Here’s a keynote presentation we put together for a mediation in west Texas involving an 18 wheeler driver that fell asleep and hit oncoming traffic. This PowerPoint was used in mediation to help the plaintiff’s attorney explain his stance on the case to the mediator and insurance adjuster.
*Note: The family names, pictures and demands have been edited.
Here’s a tutorial I created on how to use apple’s keynote to effectively use bullet points that could be displayed in a trial or mediation presentation. If you need to use bullet points (and it’s hard not to, but it can be done) his effect will hopefully help the jury or mediator follow along.
(This is a 100mb file please give it time to load, the final effect is about 9 minutes in)
Last week we were hired to provide litigation support and present evidence in a local criminal trial where the defendant was accused of tampering with a witness and false entry on a government record.
You can read more about the trial from news reports here, here and here. But what I wanted to write about is a strategy that I’ve never seen or used before in my career of litigation support.
In the initial meeting our client stressed that he did not want us to show up until the prosecution’s star witness was about to take the stand. He was going to ask the judge for a quick break (we had two trial consultants waiting outside for a quick 10 minute complete setup) when she was called. The thought process was to make the witness uneasy about telling her story, which was full of holes, by the unknown of what we had on our computer and projector and 8 foot screen.
Well… It worked. The prosecution DIDN’T CALL THE WITNESS, when they saw us setting up for our trial support, they decided to rest.
After the not guilty verdict, the attorney went straight to do jury research. He asked why they felt the way they did and it was clear; They felt the DA’s office was hiding something by not calling the witness, and without her testimony there was no question about convicting.
We didn’t project one trial graphic, no legal Powerpoint, no trial presentation at all…basically didn’t do a bit of what is know as “trial support”.. didn’t even turn the computer on. Our client’s response was “your presence is what won this case for us, I can’t thank you enough, for doing nothing”.
First time for everything I suppose! The world of litigation support never ceases to amaze me.
The technology should be as transparent as possible, not a distraction, some others don’t seem to care. Here’s some annoyances that I have seen from “the other side” while sitting through trial. (note: these are tips for technologists and “hot seat” running attorneys.)
1. Stand when told and do not look at screen/keyboard.
I put this first because I am somewhat guilty of this. When the jury is coming in or leaving for a break you need to STOP working on your laptop. Clear the screen as quickly as possible. Stand and give your attention to the jury.
2. Pay Attention.
If you’re currently not using the computer or not asking questions, try to use the computer as little as possible. Pay attention to the question and answer. Ignoring when it’s “not your turn” isn’t very professional.
3. Take ear buds out!
Anyone that spends enough time in the courtroom knows that earbuds are an essential way to make clips during testimony of a live witness. I see many trial tech’s that leave their earbuds in while the jury is entering or exiting.
4. Put away that phone.
I try not to have my phone out at all in the courtroom. Although most of us are guilty of checking and responding to email.
5. Buy quiet peripherals.
My biggest pet peeve. Writing a novel on your clanky keyboard and playing mine sweeper with your mouse isn’t going to help you look like you’re paying attention. Have you ever had to sit and listen to someone type and click for an extended period of time?
Also, a technologist will be considered part of the “plaintiff” or “defense” even if they are independent of the case, like I always am. I’m asked constantly by jurors if I work for the firm or if I’m an attorney. I attribute that to acting like an attorney. Impressions are a huge battle in the courtroom.Under the pressures of trial you must take a second, stand back, and look at exactly what you’re doing.
Most attorneys, paralegals and litigation support staff don’t understand that Legal PowerPoint / Keynote presentations are supposed to be used to help support the story, not tell it. The attorney is Batman and the PowerPoint, Robin.
I was excited to learn I was being given freedom to design the Opening Statement without a single bullet point. I spent a couple hours with the attorney gathering his ideas and put this presentation together without much direction.
During opening my client only referred to the slides as a guide on what to talk about next, the actual slides only gave a visual reference to his story (or facts of the case). I think it went over very well, the jury was listening to him, not reading the screen.
(This was a trucking accident where the truck driver was drunk, traveling the wrong way down the highway causing a mild traumatic brain injury.)
Continuing legal education is an area of the legal systems that we feel is very important, so much so that we offer presentation creation and editing of existing presentations free of charge for certain CLE events (contact us for more information if you feel that your presentation could benefit from our charitable offers).
I’ve been somewhat surprised at the amount of topics here in Texas that involve how to survive after tort reform passing. We created this PowerPoint presentation for use with a local group of plaintiff attorneys.
.
A while back we created this presentation in Keynote for use in a hearing where the attorneys were explaining to the Judge why this matter should be granted class action status. It’s difficult to explain the argument in text, but generally they were arguing that the fraud was occurring while using the US Postal service. The confusing part is that they also shipped via Fedex/UPS, which threw a kink into the theory.
Take a look at the video below for a video example of the slides.
I was reading an article today on SBOT.org (which is the state bar of Texas’ Technology sections blog) about “story boarding” presentations for the courtroom. Pretty interesting article and I agree with the philosphy. But what caught my eye is this quote:
“Practice Tip: If you’re using a Powerpoint (or Keynote) to persuade a Judge, create a Handout for him/her.
I don’t think I’ve ever recommended a client to do that, I always print out copies but they are normally for the attorneys to have in hand while giving the presentation or for producing to opposing counsel to review. That’s something I’m always going to suggest from now on.
Literally 45 seconds later I click on over to The Mac Lawyer and notice Ben Stevens has recently posted a great walk-through on how to print handouts in Keynote.
Thanks for the help Ben, perfect timing!
.
Loading...
