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

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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We perform a variety of legally oriented services her at VR Legal Resources; everything from scanning and Bates Stamping exhibits to preparing and presenting exhibits and demonstratives in court, and, from time to time, we're called upon to videotape a deposition.

We're fortunate to have professional relationships with many of the top law firms in the Los Angeles / Orange County area and a few of these firms handle some of the more popular cases you hear about on television or read about on celebrity web sites.

Being "ringside" during these sometimes intense encounters and watching the verbal jousting that takes place is what keeps me passionate about my career in litigation services, that, and the fact that I'm entrusted with "behind the scenes" information that ethics dictate that I keep confidential.

A few weeks ago I had the good fortune to videotape a young, well known celebrity.

During my initial introduction I always make it clear that "I don't have a dog in this fight" and that I'm simply there to record  the event and I try to keep my interaction as friendly and professional as possible.

This particular actor smiled, shook my extended hand and in a joking voice asked "This isn't going to appear on TMZ or YouTube is it?" to which I replied "Of course not!" and then I adjusted his microphone and we got about the business at hand - the video taping of his day-long deposition.

 I'm a "Certified Legal Video Specialist" which basically means I'm certified in the proper use of taping such goings on and adhere to a strict code of ethics which dictates the handling of sensitive issues, professionalism, etc,etc.

To date there are 76 NCRA "Standards" (National Court Reporters Association - they oversee us videographers) that I've agreed to abide by.

NCRA Standard # 73 states "The videographer shall preserve the confidentiality of the deposition and take whatever steps necessary to ensure this confidentiality".

Seems pretty straightforward. We don't release our videotapes willy-nilly to just anyone, nor, have we ever been approached to do so and we've never really concerned ourselves with the matter.

Well - right on cue I receive an offer from the Merrill Corporation to download this White Paper entitled : "Is That Me On YouTube? Ground Rules for Access, Use and Sharing of Digital Depositions"

This an eleven page, highly referenced,  thoughtfully produced guide authored and compiled by Bruce Wessel and Wayne A. Hill, Jr. designed for any law firm that hasn't established a "Best Practices"  policy for the proper  handling of depositions. And, apparently for good reason.

Imagine if you're this fellow and you just stumbled onto your video deposition that was taken 2002:

 "Can they do this?" you ask... obviously "They" can.. and "They" did.  Probably legally  too - depending on.... well.......

The White Paper addresses a variety of situations that would allow a deposition (transcript) or a video deposition to be accessed by anyone (yep) based upon local and Federal statutes and is quite the eye-opener for those of us in the "trenches".

Topics covered in the paper include:

• Who owns deposition transcripts and video?
• Who has the right to access them?
• What laws govern their use?
• Do protective orders work to protect the witness?

Additionally, let's say the matter never goes to trial but the official transcript is filed with the court, what then?

Download the White Paper, read it thoroughly and and start re-thinking your firms Best Practice procedures for handling, storing and sharing your depositions.

Now, for my part I focused on California law, specifically CCP 2025.570 which is entitled: Furnishing of copies of transcript or recording by deposition officer; Charge; Notice to parties of right to seek protective or; Applicability of section

(a) Notwithstanding subdivision (b) of Section 2025.320, unless the court issues an order to the contrary, a copy of the transcript of the deposition testimony made by,  at the direction of, any party, or an audio or video recording of the deposition testimony, if still in the possession of the deposition officer, shall be made available by the deposition officer to any person requesting a copy, on payment of a reasonable charge  set by the deposition officer.

(b) If a copy is requested from the deposition officer, the deposition officer shall mail a notice to all parties attending the deposition and to the deponent at the deponent's last known address advising them of all of the following

1. The copy is being sought
2. The name of the person requesting the copy
3. The right to seek a protective order under Section 2025.420

(c) If a protective order is not served on the deposition officer within 30 days of mailing of the notice, the deposition officer shall make the copy available to the person requesting the copy.

So, in hindsight, under the right conditions the young celebrity's video deposition could have made it onto TMZ or YouTube.

So now I know and, so do you.

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Well.... this is a bit awkward...

Anyone who follows my sporadic missives on this site is aware that I don't follow a "plan" that looks anywhere near to being a road map for blogging success. That being said, I am pleased to state that this blog has contributed to the growth of our litigation support services as well as the various forensic services we offer.

However.. I still don't follow "a plan", and, consequently the blog topics are very often "hit and miss" as far as being published in a timely manner.

Well, that might be about to change. (Time will tell!)

• At the beginning of last month I was approached (along with virtually every other legal blogger in the universe) by Ms. Paula Black of Paula Black and Associates who was about to promote her new marketing guide for law firms entitled "The Little Black Book, a Lawyer's Guide to Creating a Marketing Habit in 21 Days".

I graciously accepted my free review copy and promised to make an effort to write a review of its contents by the June 16th launch date.. which was.. ummm.. about three weeks ago. (Note: I said "make an effort".., oh well.)

The book launched without any support from yours truly and immediately (within about three days or so) shot up to #5 on Amazon's best seller list.

I received a personal "Thank You" in the mail (together with a spiffy little gift) from Paula thanking me for helping make the launch a success which only added to my feeling unworthy and reinforcing my lacking any sense of direction. Along with the gift was what I would describe as an impressive "Branding, Marketing and Promotional" piece for Paula and her firm. If you know anything about my personal background you know that my first fifteen or so professional years were spent working for and around public relations firms and advertising agencies so I was pleasantly surprised at the professional presentation (and impression) that Ms. Black made with the follow-up to me.

Long story short.. I was (literally) shamed into reading her material and am very glad that her "unintentional prompt" (or shove) made me allocate time to read its contents cover to cover.

This excellent guide lays out a specific, easy to follow, no excuses permitted, blueprint for the solo practitioner and the multi-partner law firm alike.

So impressed am I by the ease of implementing the suggestions that my personal plan is to utilize the points within our own litigation support sales team since the message can be equally (and successfully) applied to other legally oriented services besides the intended audience.

A partial list of the info includes topics on:

• How to develop your marketing habit in just 21 Days.
• The value of nurturing client relationships with small gestures.
• Secrets to building a referral base.
• How to set marketing goals you can realistically achieve.
• Where you need to focus your marketing efforts to get the most impact.
• How to make marketing sense of clubs and organizations.
• The importance of creating an individual marketing plan.
• Pearls of Wisdom from veteran attorneys.
• The best way to create and package your marketing materials.
• Rules for turning your attorney bio into a marketing tool.
• Smart tips for marketing within your firm.
• Tips to evaluate and improve your client service.

It's all great stuff and worth a few minutes of your time to explore, especially if you don't have enough time in your day!

So, I'm personally putting the plan into effect and will writing with a lot more regularity in the future! (Or so my current thought process goes - hopefully I'll be back before the 21 days I'm allowing to create my new habits! ).

See you soon(er)!

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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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