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

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.

At just $149.00 PowerPoint for Court isn't a lightweight entry by any means. In Herb Rubinsstein's own words: "Just about everyone is familiar with PowerPoint and it is eminently capable of displaying absolutely anything. So why go out and look for Legal Presentation programs that can cost a lot of money and take hours of valuable time to learn when you already have the perfect software package?

The answer is Don’t!

Using PowerPoint for Court and the software and material found on the Resource CD, you will be on the cutting edge of Courtroom Presentation Technology and will have the winning edge over the opposing side."

Personally, I think this would be $149.00 well spent for any law firm. The whole package comes on one CD and is chock full of useful apps as well as extremely useful advice not only on PowerPoint but also on audio recording, embedding video and courtroom technique.

Herb claims his motivation for creating the program was due to his involvement working with law firms who just didn't grasp the mechanics of PowerPoint or else lacked any expertise (or motivation) in exploiting its true potential.

Check out his web site: www.PowerPointForCourt.com - all the info is there and I'm beginning to sound like an infomercial for the product so I'll let you read up on the particulars for yourself. This is a "must have" for every firm (or at least the poor paralegal tasked with creating the court room presentation).

One final point: I haven't been compensated in any way for this; I enjoy using programs that simplify  the argument with clarity and accuracy and anything that will make your presentation a success is my goal!

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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:

"Every good trial lawyer knows that a jury remembers best that which they both hear and see" which has been my mantra for the past several weeks. (Good to see that others are in agreement!) 

He goes on to say: "Accordingly, demonstrative exhibits should always be used during closing argument. Sometimes demonstrative exhibits are necessary in order to emphasize a point about liability. Sometimes they are used to emphasize principles of law.
Effective demonstratives can also be used to discuss damages. A good closing argument might use demonstratives in all of these areas. In short, a well prepared demonstrative exhibit will assist counsel in making his point while at the same time assisting the jury in remembering it.
Of course, in addition to using demonstrative exhibits, actual trial exhibits should be shown to the jury just as a demonstrative exhibit would be shown. If a particular exhibit is important, the exhibit should be referred to by number and shown to the jury and its importance to the case should be discussed. An actual trial exhibit (blown up) can be used as a demonstrative exhibit in this fashion where counsel uses the exhibit to demonstrate to the jury why it is that the evidence supports his client’s contentions on any contested issue in the case. "

To sum up - think visual when you're preparing your presentation - design for clarity.

My favorite statement by Mr.Hendix is actually his opening line for the article: "You must close your summation with confidence and with an ending appropriate to the tone of the case that will have the desired impact. Once you have concluded, sit down with an air of confidence that you have clearly won your case."

Gotta love it!

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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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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.

Although this is quite natural for them it isn't always the most effective form of communicating an argument or building a foundation.

The problem created when these two groups communicate with one another is easily appreciated: Litigators feel effective by "saying it" and most jurors would rather "see it."

Today's courtroom has the potential for so much gadgetry and wizardry the American Bar Association has created a webpage to address the available technology entitled "(the) Legal Technology Resource Center".  The Federal Judicial Center has also weighed in with the publication of "Effective Use of Courtroom Technology: A Judges Guide to Pretrial and Trial".

My mission is  to assist you, the litigator by assisting you to make an informed decision as to what may or may not be applicable to a case you're presenting when you're considering adding  "Ooh and Ahh" visuals to bolster your argument.

Sometimes you need to take a deep breath and rethink your options and look at the bigger picture - and we're here to help.

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