(originally appeared as an article in The Advocate, May 2000)
For hundreds of years, oratory skills were the primary means by which to
persuade a jury. Times have changed. Courtrooms have now become multimedia
shows designed to hold the jurors' interest and to convincingly communicate the
client's story. In effect, trial attorneys are much like movie directors as
they orchestrate the drama played out in court. In addition to creating the
"plot" or case theme, juggling clients and witnesses, and playing to the
audience of jurors, attorneys must now oversee technical and artistic support
staff.
The opening of a trial is much like a movie trailer. It must capture the jurors'
interest and introduce the theme of the case. The lawyer's job during the
case-in-chief is to develop the theme and build the plot. Professionally
prepared computer-generated presentations and visuals will help set the stage
of a case theme and help move it along. The jury will come to expect the next
visual or computer screen to clue them in on where the attorney is taking them.
Just as in the movie business, if the attorney fails to keep the audience's
attention, they may lose interest (at least with a jury, they can't walk out).
Technological advances in the courtroom appeared during the mid-1980s when
computer-generated charts were used during the Iran-Contra hearings. However,
most lawyers continued using simple document blow-ups and hand drawn
storyboards to communicate their message. By the late 1980s, electronic
projectors such as the "ELMO" and "DOAR" were introduced into the courtroom
with images projected onto a screen.
During the 1990s, with the advent of software programs such as PowerPoint,
attorneys began preparing more elaborate presentations and dared to be more
creative in court. Now, sophisticated trial presentation systems, which allow
for graphics and moving imagery, can often be found at trial. With these
systems, each individual
document, chart and video recording has its own
individual bar code and when the code is scanned, the data is instantly and
easily retrieved and used during the course of the trial. Timelines,
depositions, written documents and pie charts can be incorporated into the high
tech presentation.
Video presentations can be powerful. Taped depositions, where body language, eye
contact and vocal inflections otherwise lost when an attorney reads the
deposition in court, are there for all to see on videotape. Location videos are
also impactful. Often a description or even a photograph of a location that
bears importance to a case cannot compare to videotape footage.
Presentation Preparation and Cost Estimates
Proper preparation is key to a successful multimedia presentation. Lead time
should be at least six to eight weeks to allow for compilation of materials,
script writing, graphic design and final editing. Ideally, an attorney will
want graphics and video professionals in place before discovery. These experts
should have trial experience and understand the legal restrictions on how
evidence can be presented in court.
While most attorneys develop their case based on legal theory, these
professionals will help develop strategies from a visual and presentational
standpoint. With attorney input, the graphic artist and video technician can
develop a "storyboard," including color schemes, type size and style that will
present the data in clear, simple terms while invoking the desired emotions
from the jury.
Technology sometimes comes with a steep price tag so it is important to
establish a presentation budget early on. The cost for electronic presentations
ranges from $500 per day for a simple projector and screen rental to as much as
$3,000 per day for computer and monitor rental and for retaining the services
of a skilled technician to run and maintain the system (Most lawyers should not
attempt to present a case and run the technical elements of the presentation).
These budget figures do not include the cost of attorney time or the time of
the "special effects" team to put the presentation together. Backup software
and hardware is also needed in court in case the primary system crashes.
Depending on the complexity of the case, technology costs can run as high as
$100,000.
Attorneys run the risk that the judge may not allow the presentation in court.
If an attorney is unsure how the assigned judge views multimedia displays,
other attorneys who are familiar with that judge should be contacted for their
input. Spending thousands of dollars on a presentation only to find that the
judge still likes to hear cases the old-fashioned way may be difficult to
explain to the client.
Is the cost and time invested to create such elaborate presentations worth the
price tag? If the case is document-intensive and complex, the answer is yes.
Attorneys need to make complex issues easy to understand for the jury.
Interesting graphics can bring dry material to life and hold the jury's
attention for longer periods of time. If the case is simple, however, the
visuals can be easily confined to documents projected on a screen or mounted on
a board to keep graphics costs to a minimum.
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