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

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!

Honing your message for your jury is probably the biggest challenge any attorney faces today.

If you feel you're pretty proficient in the use of Powerpoint in the court - you know - you're the "go to guy" (or gal) to put the "slides" together - then this can be an ultimate challenge to your talents.

Me, I can't tell a simple story - seriously. (Don't look so surprised!)

Anyone who works with me or around me will vouch for that statement. My stories or explanations go into deep detail; I'm a lot like listening to a Charles Dickens novel - you know, rich in minutae (or manure... depending on the audience).

I'll never be accused as being at a loss for words, but, I've been bested many a time by an attorney who makes me look like a glib simpleton by comparison - I've been awestruck by the speed at which they've been able to get the eyes of jurors to "glaze over" within seconds of launching into their presentation. That takes practice. It must. Somewhere there has to be an unwritten law that dictates that some attorneys (unintentionally) inflict "Brain Freeze" on a jury in the course of an argument.

Powerpoint in the wrong hands is a lethal weapon - it can bore your brains out of your audience and confuse or lose your message. I've seen it - you've seen it. Heck, it's pretty hard NOT to see it.

Try your presentation out on "Fresh Eyes".

Why not work, creatively - either with others or within your organization - to eliminate this menace? Why continue to use the same tired formula when a fresher, simpler approach may be within reach?

Here's an idea:

The creative forces behind the Pecha Kucha concept spawned Pecha Kucha Night in cities around the world.

Their web site,PechuKucha.org,  offers this explanation for the monthly event:

Pecha Kucha Night, devised by Astrid Klein and Mark Dytham (Klein Dytham architecture), was conceived in 2003 as a place for young designers to meet, network, and show their work in public.

But as we all know, give a mike to a designer (especially an architect) and you’ll be trapped for hours. The key to Pecha Kucha Night is its patented system for avoiding this fate. Each presenter is allowed 20 images, each shown for 20 seconds each – giving 6 minutes 40 seconds of fame before the next presenter is up. This keeps presentations concise, the interest level up, and gives more people the chance to show.

What? No Pecha Kucha Night in your area? 

Why let that stop you from utilizing the simple concept? Hone your skills - streamline your argument - practice with some abstract ideas - practice with your current case.

At the risk of beating an old cliche further into the ground:"Think outside the (blue) box".

Imagine creating a persuasive argument that is easily followed and understood under seven minutes.

What? You can't? Neither can I.   But it's worth a try, isn't it?  What have you got to lose?

Your Case?

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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...

So - what is YesLaw?

To quote from their website: " YesVideo provides a service for converting deposition videotapes onto CD, synchronizing them with the transcript, and delivering them with YesLaw software. This software allows attorneys to easily review deposition footage, find key segments, then create and export clips for use in trial presentation programs like Sanction®. Rather than focus on technology, the focus is on making law firms more successful in their use of video."

OK - well, that pretty much sums it up. I could go on for another few paragraphs but I'd be saying essentially, the same thing.

Used on a PC the program allows the viewer to search for pertinent testimony, locate the corresponding video and audio and then save it into a variety of existing software programs, like Sanction, Livenote, and, of course,  Powerpoint.

In my opinion this is a great way to bring video into your firm; it's not rocket science and they've created a platform that is easily understood by almost everyone. The YesLaw viewer doesn't take any programming skills on the part of your staff - if they can load a CD they can load a synchronized text video deposition.

How do you get your video into the YesLaw format ?
SIMPLE - almost all Certified Legal  Video Specialists have access to the service, just specify it when you set up your next deposition.
If you already have the video and the text in a file format you can go to the YesLaw website and locate an out fit (like Video Resources, Inc.) who will handle the conversion for you.

The conversion fee isn't expensive at all and the overall savings to your firm will outweigh the investment.

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A quick entry for you kind readers this week.. based on an all too true and all too common fear of technology in the courtroom.

Not long ago we had a client ask us to produce a DVD for a court presentation of an expert witness' deposition; a "No-Brainer" around here at Video Resources, but, this was a new, unexplored frontier for the client. We had been given the orignial taped depo on a Monday (it had been taken on the previous Friday) and we were asked to redact a series of comments that the Defense had objected to prior to viewing by the jury on the following day, Tuesday . Again - this is a "No-Brainer" over here but was viewed as no less than "Black Magic" by our client.

The following morning the client took possession of her precious DVD and headed off to a day of battle at the Central Courthouse here in Orange County, CA. We had taken the time to "QC" the DVD (Quality Control review) before delivery and it had passed muster. 

All was good. The Universe was in harmony - life was "in balance".

This was going to be a "first" for our attorney - she wanted to make sure everything ran flawlessly and I had assured her that all she had to do was pop this little disk into the court's DVD player and push the "ON' button - a "No Brainer" indeed.

We got the panicked call just before the jury was about to take a quick break.

SOMETHING WAS WRONG WITH THE DVD!     It was playing in black and white rather than billiant color!  Oh my God! Oh My God!.. or words to that effect.

Eric, my steadfast sidekick and fellow techno-geek,  took the call. I was out tending to something completely unrelated (probably having lunch or something.. hard to tell), and when I returned to the office I was confronted by Eric who calmly announced: "We're Needed.... NOW".

He went on to explain in a very matter-of-fact tone to me of the plight and panic of our floundering attorney. He had assured her we would be right over and for her NOT TO PANIC, "everything would be just fine", probably in the same tone of voice of many an airline pilot who just had all the red warning lights flash on in the cockpit. Reassuring, yet....

We quickly put together a back-up DVD system and amplified sound system - a little overkill,yes, but, hey, it's part of the job  (we rent EVERYTHING you could possibly need for a presentation of ANY size) and we included, for good measure, an array of cables and plugs in the event that the culprit may just be a faulty wire. I'm sure with a little more time we could have crammed a 50 inch plasma screen into the mix.

Remember the nerds in grade school and high school who ran the projectors for the class events? Well, some of them grow up and become "Techies" who go about setting up all manner of presentation equipment at courthouses.  That's not true. Fact is, ALL of them grow up to be "Techies" of one sort or another.

Maybe "Grow up" is too strong a term. "Evolve" sounds better, doesn't it? - let's use that.

But I digress... Anyway, just like in school days past, we're the bespeckled, albeit balding, "evolved" nerds that rush to the rescue when all things technical go up in smoke. We'd wear capes if we thought we could get away with it.

Eric and I arrived at the courthouse in record time and, had it not been for the Deputy Sheriff's taking an interest in our electronics we probably would have made to the courtroom about 15 minutes sooner than we did.  FYI: Sheriff deputies are "closet nerds" - this is a scientific fact. Show them a gadget, especially if you're in a hurry, and they'll insist on knowing:

• a)  what it is,
• b)  how do you use it, and
• c)  where can they get one - cheap?

We made it to the Ninth floor of the Santa Ana Courthouse and eventually found the right courtroom (our attorney neglected to give us the right room number so I was popping my head into a variety of those little observation windows attempting to recognize the back of our attorney's head without drawing undo attention from within the courtroom).

The bailiff spotted me first. He pushed through the double doors of the courtroom, preventing me from signaling our attorney and he escorted me back into the hall. He explained that he could bring the equipment into the hall where we could perform our Black Arts and get the faulty DVD to play correctly.

Problem was... alas, the DVD was missing from the player. (A major obstacle, not uncommon when everything goes awry).

Our attorney came out and announced that the DVD (for whatever reason) was left on the Plaintiff's table - smack dab in front of the jury - and someone needed to quietly go in and retreive it. We unanimously nominated the bailiff who rose to the occasion and disappeared into the courtroom trying to look as unobtrusive as a six foot two bailiff possibly could.

Meanwhile, we did what we nerds do best, we fiddled with every button on the machine that we could. All five of them.

About 15 seconds into the exercise Eric discovered that a cable had been connected to the wrong connector on the back of the DVD player. With a slightly audible chuckle he plugged the cable into the correct receptacle and I gave him an approving pat on the head - he usually gets a cookie - but, we were in public. The cookie would have to wait.  Eric frowned.

We inserted the newly recovered DVD, flipped a switch and basked in the warm glow of a color image!  Mission accomplished! Another video crisis averted! Life was once again GOOD! We threw our imaginary capes over our shoulders and prepared to pick up the 20 or so tools that fell out of our toolbelts and were scattered about the floor.  Eric found a pocket protector that he was sure he had lost. I found a copper penny stuck to some gum on the floor.  It was a good day to be alive!

Needless to say, the bailiff was humbled. You see, it was he, the closet nerd, who plugged the cable into the incorrect connector. Our DVD was fine, after all, because it was a "No-Brainer" remember?  Eric gave the bailiff a quick lesson on the nomenclature of the courtroom DVD player, carefully explaining all four sockets to him and their proper function. He included a little crib sheet for the deputy to refer to as well. The bailiff was grateful and apologized profusely for having us rush to the courthouse only to switch a little, itty-bitty cable into the correct socket.  Then he asked if we knew where he could get a good DVD player - cheap.

The look of relief on our attorneys face was priceless! (Something we live for!) The day was saved, her reputation was intact, and everything was fine - just as Eric had promised! (As if there were ever any doubt of the outcome!)

Now, my point here is to show you that sometimes there is an extremely painfully simple explanation for things going awry, especially if you're out of your element. You are attorneys, or paralegals, and your "focus"  once in the courtroom is elsewhere (as it should be), but, folks, much of this is not "Rocket Science". If you can master a Blackberry (or an iPhone) chances are you can handle the "No-Brainers" as well.

When the stuff hits the fan don't panic..if you're using a professional team to create your presentation chances are that all of the big, potential problems have been solved. Take a few deep breathes, stand back and assess the situation; if you're uncomfortable in a high tech environment spend a few bucks to ensure a successful, memorable court presentation. That's why they created nerds - to make you look good!

Don't you owe that to your client?

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