Eight keys to using PowerPoint at trial

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For the past few years, tech-savvy trial attorneys have almost exclusively turned to Microsoft’s PowerPoint software for a visual aid to help jurors understand their cases. PowerPoint is user-friendly and fairly intuitive, with a host of options for attorneys to organize their points and present them with a visual flair.

But some trial consultants and attorneys claim that many lawyers don’t know how to best use PowerPoint to make their points clearer and help their audience understand their message.

Here are some tips for avoiding PowerPoint pitfalls:

1. Beware of overusing bullet points.

The biggest trap for attorneys is failing to realize that PowerPoint is designed to condense and clarify points, not serve as a melting pot for every single fact in the case.

In much the same way you should be able to write the major points of your client’s case on the back of a note card, experienced trial attorneys argue, you should be able to compress those facts into a presentation.

“You see these lawyers who have five bullet points per slide, and seven slides,” said Dave Swanner, a Myrtle Beach, S.C. trial lawyer and author of the South Carolina Trial Law blog.

“Now they’re asking jurors to remember 35 points, when the average person can remember maybe five or six.”

As a general rule, jurors should be able to understand the purpose of each slide within seconds of seeing it.

2. Engage jurors emotionally.

If you’re just going to recite facts and figures, you might as well invest in an old-fashioned posterboard or overhead projector. PowerPoint provides a more visual and audience-friendly medium.

Cliff Atkinson, an independent legal consultant and author of “Beyond Bullet Points,”, recommends that attorneys in personal injury cases devote one slide to an expanded picture of the victim or victim’s family.

“What it does,” said Atkinson, “is immediately relate every juror who has taken a family photo to your client. When they see that, the lawyer is now able to extract a more compelling story.”

Accompany each additional slide with a relevant visual, such as a hospital or a doctor, etc.

3. Don’t go crazy with special effects.

While a college student might get a kick out of showing off PowerPoint’s fade-ins or transition features to a lecture hall, jurors and judges won’t care — and worse, will likely find it distracting.

A basic click transition is more than enough.

4. Maintain visual consistency.

That means making sure the background colors of each slide and all fonts are the same throughout the presentation.

Swanner recommends whites and darker blues to make the wording stand out. Use larger fonts both so the jurors can see and so attorneys are compelled to be more concise with each point.

5. Channel your inner author.

The purpose of using PowerPoint is to communicate a story to jurors.

To that end, approach the story like an author or screenwriter would, with a clear beginning, middle and end.

“You can distill all your information into three slides. Make your three major points to prove your case,” said Atkinson.

6. Practice makes perfect.

Do not, under any circumstances, go to trial without doing a walk-through of your PowerPoint presentation.

Before the trial begins, walk into the court so you understand the dimensions, where you will stand and where the jury will sit. Find what works for you.

“Attorneys should stand right in front of the jurors,” said Atkinson. “Use a remote to operate the PowerPoint, so you’re always focused on the slides, but still talking directly to them.”

7. Know your audience.

Do not use a PowerPoint just for the sake of technology.

Check during voir dire to see if any jurors are uncomfortable receiving information via a PowerPoint. If they are, you’re better off going with a standard posterboard, Swanner said.

8. Always run your presentation by the judge beforehand.

A PowerPoint is demonstrative evidence, said Swanner. Make sure to run each slide by the judge and opposing counsel to avoid having them thrown out for any reason.

Questions or comments may be directed to the writer at: [email protected]