Flawless presentations begin with end result in mind

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It takes more to win at trial than simply knowing the law.

More and more these days, it requires the use of cutting-edge trial techniques that allow lawyers to present a case more efficiently and effectively. Courtrooms are increasingly turning to new technology to present evidence in a way that is visually compelling to a trier of fact.

Trial-presentation technology has been around since the 1990s, a time when legal professionals were trying to find better ways to manage cases involving extensive amounts of electronic evidence (e.g. emails, electronic files, etc.). High-quality presentations have since come to be expected.

However, many lawyers have been reluctant to adopt the latest technology. At times, this hesitancy has resulted from fears that the technology will be expensive or difficult to learn to use.

Having been a trial consultant for 20 years, I can say that such perceptions were grounded in reality at one time. Because of the expense of the necessary equipment and the need to hire the right person for the job, trial-presentation technology was reserved for only the biggest cases. In addition, many lawyers were reluctant to create a perception that they or their clients had deep pockets, which could have made jurors more sympathetic to the opposing party.

However, with today’s 24-hours-a-day news cycle, this has ceased to be so great a cause of concern. Most jurors these days carry a smart phone and are constantly surrounded by various forms of media. The upshot is that jurors not only have come to accept media-rich presentations; they tend to demand them.

Also not helping in the past was the legal industry’s tendency to adopt new technologies a little later than others. There were a variety of reasons for this. A lot of it had to do with the various regulations and rules that must be followed by lawyers and law firms.

But with ever more lawyers growing up surrounded by technology and with jurors’ changing expectations, it was just a matter of time before lawyers began demanding that trial presentations be a central part of their strategy for trial.

So what has changed? First, the technology itself is far less expensive than it used to be. Gone are the days of having to daisy chain hard drives together or purchase an expensive jukebox system in order to store large deposition-video files.

These days, you can store hundreds, if not thousands, of hours of video depositions (along with all of your documents and exhibits) on a single external hard drive. Doing that 20 years ago would have cost you several thousand dollars, if not tens of thousands of dollars. Now, you can buy a very large external hard drive for a few hundred dollars.

Another massive change has been to the cost of laptops and computers themselves. Running trial-presentation software used to take a very special configuration of hardware and software, and the processing time was exceptionally long if it not done correctly. Today, computers are so powerful that far more — although not all — computers can provide the processing power needed to be run at trial.

What do lawyers use  presentation software for?

Trial-presentation software was developed to help lawyers present various forms of electronic evidence in a courtroom or for court proceedings (e.g. arbitration, mediation, etc.)  More specifically, this type of software allows for a dynamic (rather than linear) method of presentation.

Imagine, for example, that you are at home and watching your television. You are watching channel 2 and you want to instead watch channel 1050. You might choose to hold down the channel up button and go one channel (in sequence) at a time to get there. That is linear.

Now, let’s say you decided to jump to the same station by simply punching in the channel number.  That is dynamic.

Linear and dynamic presentations

A great example of linear-presentation software is PowerPoint. PowerPoint is likely the most widely used presentation software found in courtrooms today.

But let’s go back to our comparison to using a remote to change television channels. Think of trial-presentation technology as a remote control that will instantly take you to any channel.

This helps avoid long delays in the courtroom. In some cases, you might want to show more than one piece of evidence at a time. This method lets you catalog all your evidence within one piece of software and randomly access and display it at a moment’s notice.

Additionally, you can blow up parts of documents, annotate and highlight important passages, and even deliver powerful courtroom moments by impeaching a witness instantly with the use of their previous video testimony.

How do I decide which presentation system is right for me?

Presentation systems are like cars. Some have bells and whistles and others are far more basic models. Of course there is everything in between, as well. Let’s take a moment to break them down to help you in your decision.

It is important to ask yourself the question: “What am I going to be doing with my trial-presentation system?” If you are only going to be presenting a handful of documents, you might not need to learn every feature of the system.

For most users, the 80/20 rule applies. Eighty percent of users use twenty percent of a software’s features. That is why it is really important to look at many different systems before you make your decision.

Try to avoid over-purchasing software that might be well outside your needs and abilities. Some presentation systems take longer to learn than others.

What types of evidence would I use in a trial presentation system?

Nearly any type of image or video file can be put into the proper format to work in a trial-presentation system. Beyond this, you can also have your deposition transcripts synchronized to be searched and edited quickly and easily. Here are some types of evidence that are commonly presented at trial:

• Exhibits and documents
• Photographs
• Demonstrative evidence/graphics
• Synchronized deposition transcripts
• Videos
• Animations

When is it time to turn to a seasoned trial consultant?

One of the biggest mistakes I have witnessed at trials over the past two decades is failing to know the difference between what is possible and what is practical. It’s important to recognize your current staffing capabilities and limits.

Running a trial-presentation system can oftentimes be a full-time job, both when you are preparing for a case and during a trial itself.
Although spending constraints might at times make this impossible, consider speaking with a trial consultant to find out what your true needs will be at trial.

Begin with the end in mind

Your trial presentation strategy should begin with the end results in mind. Waiting until the last minute to begin thinking about your case visually can be a very costly mistake.
Thankfully there are plenty of tools to choose from, as well as consultants who can help get you on your way so your next trial is a success.

Robert Rosenberg is the president of Hartland-based Rosenberg Consulting Services Inc. His company provides courtroom technology and strategic visual consulting both in and out of the courtroom. He can be reached at 262-533-3501 or [email protected].