Strong communication skills are a powerful tool for attorneys. Exhibits, animations and presentations can help communicate points effectively in many areas of litigation. Because visual communication can be so persuasive and informative, it is applicable from trial preparation to the case’s conclusion.
High-tech visual presentations are useful when conferring with experts and clients to discuss strategy. When communicating with experts, illustrations can help attorneys gain a better understanding of specialized issues (e.g., in a medical malpractice case, comparing a model surgery to the actual procedure in question). Also, when conferring with the client, visual presentations can not only help inform the client of the ins and outs of litigation but also reinforce the notion that the attorney is actively putting the client in a position to win.
Some jurors learn about the litigation process solely from TV shows. As a result, they might expect flashy, engaging testimony and evidence. Cutting-edge visual productions, including animations and videos, usually are more captivating than spoken arguments, blackboard drawings or PowerPoint presentations. In longer trials, a mix of simple visual communications and high-tech ones keeps jurors interested.
Good uses of technology in trial include fixed images, video, audio and a combination of video and audio. Whatever format is used to present evidence, it should make complex evidence easy to understand. Facts that are too detailed to effectively explain or draw on a board can be presented with technology to help the jury understand and remember a version of events.
When technology is used in the courtroom, opposing counsel might find it more difficult to block these presentations if they are used first in expert depositions, depending on the rules of evidence.
Visual settlement brochures can be a punchy way to convey an argument for a favorable settlement. The video often shows how the plaintiff was wronged and how the wrongdoing resulted in damages to the plaintiff. These videos typically communicate in a TV news feature style, mixing pertinent facts and emotional calls to action in a high-quality production to persuade the other side to settle.
References
Holland, C.C. “Go Beyond PowerPoint to Make Your Case.” Law.com, April 7, 2008.
Trial. “The nine most effective uses for medical demonstrative evidence: faster settlements, larger awards for your clients.” Goliath.ecnext.com, Jan. 1, 2004.