Technology isn’t just about streamlining the process. It’s about telling a story using the most effective tools possible.
The goal of any trial lawyer is to put before the jury the most complete, yet precise, picture of their case. To tell their story in such a way that it resonates with the fact finders arming them with the tools they need to render a verdict in favor of that attorney’s client.
Being a trial technology consultant has allowed me the opportunity to be in the courtroom more than the average trial lawyer. That experience has given me a unique perspective and keen insight on the evidence presentation techniques that jurors are most receptive to. Without fail, an attorney who use technology start with a leg up over the one who elects to present evidence using “old school” presentation techniques.
Statistics show that people remember 10% of what they hear, 20% of what they see, but an astounding 65% of what they see and hear. Jurors are no different. To effectively explain the facts and concepts of a case to a jury, a mixture of media is required. Examples of media mixture include:
- Live Testimony
- Video Testimony
- Video Impeachment
- Trial Exhibits (shown electronically on a projection screen)
- Demonstrative Aids (pass around to jury to allow them to touch)
- Timelines (on foam boards and/or shown electronically)
- Pictures (shown electronically)
- White Boards/Flip Charts (use with witnesses to create exhibits on the fly)
- On-the-Fly electronic creation of exhibits (using trial presentation software)
The use of technology and the mixture of media is not only a way to more effectively present the information to the jury, it also gives the jury insight into the client and its legal team. Putting together a seamless presentation requires preparation and a thorough knowledge of the case. Preparing demonstrative exhibits requires the attorney to learn the fine technical points of a case that are often overlooked when relying solely on witness testimony or hard copy trial exhibits. This resonates with juries. It shows preparation and skill on behalf of the trial team. This instills trust with the jury.
Technology is not limited to evidence presentation with witnesses. I strongly encourage my clients, when allowed by the Court, to use technology during their opening statement and closing argument. Even if un-admitted evidence is not allowed to be shown during opening, Judges will often times allow attorneys to use a PowerPoint presentation to outline their case. By putting together a few simple slides, the jury will see (read) and hear the points the attorney is articulating.
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