*Note: The family names, pictures and demands have been edited.
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(This is a 100mb file please give it time to load, the final effect is about 9 minutes in)
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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.
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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.
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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.)
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“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!
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Take a quick look online and without much searching you can find a 22″ LCD monitor from companies like Acer that are under $200 and are actually pretty good looking screens. In my last trial, the competitor Litigation Support company set up 7 of them. SEVEN 22″ monitors strung throughout the courtroom. It was like walking into a technology wonderland. I really like the way it looked, but I knew how it would not perform well.
All the monitors were run through a switch that allowed for each monitor to be turned off or on in any combination. All the technology was wired and setup properly, and it ran without a hitch. But there was a huge issue, size…
The screen that was on the witness stand was so large that you could only see the face of the person testifying. My client had to turn his monitor sideways in order to see the judge and witness easier. Defense counsel left theirs up and the Judge seemed pleased with her monitors placement. But just the vast size of these monitors made it hard to see people in the courtroom.
It’s something we should all consider when choosing what piece of technology to bring into the courtroom. Going along with my theory that the technology should be as transparent as possible, the large LCD monitors just don’t fit into the equation. Ideally everyone should be able to view the projection screen, but if there isn’t a position where everyone can, I make sure that at least the judge and jury have a great view of the big screen.
I don’t see any point in bringing in screens larger than 15″-17″. I actually prefer 15″ but they are getting harder to find. The brand/model we are these Sony 15″, unfortunately they are discontinued. Also issue to note is that none of the major trial technology presentation software packages take advantage of a monster windscreen LCD properly.
I would also stress that placement is a big issue, the monitors should be as out of sight as possible, while still viewable. The easiest way to determine if a location is good is to sit behind it and look around at what you can and can’t see. Ideally the screen should not block anything.
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]]>With 64-bit applications built from the ground up, that means we can now render video files much faster and provide a better service for our clients with all their video needs.
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While I can’t attest to how many illustrations they have, I do know that I’ve never had a client make a request they couldn’t produce. The downfall of using a company such as MediVisuals is the cost, while each illustration differs in price, they are normally very cost prohibitive for smaller cases (car wrecks), but are extremely useful if your case can justify the cost.
The next time you have a case involving an injury or botched medical procedure, put yourself in a jurors shoes… Would you be able to visualize what your expert is discussing? If not, I highly recommend using medical illustrations or animations.
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