of documents (PDFs, Excel Spreadsheets, Word Docs) and found that I could easily enlarge any portion of the document, create annotations (again "on the fly"), highlight and then print  them out. The same could be said for JPEGS, GIFS, BMPs or PNGs.

I didn't get the opportunity to see how many documents I could squeeze into a presentation, the most I've accomplished with Visionary is something in the 300,000 range, but I was told that the program could hold as much as a hard drive would allow and I don't see any reason to doubt that claim.

Obviously the other presentation programs all have their places - each has applications which may be similar or unique to a situation and each of them will have their "fans". They all have additional features that you may or may not need and all of the existing programs perform incredibly well - if you use them.

(NOTE: If you're happy and content with your exisitng solution by all means stick to the familiar, every program has its "comfort level" (even PowerPoint!) -but,  if you're technically challenged this is worth a try.)

For those of you who are still contemplating wading into the 21st Century but still reluctant to because of some old horror story you heard about some poor attorneys presentation "melting down" in front of the jury and the panic and woe that followed - GET OVER IT!

This is the program you should at least try. If you can't master ExhibitView  in 30 minutes give me a call so our firm can create your presentation for you!

To my fellow presenters: keep your eye on this program. In fact, go and download a trial copy and let me know what you think - I believe you'll be quite impressed but I'd like to get your thoughts and comparisons in the next few weeks and maybe revisit the topic.

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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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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...

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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.

 

Continue Reading...

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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!

Continue Reading...

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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!

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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...

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So we've explained the pitfalls and challenges of dealing with video images and what works and why.

Now we're going to tackle audio problems and challenges - a subject particularly near and dear to our audio engineer savant Eric Graf:

Yes, we are called Video Resources, but we "do audio" too. If you have an audio recording that needs to be clarified, we’re just the guys that you ought to bring it to. I’d like to tell you what to expect from us, and what you can do to make sure we can give you the results you want.

When dealing with an audio recording that’s hard to understand, the objective is to understand it. It’s not to make the thing a high- fidelity, professional-sounding recording, and usually that’s not possible anyway. Once we get it to where you can understand the conversation, we stop messing with it.

Often we will not be able to snag every word. 60% comprehensible is considered a big improvement over 10%.

If you read my lengthy tome about video, you no doubt remember my rant about the shenanigans on TV shows like CSI. It goes for audio too. To summarize: Much of the “technology” on those shows is more James Bond than LAPD. Do not judge a “real” clarification job by what you hear on those shows. Because frankly, they’re full of it.

What we CAN usually do is reduce background noise, background talking, foreground talking (sometimes), distortion, muffledness, and general unintelligibility. It really depends on a lot of factors.

Sometimes we can work wonders. Occasionally we can't work anything.

But we do have the tools and the expertise to do as much as can be done. Our microcassette player alone retails for $8000, and we often find that it delivers a huge improvement just because it plays so much better than everybody else's microcassette player.

Sometimes we’ll listen to a recording you’ve submitted and say “sorry, we can’t help you.” We like a good challenge, and we like making money while tackling a good challenge, but we aren’t going to waste your time or resources on a lost cause. Here’s how you can help reduce your chances of your cause being lost:

GET US THE ORIGINAL. PLEASE. WE BEG YOU.

Continue Reading...

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OK - in the previous blogisode my sidekick and ally in presentations Eric Graf exploded many of the make-believe antics that pass for science on those pop cop "CSI" - type soap operas that have the masses convinced that such visual alchemy truly exists.

One of the culprits that I feel has encouraged the feebs who write the CSI tripe is the DVR, or Digital Video Recorder. I've personally witnessed the growth of these machines over the past 5 or 6 years in the surveillance arena and have marveled at the promises made by the manufacturers that hawk them to their unsuspecting customers with the overt promise of the unit being capable of isolating an incident (and any suspect within the incident) and then enlarge said subjects facial features for police identification.

I've had the sad chore of bursting many a security manager's bubble when I point out the REAL limitations of their 32 camera, state of the art, real-time, internet accessable system. I no longer feel the need to let them rest their head on my shoulder anymore while gently rocking them and saying "There, there, it wasn't your fault".

Because, it is their fault. They should know better.

Here's why - Here's Eric's take on what we'll call "The Digital Myth":

Continue Reading...

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O.K. - forget I used the phrase "video ehancement" in the title. The proper (correct) phrase is "video clarification", but, thanks to all the "pop, quasi-realistic, CSI-Miami, CSI-Las Vegas, CSI-Ad Nauseum garbage" on television I figured you'd recognize the term "Enhancement" since that's the misnomer these fact-challenged programs lead you to believe companies (and underfunded police agencies) are capable of doing. (We'll discuss the sub-par "acting" of David Caruso at a later date).

For the next few "blogisodes" I'm turning over the site to my able bodied wing nut right hand man and audio/video engineer extraordinare Eric Graf  (who works with me at Video Resources, Inc. in the Video/Audio Forensics lab) to explain as simply as possible the why's and wherefore's of video and audio clarification and why it's important for you to know what will and, more importantly, what will not work for you. 

Here's Eric's Video Clarification Blog: (Enjoy!)

The following is a list of random factoids about video.  Hopefully there will be pearls of wisdom herein that will help us better serve you when you get some of that all-important footage that needs enhancing (oops! I mean clarification)..  Warning:  I tend to overuse parentheses (but I’m trying to improve).
 
First of all, you know those TV shows like CSI where they take grainy, blurry, little bitty digital video and enhance it until you can read the serial number on the bad guy’s cellphone as he throws it across the pitch-black parking lot? 

 Guess what ?. . . That’s fake.   (GASP!)  (Take a few moments to catch your breath and then continue reading once your vision returns to normal.. I know - it's a shock.)

Those shows are no more a reflection of real CSI science than James Bond is.  The writers who come up with stuff like that just need some convenient way for the good guys to crack the case, so they make up something silly that they think most viewers will buy.  And most viewers do.  Please don’t be one of them. 

Video doesn’t work like that.  We wish it did.

Continue Reading...

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I was preparing to dazzle you with a primer on the use of demonstrative exhibits in your presentation when I discovered an excellent article in the Georgia Injury Lawyer Blog written by  Richard W. Hendrix of the law firm Finch McCranie, LLP in Atlanta, Georgia.

The article is entitled "Closing Arguments: Trial Techniques for Serious Injury Cases" and attorney Hendrix covers a variety of well reasoned points.

But - since my focus is on graphic or visual presentation in the courtroom I was impressed by his paragraph covering the USE DEMONSTRATIVES AND TRIAL EXHIBITS wherin Mr. Hendrix states:

Continue Reading...

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I love my job!

I get to meet attorneys who have to perform “stand up” on a regular basis to an audience whose approval they seek with material that is about as exciting as a wet newspaper.

Tough crowds - boring topics. Yet still they show up for appearance after appearance before a captive group of poorly paid and sometimes angry critics - many of whom are striving to look interested in the schtick  the attorney's hawking.

When I’m consulted to prepare a presentation for a first- time client I begin by stressing that we need to play to the lowest common denominator in our "audience". The facts need to “speak for themselves in short order";  it’s like telling a joke – if you have to explain it, you’ve lost any impact as well as the impression you were striving for.

Good litigators are where they are because they possess the gift of verbal presentation – they are storytellers by necessity.  I create the graphic extension to their story, but I’m careful not to become the story. Their story must “flow” naturally – the graphic must “feel" like it “belongs to the story.”

Our company has the ability to create stunning visuals, flashy titles and mind-boggling animations. Our clients’ eyes beam at the simplest effect – like they’re watching “Star Wars” for the first time.

Luckily, common sense prevails as I reign in the cowboys and we simplify, simplify, simplify the message until we’re left with ”just the facts ma’am.”

Just because we can create it doesn’t mean it’s going to work; by this I mean it’s too easy to overwhelm the message with the medium. You don’t want your audience to be dazzled with the mechanics of the presentation and completely overlook the message.

So, let me offer a few basic pointers for you first-timers dealing with projected images:

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I was reading a great article published by Legal Times back in March 2004 entitled "Beyond the Flip Chart - How To Use The Latest CourtroomTechnology to Wow a Judge or Jury", by Mark David Wegener and Andrew Lazerow.  A particular paragraph early in the article struck me as prophetic as it related to a recent court incident I experienced at the Stanley Mosk Courthouse in downtown Los Angeles (the same courthouse used in the background of the TV series "Shark").

The article stated "The effective trial lawyer will continue to rely on the timeless tactics of credibility, emotional appeals, and logic. But in order to effectively persuade a jury, the trial lawyer must deliver the case themes and facts in a way that is consistent with how jurors process information in our high technology age.

Indeed, jurors have come to expect it. Even when the traditional flip chart or white board is large enough for a jury to actually read -in itself a rarity- the old techniques are simply not enough to keep a jury's (or a judge's) attention".

Well, this played right into our clients very own "Perry Mason moment" at the courthouse.

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More times then we'd like to admit we receive a video or audio tape at the Video Resources forensics department that is practically unviewable or unintelligible and we're asked to "clean it up", you know, like they do on the "CSI" television shows.

Unfortunately, since most, if not all of what is seen on "CSI", "Las Vegas" and "Crossing Jordan" is techno-BS we have to inform the customer that we can only do so much - basic laws of physics govern our services rather than imagined, non-existent, special effects.

That's not to say that we can't improve on the evidence, but, alas, we cannot work miracles.

For those cases that we can help with we generally advise on the best method to present the media - possibly a self-amplifed audio system to fill the room with clear sound, for instance.

So it was refreshing to read a post by Judge Christina Habbas of Colorado entitled "Don't Be Tempted To Use Technology Unless It Makes Your Presentation Clear" wherein Judge Habbas advises:

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Everybody knows what a PowerPoint presentation is - right? Both of my daughters were taught the basics of presenting in PowerPoint in 6th grade and were required to use it for science and history projects in high school.

The fact is, I'd say it's safe to assume that almost everyone has seen at least one PowerPoint presentation - former Vice-President Al Gore re-emereged into the public consciousness with his award winning documentary "An Inconvenient Truth"  which is really only a PowerPoint presentation on film.

Now, let's assume you've become quite comfortable with PowerPoint and it's your first line of presentation in your practice.

So...what's the problem?

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Presenting your message effectively in court is any litigators ultimate goal whether your presentation is in front of a jury or only in the presence of a judge. With the technology today it is easy to become sidetracked by the medium presenting your message.

My advice to our clients is "Less is More"; although we can provide the audio and visual tools to promote your argument it isn't always necessary to overwhelm the court with a production worthy of MTV.

I was recently reminded of this at a seminar presented by Lorman Education Services entitled "Litigation Skills for Legal Staff". One of the attorneys presenting was Michael A. Geibelson, a partner at the Los Angeles offices of Robins,Kaplan,Miller & Ciresi L.L.P.  

 Attorney Geibelson advised:

 

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In the past few years you couldn't have helped but notice that things are changing in the courtroom. In 1996   the public got a glimpse of a (then) state-of -the-art courtroom presentation of the nationally televised trial of  OJ Simpson.  As I recall the only visuals provided were crime scene photos, a few timeoline graphs and several DNA-related drawings. Laptops were at the disposal of the attorneys and Barry Scheck made the most of an overhead projector.

More and more often in todays court an average jury will be made up of a majority of people who are visual learners. That is, they will want, at a deep psychological level, to have information presented to them visually. The majority of the public are quite comfortable getting their information via a "talking head" or through a demonstrative exhibit. 

Most jury psychologists, including Amy Singer, believe that people learn much more through seeing and hearing rather than from hearing alone.  The use of demonstrative evidence usually grabs the jury's attention and often has them sitting at the edge of their seats when things like models and objects are being shown.

Unfortunately, most litigators are auditory learners who prefer to teach orally.

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