Balancing Convention and Innovation in Trial

Thinking people think about change. The status quo, being clearly present, requires no thought.
E.G. Boring

In 1839, and again in 1891, Congress recommended that the U.S. Patent office be closed because “everything that could possibly be invented has already been invented.” One of the most important challenges for trial lawyers in a world of hyper-technological evolution is keeping up with what is available in terms of materials, tools and services that will enhance trial presentation and juror involvement.

While some still cling to the old “butcher paper and magic marker” philosophy, believing that low-tech and low cost presentations somehow impress jurors and more “down to earth,” the reality is that more and more juries are being provided with highly comprehensible, interesting and winning presentations through the use of video, animation, professionally designed graphics, computer controlled document management, and demonstrative models that get to the point quickly and powerfully.

Jurors always appreciate information presented in clear, interesting and innovative ways. A well-designed presentation tells the jury that the lawyer knows the case, is in control, and is confident about the facts and the issues. And jurors, since they are on their own time, always give points to lawyers who can get to the point in a hurry, letting them get back to their families and lives.

One of the most intriguing technological developments in recent years is that of “virtual reality” -the ability to get inside of a computer generated environment. We can literally get into, and interact with the workings of a computerized “model.” We can, with video and animation, seemingly shrink ourselves and walk around inside a miniature device to see what it looks like and how it works. We can climb inside a wall and see how it was built and what’s holding it together, or what caused it to fail. We can ride in an automobile, without a single bruise or bump, or observe it from overhead as it is involved in an injury producing collision.

The way evidence “looks and feels” is often more important than even the most experienced trial lawyer may assume. It is easy and idealistic to believe that the bare bones facts will convince a jury, or that all jurors are able to clearly understand what the lawyers and experts understand. Taking a step back and looking at the facts and issues from a layperson’s perspective is essential. It is not enough to know the evidence-it is vital to be able to “see” the evidence, to visualize it and to convey those images and impressions to the jury in a clear and understandable way.

Getting jurors to understand your case is the foundation upon which their belief and their verdict depends. In the vast majority of trials, the evidence is just “out there.” It’s hard to touch, hard to feel, hard to get inside.

There is an old saying, “Tell me and I will forget. Show me and I may remember. Involve me and I will understand.” In a trial, “packaging” is crucial. One of the most powerful packages a trial attorney can wrap the evidence in is a television monitor. Because of the inherent qualities of television and its far-reaching effects on our lives and culture, any opportunity to present evidence, of any kind, on a television screen will enhance a courtroom presentation. Television is inherently involving and powerful as a medium and one that is understood and familiar to virtually every juror, regardless of education, culture, language or other differentiating factors.

Even in smaller cases that may not demand or support more sophisticated, hi-tech presentations, the careful consideration of what tools to use and how to most effectively and economically insure juror understanding and involvement is critical. Today’s jurors often see what was once considered to be conservative and straightforward as mechanical and boring. Using color and images, even on simple exhibit boards, that are consistent with jurors’ perceptions of the world they live in, provides an advantage that is often forfeited by attorneys who don’t take the time to consider the impact such images can have on those who have to make the ultimate decisions about the evidence.

Here are a few suggestions on how to make your presentations more interesting and powerful: