Technology surrounds us in our daily lives: from the moment we hit the snooze button on our MP3-enabled alarm through our last waking moment, waiting for the sleep timer to turn off the late show. We are constantly bombarded by a dizzying array of media, marketing, electronic information and technology in general.
When the now-familiar CNN news format was first introduced, it received terrible reviews. Viewers said the screen was much too busy, horribly cluttered and swore it would fail dismally since there was simply too much information to take in. Fast forward to today’s teenagers who will sit at their computers conducting multiple IM dialogues, listening to music, texting messages on their cell phones, all while “studying” their history books for homework. Since we can’t get away from technology, we might as well embrace it, adopt it and use it to our advantage.
Recent trends in large-scale national litigation have shown a significant increase in the use — in varying degrees — of technology presentation in the courtroom. There is no reason why lawyers handling smaller cases should not take advantage of this trend.
One might first ask: Why use technology at all? Isn’t it enough to present the facts clearly and succinctly through oral presentation? The fact is that most of us learn better visually; it has been well established, in numerous studies, that we remember more when we see and hear, and judges tell us trials move faster when technology is employed effectively.
In a recent research study, three separate groups were tested on the same set of facts presented by different methods — orally, on hard boards for some of the key points, and utilizing the latest in graphics technology with computerized presentation and delivery. The marked difference was between the first and second groups. It didn’t matter nearly as much how the visual materials were presented, simply that there were materials presented in a more engaging and visually stimulating manner.
All of the recent findings point to using more technology in court, which does not have to be an intimidating or daunting prospect. If our grade-school kids can use the Internet for research and make even simple presentations in PowerPoint, then it can’t be that hard, right? However, it might be worth finding someone younger to help point you in the right direction to get started.
Get Support or Training
As with any new program or application, there will be a learning curve. Preparing for trial or — heaven forbid — while actually in trial is not the time to be learning, no matter how tech savvy you might fancy yourself to be. Get some training or take some classes on the program you are trying to use. Any method will take some time, so give yourself ample time to learn and test, then rest to let your newfound knowledge sink in.
Small Is Beautiful
Another good tip is to start small — a Magic Marker and a white board in the hands of a skilled attorney can work wonders. When developing themes and case strategy, it is important to remember that the simplest images often convey the most impact due to their universality. If you can create an image that conveys your underlying theme, you’ve gone a long way to getting the jury to buy in to your view of the facts.
As 17th-century French philosopher and mathematician Blaise Pascal once said, “I have made this letter longer than usual, only because I have not had time to make it shorter.” Technology works the same way: When used most effectively, it will help reduce the time needed to explain complex issues, move your case along more quickly and hold the attention of your jury.
Practice, Practice, Practice
The old joke about how to get to Carnegie Hall applies to any discipline: Practice is key to gaining the necessary skills when learning something new. Indeed, the better one gets at something, the easier it appears to be and the more effortless it seems.
A recent article in Law Technology News shared the insight that more and more courtrooms are becoming technology friendly. Judges and juries alike expect attorneys to become familiar with that technology and use it seamlessly. If that is not possible, then it’s often better to leave it alone rather than risk hurting your case and unfavorably impressing the jury.
Testing, Testing, 1, 2, 3
Once you’re feeling confident that you have put together a good presentation, it is imperative that you test all your equipment. Not just some of it, but all of it, and exactly the equipment you are going to use.
If you’re relying on the court’s technology, get an introduction to the court’s systems and find time to do a dress rehearsal. Run through text, images, pictures, video and audio, anything that you will have in your presentation to make sure it all works.
Most laptop users now are familiar with the Function + F key to ensure the laptop is pushing out to an external device (either projector or monitor). Video can sometimes be problematic: It may show on your laptop screen, but not on the external devices. Check your hardware accelerator (if you don’t know what that is, ask) for the proper settings if you’re having trouble. And even if you’ve checked once, check again just before going “live” as cables can come loose and technology can be temperamental.
Always have a backup plan ready and know your limits and the limits of your support personnel. When we go into court, we are always running two laptops with identical databases on them, along with other backups. Murphy’s Law is no stranger to technology, especially within the court system!
Highest and Best Use
There are times when it makes sense to go it alone and handle everything yourself. However, there also are times when it is important to bring in outside expertise to provide advanced skills or simply when it doesn’t make sense for you to spend time on certain tasks. It often amazes me how attorneys or support staff will sometimes struggle for hours on a relatively simple task that someone familiar with the program could complete in 10 minutes. Heading to trial is hugely expensive, but resist the danger of becoming too “penny wise” and missing the larger picture.
With enough time and practice, anyone can become adept at learning new skills and abilities to help make them a better communicator. Studies have proven the effectiveness of well-thought out and well-prepared visuals in the courtroom.
Like any of the other tools in your tool belt, use technology when and where appropriate. Used judiciously, it can help give you an advantage over your opponent and, after all, isn’t that really what we’re all trying to do?
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Chris Hazelmann is president of Prolumina Trial Technologies (formerly ProVideo|Seattle), which provides litigation technology support and trial consulting services to firms around the Northwest and across the country. Hazelmann can be reached at 206-622-6700 or by email at chazelmann@proluminatech.com.
