By: dmc-admin//April 23, 2003//
Image of chad displayed as part of PowerPoint presentation which Fred H. Bartlit Jr. gave during the Florida presidential election trial. |
To all you trial lawyers: Youre NOT using PowerPoint, or some other evidence presentation software?
Youre not alone.
At the American Bar Associations TechShow 2003 in Chicago earlier this month, in a room of more than 100 attorneys attending a Litigation Track program, less than a quarter raised their hands when asked if theyre using PowerPoint. Remember, this is at a tech show where (youd think) fairly techy people are in attendance.
The presenters, attorneys Craig D. Ball and Fred H. Bartlit, Jr., didnt coddle those who are dragging their heels over whether to harness technology to enhance their advocacy skills. Its an incredibly powerful tool. I do not believe that today that you can be an effective trial lawyer without using PowerPoint in court, Bartlit observed, adding later that those who wont learn it are lazy.
Bartlit, of Bartlit Beck Herman Palenchar & Scott in Chicago is also known as the Presidents lawyer because he was one of the three attorneys who represented George W. Bush in the Florida election contest before Judge N. Sanders Sauls in 2000.
Using actual portions of his PowerPoint presentation from that trial, and others, Bartlit demonstrated just how effective electronic evidence presentation can be. Among his examples was a simple photo of a chad in its various forms, as well as the instructions sheet for how to vote in West Palm Beach, with a call-out of the key provisions. Even Democrats have to admit that its persuasive stuff.
How did this play to the fact-finder? Just ask the residents at 1600 Pennsylvania Avenue.
The Case for PowerPoint
So why the hesitation to use technology among trial attorneys? Some of the excuses Bartlit and Ball frequently hear are:
Craig D. Ball |
Its too expensive.
Looking at each point, Bartlit observed about the first that hes in his 70s and had little trouble learning PowerPoint. If he can do it, anyone can, he said. Moreover, his staff frequently polls jurors post-trial, and hes even heard jurors say that they were impressed that an old guy like him could be so adept with technology.
Its not something that can be mastered overnight, Bartlit acknowledged. Youll need to practice over the course of about six weeks to really feel comfortable with the program.
For the second point, the good news about the program is you probably already have it; PowerPoint is a standard feature of the Microsoft office suite. If you dont have it, its cheap. Or check out Sanction II, a similar program that also wont break your bank.
Youll additionally need a scanner, running less than $100, and a good digital camera, around $300. You might want to transform video (e.g. a deposition) into a digital format; that requires Dazzle software, available at Target or Sams Club for about $50. And unless you try more than two cases
annually, youre probably better off renting a projector and screen, typically available at a minimal cost.
As for the time factor, Ball, of Craig D. Ball P.C. in Montgomery, Texas (who has his own newsworthy case; hes serving as an expert to the plaintiffs in the Enron/Arthur Andersen litigation) demonstrated that creating a call-out, or highlighting and enlarging a portion of the text of a document, for example, typically takes less than 10 minutes. Thats for beginners.
For those who say theyve gotten by just fine with their oratory skills alone, consider this: Ball cited research that three days after jurors have heard a presentation of words only, they recall only about 10 percent of it. However, when you combine visuals with the spoken word, they remember 65 percent.
As for the jurors not trusting technology, Bartlit pointed out that half the jurors nowadays are under 50. That means theres a high probability that not only do they trust technology, but also, they use it themselves.
Fred H. Bartlit Jr. |
And theres some truth to the call of fictional attorney Billy Flynn from the film Chicago to give em the old razzle-dazzle. Ball stated, I dont want to suggest that we want to use these tools to bamboozle people, that we add flash without substance but we also dont have the right to bore jurors.
With regard to the David and Goliath scenario, jurors dont really care about the size of your firm. They care about making the right decision and if technology helps you become a better teacher, so they can understand the issues and make that correct decision, theyll be more inclined to vote your way, regardless of where your paycheck comes from.
A similar argument that an opposing counsel on one of Bartlits cases made was that his technology is new-fangled. The jury found the country boy versus city slicker analogy just as unavailing, he said.
Finally, as for courts rejecting technology at trial, they are the minority. Ball noted, Judges get really bored, too. No one likes creative demonstrative evidence more than a judge.
But for the handful that wont allow it, period, your time wasnt wasted. If nothing else, Bartlit reasoned, the process of creating a PowerPoint presentation forces you to organize your thoughts and focus on the most convincing evidence.
Tips for Persuasive Presentations
Everyone in the office should know the program. Bartlit said that delegating this to a techier staff member wont do you any good if you need to make a last-minute change in court. And even if you bring that person to court, remember the previously mentioned old fart factor? Youll come across much better to a judge and jury if you can do it with a few easy keystrokes.
As for knowing the program, attain a level of familiarity so your presentation is more than just bullet-pointed snippets of text that make the screeching tires sound as you call them up. Dont do that to jurors, Ball pleaded.
Use the big screen. Judges in wired courtrooms might be inclined to say the big screen is unnecessary when they and the jurors have monitors in front of them. Change their minds whenever possible, because then the chances are better that all eyes will be on you and the image youre projecting.
can use a laser pointer – but use it sparingly.