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Visible Impact: Compelling Charts and Graphs Can Make Opening Statements More Memorable (Continued)
by Noelle C. Nelson
Executive Presentations, a firm that specializes in creating visual aids for the
courtroom, developed a time line for a recent case that exemplifies the use of
symbolic language with targeted presentation of information. The case concerned
the plaintiff’s severe injury, which occurred when the plaintiff’s hand became
trapped in a machine manufactured by the defendant. Warnings had been issued
over the years that the machine was in need of a particular safety mechanism.
The technicians responsible did not heed the warning.
The plaintiff’s lawyer wanted to bring forward in the time line the key elements
of defendants’ failure to properly repair and maintain the machine, which
resulted in a steady course toward the eventual disaster. Rather than simply
charting the events against the appropriate dates, the company created the
chart [shown above].
The time line is descending, symbolically showing the steady downward course and
inevitability of a crash at the end if no countering force intervenes. The
injury is set against a jagged red backdrop, jagged edges being symbolic of
“breaking” (i.e., breaking glass produces jagged edges) and of pain and trauma.
Red is used as a “danger” color.
Rather than just give a two-line summary of the content of each relevant
document (warning, service reports, etc.), the time line included photographs
of the actual documents, subconsciously bringing home the uncontestable
existence of those documents (seeing is believing). During the several hours
that the plaintiff had to wait until his mangled hand could be extricated from
the machinery, photographs were taken. Instead of just noting the date and
nature of the event as often happens in a more traditional time line, the
exhibit included the actual photograph of the plaintiff’s mangled hand. The
overall effect was compelling. The plaintiff’s lawyer used the time line
throughout the trial, returning to it repeatedly and thus keeping his
interpretation of the facts in front of the jurors. Such a time line serves as
a summary chart for jurors, giving them an overview of the entire case from the
plaintiff’s point of view.
Another variety of time line is process-oriented, showing the jurors, over a
series of charts, how different elements came together in a case, ending with a
single overview chart. For example, a process-oriented time line would be
useful when a lawyer wants to show how his client’s business had been
increasingly successful until the occurrence of an event (the subject of the
trial) that stops everything and the business fails.
Such an exhibit could show the increasing success of the client as symbolized by
a series of ascending steps. The client’s impressive educational
accomplishments could be symbolized by photographs of newspaper articles
touting his achievements or by an icon of a diploma. His professional career
could be symbolized by icons or photographs denoting some of his achievements.
Another chart would show the same information – but on the right side of the
chart, the jurors could see how the steps abruptly end. The client’s fate might
be symbolized by a “for sale” sign on his previously affluent business. This
type of process-oriented time line brings home to the jurors the rise and
catastrophic fall of the client.
Presenting an opening without visual aids means not taking advantage of all the
persuasion techniques available.
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