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

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!

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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......

With the PaperShow program you can also import images or PowerPoint slides and then annotate the slides or diagrams or photos "on the fly" and save them once you've made your notes.

This is accomplished by printing out the images/slides onto special 8 1/2 x 11 inch paper that has a corresponding grid printed on it; your image is printed onto the grid and you now have a guide to work with as make diagrams on it which is replicated on the computer screen (or Plasma screen in the court room).

After annotating a presentation or conducting a whiteboard session, Papershow allows you to save all of the notes as a PDF, and then print or e-mail them to anyone you would like.

Again, the cost is an affordable $199.00 (USD) and the "special paper" needed to make the process work is equally affordable at$19.98 for 200 sheets of printer paper, $19.98 for large, conference-room sized brainstorming pad (size A3) and $12.98 for small brainstorming pad (size A4) .

This is a "Must Have" in your presentation arsenal!

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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:

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:

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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