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

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:

1.  Hone your message to complement your visual(s) . Your graphic should make a statement that needs a minimum of explanation - it may be necessary to build your images as you speak, if so, try to make an even, yet noticeable  transition between views.

2. Practice your delivery in front of a 7th or 8th grader. Do they understand  your message?  Seriously, if they can't figure out what your saying why would you expect a juror to grasp your message?

3. Set up your presentation quickly and quietly. We typically set up right before the trial begins or during a break.  We’ve got the process down to about 10-12 minutes. Everything is done at a matter-of-fact pace with very little conversation. The key, I think, is to make the presentation look as much like an “everyday event” as possible.

4.  Before launching into your spellbinding visual presentation, practice a little NLP (Neuro Linguistic Programming).  Explain to the "audience"  what you’re going to present – prepare their minds for the presentation - briefly explain the purpose of the image(s) you’re about to present. (Set the stage). Don’t make a big production about it – remember, this is an extension of your story – the illustrated part.

5. Keep the graphics conservative. I can’t stress this enough. You’re not going for an Academy Award – you’re trying to make a point.   

6. Don’t read your screen to the "audience" – they can do that for themselves. Instead qualify why this graphic is important – reinforce the message with “Triggers”; short phrases that relate to the graphic so it creates a memorable impact.

7. Present to your "audience", not to the screen. Make the story flow. Be sure to practice with your presenter so that the story remains seamless and natural.

8. Don’t be a “drama queen.”  (You know who you are.) Let the TV lawyers do that.

9. Respect your audience. Speak to them, not at them. You'll know you're in trouble when they start squirming and looking at their watches. (Glazed expressions are another sure-fire hint).

10.  Keep the graphic that makes your point up as long as possible – let the visual reinforce the verbal - you’ve now associated an image with a verbal description - remember - give it a name, a “trigger” or "anchor" that will bring that graphic to mind the next time you need to refer to the subject.

11. Don’t overload the "audience" with images or data.  Tell your story with simple images – simple but to the point. Let them absorb the information in bite sizes (or chunks)  rather than big gulps.

11. Finally - if you're new at this and your message is every bit as effective on a white board, be safe - go with the white board.  Continue honing your storytelling skill until the story becomes (literally) unimaginable, then -  that's your cue to give me a call!

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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:

"Beware of playing tape recordings for a jury. Criminal cases often include audio- or video-taped interviews. Many times, these recordings are not clear – either because of the quality of sound, the presence of static or interference, or even the size of the courtroom making listening difficult. I am watching a capable prosecutor try to punctuate his Closing Argument in a Sexual Assault on a Child case by playing portions of the Defendant’s audio-taped statement, using his own words against him. My courtroom is a large cave – sound is often muffled and unintelligible. The prosecutor is frustrated in his playing of the tape, although he has taken great care to transfer the portions of the statement to his computer. Unfortunately, the speakers, the corruption of the sound recording, and the size of the courtroom have made it impossible for the jury to hear clearly, thus having little impact. Perhaps the prosecutor should have simply read a transcript of the Defendant’s words to the jury to illustrate his point.

Contrast this with the very end of a Closing Argument in another Assault case a few weeks ago: there, one of the victims was video-taped during her review of a photo array of potential suspects. As she looked at each photograph, she took her time, and placed each photo on the desk when she did not recognize the person. That is, until she saw the Defendant’s photograph. Her reaction was immediate and extreme. The prosecutor ended her Closing Argument by replaying only those last seconds of the video – without comment. The strength of that presentation left a major impact on the jury.

Moral: Don’t be tempted to use technology – ANY technology -- unless it makes your presentation clear."

At the Video Resources Litigation Assistance Division we've witnessed the same response countless times with sychchronized text with video testimony - you can't capture the body language, the voice inflections or the facial expressions by "reading to your audience".

There's no substitute for actually letting them hear or see the testimony firsthand.

But please, do it right!

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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:

"Even in very complex, high stakes cases, it often makes sense sense to do things in-house as simple graphics often convey a message better than more complex ones. Complex, overly-professional graphics can send the wrong message, i.e. that a particular side is too well funded, or that you're trying to pull one over on the jury. In light of these concerns, the trial lawyer may choose to do nothing more sophisticated for a graphics presentation than stand in front of a large tablet with a wide, black or red or green) marker." 

So, even when all the technical "goodies" are available to make your argument I will generally advise you to adhere to the "KISS" approach to your  presentation (Keep It Simple Stupid) as opposed to the heavy-metal rock band K.I.S.S. production.

Writing a blog in (The) Trial Lawyer Resource Center   from October 2006 entitled "Heighten Juror's Interest with Demonstrative Exhibits", author  David Swanner advises that " in most cases, you have at least one demonstrative exhibit that will will shock or wow the jury. A common mistake is to overexpose that picture to the jury, thereby desensitizing them to it.

Another way to do that it to put a black border tape around all of your foam core exhibits. Except for he one exhibit. Put red border tape around that exhibit. When your foam core boards are leaning up against the wall, the jury will see that they all have black border tape except for the one. That will heighten their curiosity in seeing that exhibit.

After they have seen the exhibit and the boards are leaning up against the wall, they will notice the red border standing out among the black borders and it will remind them of the exhibit without even seeing the picture."

Simple, yet effective - you know, "K.I.S.S."

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As the name implies, Video Resources, Inc is a powerhouse of creative talent capable of producing everything from corporate educational  videos, television advertising, radio spots and product rollouts.

The Litigation Support Division at Video Resources, Inc offers a variety of professional  litigation support services

including:

• Video Depositions / Synchronizing video and audio recordings with written transcripts
• "Day in the Life" Videos
• "Visionary Litigation Software" support

• Creation of digital video and audio clips for computerized presentations

• Video Resources, Inc. is a complete, in-house video production facility. Our talented editors can hone your videos to maintain focus on the important aspects of your case.

• Video Formats Available – DVCAM, MiniDV, HDV, Betacam-SP, DVD-Video, Video CD, VHS, SVHS, MPEG, WMV, Quicktime, Digital Hi8.

• Playback of Betamax, 8mm, Hi-8, Digital 8, DVCPRO, DVHS, Digital Betacam, ¾” Umatic, LaserDisc. Other formats can be procured quickly from our network of equipment suppliers.

• Photographs Taken from Video - Creation of still prints from video

• Duplication and Editing - Duplication of video depositions and other video recordings. Editing depositions for use at trial, arbitration, mediation, and settlement conferences

• Transfer of video footage to VHS, CD-ROM, DVD-Data and DVD Video

• .Audio Dubbing - Standard, Microcassette, Minicassette

• Video and Audio Clarification (Enhancement)

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