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Cutting Edge Presentation Technology In "The Information Age"
by Rick Kraemer, Patrick McNicholas, Esq., Barbara Carter and Shar Blume
(originally presented at the 22st annual CAALA Los Vegas Convention, September, 2004)
Presenting evidence in trial, mediation, and other legal arenas has changed dramatically over just
a few short years. Incorporating complex technology to convey concepts in trial has become
more prevalent, and we are still learning methods to prepare and present information to achieve
the greatest impact with a judge and jury.
 Key to finding the best vehicles for legal exhibits is understanding how the modern juror differs
from that of a previous generation. Looking at how television news is being presented today can
be instructive in understanding juror comprehension.
Television news shows of the ‘50s and ‘60s generally consisted of a prime anchor – such as
Walter Cronkite – who read news stories and used limited film and visual information. The vocal
qualities and storytelling capabilities of these news anchors were the key to holding and
attracting audiences. Their method of conveying information was largely influenced by their
personal presentation of the storyline. They were effective as communicators without the use of
supporting visuals, however, at the time television was new. “Seeing” news read for the first
time outside of movie newsreels, rather than just “listening” via radio, had far more impact than
it would today.
 During the late ‘60s and ‘70s the anchor person was placed within a “newsroom” set (rather than
a plain backdrop) with an effort to make visual interest more dimensional. The camera still
focused primarily on the news desk using small teams rather than just one person. The addition
of film and video made it possible to incorporate “man-on-the-street” reporting, and could
transport viewers to the scene of event, increasing the emotional impact on the viewer. Perhaps
one of the greatest examples would be the landing on the moon in 1969, where video was sent
back to Earth in real-time. At the same time, the technology of the newsroom became visible to
the audience to add interest to the broadcast. Graphics were limited as computer visuals had not
yet become available; videotape and film were the primary media.
 Fast forward to the news programs of the ‘80s and early ‘90s and the scene has changed to
multiple anchors with a full team of specialists and personalities. This further augmented the
broadcasting of media, increasing viewer attention with more variety of visuals, people, and
footage. Graphics began to support the anchor placed within a set. Graphic backdrops were
incorporated which related to the story. Graphic symbols or photos of an event were placed in a
“window” near the newsperson and were shown simultaneously on-screen with the footage.
Greater inclusion of “on-the-spot” reporting increased the “urgency” of reporting, thereby
increasing impact. Viewers began seeing a variety of graphics and images and became
accustomed to absorbing even more information through the incorporation of multimedia at
higher speeds.
The beginnings of multi-tasking for viewing visuals had roots with computer graphics and editing
technologies available to the broadcast industry. The digital age had increased visual complexity.
During the ‘90s, commercials and films began to use rapid editing of many visuals at high speed
to convey stronger impressions and capture viewer attention. The audience of Generation X had
been raised on computer games and digital graphics. The web came of age, and visual
complexity began to explode. Modern attention spans shortened as the pace and volume of
information increased.
Since 9/11, the incorporation of streaming media with a news person, plus the addition of
graphics or footage – splitting up the screen into information panels – has become a common
practice. In the past, a person walked on and handed Walter Cronkite a story – “this just in” – a
‘60s version of streaming media. Today viewers are being given information in real time before
the anchor presents it, at a much faster rate than a decade ago. Imagine today’s viewers being
presented with the events of 9/11 using the style of the 1960s. It would certainly capture their
attention, but the impact might not have been felt so personally or as profoundly. The audience
is now fully engaged on many levels.
What all this presents in the trial courtroom is a need for keeping the information moving to fully
engage the viewer. While many attorneys are adept at great storytelling or oration, the current
viewer – or juror – may not be tuned in or have an attention span that would keep him or her
interested.
In addition, the complexity and type of material which is being presented in court over the life
span of the trial can get boring or stale to jurors who are preconditioned to visual speed and
complexity in our world of sound bites. Augmenting your case with technology is a big asset to
juror retention – especially in document intensive/complex cases. We are still exploring ways of
being more innovative in trial, without losing our past assets.
Layering graphics and technology can give the dimensionality that newsrooms sought to involve
and engage the juror in the aspects of your case. The use of mixed media can keep and hold the
attention of a juror better than presenting just the dry facts.
The basic elements of the newsroom can be used in the courtroom:
All of the above make it real for the viewers. Well-orchestrated uses of these elements can
engage the jury, move the case more efficiently, relay higher volumes of information more
effectively, and can speed the trial along without boring or burning out the “audience”. You gain
a flexible advantage when you find out what a particular juror may or may not understand by
having a variety of information and ways of conveying it on demand. This is the cutting edge –
the ability to focus the current technology and use all the means at your disposal to open the
minds and hearts of the jury. The key word here is FOCUS.
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