In both direct examination and cross-examination, each witness should be asked questions that tie to, and substantiate that theme. Of course, the theme must be reiterated during closing, so that the fact-finders, during deliberations, will use their own powers of reasoning and emotion to consider whether the evidence served as reinforcement of that theme.
Litigators sometimes get hung up trying to convey, through a witness, a point irrelevant to the theme, but this is time ill-spent. Such derailment of juror focus accomplishes nothing, at best, and could potentially sabotage the case. Relaying a clear theme is particularly important in a complex financial action. Figures and data may confuse and overwhelm fact-finders, but the theme of the story will stick. The theme will help them organize complex information.
It is another elementary trial tenet, but one I see so often ignored: It is the jurors, the ultimate decision-makers in the case, that an attorney needs to address. I have seen more than my share of attorneys in high-profile actions arguing their cases to the media, which only serves to sour juror interest.
Not only should the attorney communicate his or her argument to the jury, the witnesses should do so as well. Bear in mind that the jury is communicating, too. Attentiveness to the jurors informs an attorney whether the presentation is effective or adjustments need to be made. At which points in the trial are jurors rapidly taking notes? Are heads nodding in agreement? Are heads shaking in disapproval? Are some people falling asleep?
All of these actions are important messages that warrant attorney consideration. Speaking of jurors sleeping, a good rule of thumb with a witness deposition video is to display less than fifteen minutes of it.
Play only that segment that conveys the intended message. Otherwise, jurors tune out, or worse, become irritated. Video impeachment should be brisk, tight, and relevant.
Playing just those few important sentences that expose the contradiction will pack that poignant smack that resounds with jurors. It goes back to the concept of theme. If you stray too far from the purpose of the impeachment, the whole point will get lost. During my many trials, I have, over and over, witnessed the potency of pictures. Pictures have the power to rouse an apathetic jury into one that is engaged.
Images often convey the story with more clarity and utility than words ever could. Consider the effect of describing the shape of a square versus drawing one.
Imagine how many words would be needed to describe a person. No matter how lengthy and detailed that description, the listener would only form a vaguely accurate mental image of the actual person.
This tendency is called the Picture Superiority Effect. According to Dr. Armed with an arsenal of images, an attorney can quickly and effectively produce the visual stimulation that will captivate, rather than fatigue, the fact-finder.
Interest level will beef up, not peter out. Most attorneys have heard about the power of pictures before, so what is confounding to me is how many stellar opportunities for using visuals are lost. In a case where the time progression of events is important, for instance, why does counsel so often neglect to create a visual timeline?
A graphic display of the timing of events has such great mental sticking power, especially because jurors will continuously refer back to it. Photos, slides, diagrams, graphs, models, video presentations, and computer animation are all very effective ways to transmit demonstrative evidence. Imagine how many words would be needed to describe a person. No matter how lengthy and detailed that description, the listener would only form a vaguely accurate mental image of the actual person.
This tendency is called the Picture Superiority Effect. According to Dr. Armed with an arsenal of images, you can quickly and effectively produce the visual stimulation that will captivate rather than fatigue the factfinder.
When faced with conveying an effective message in an online proceeding, images are often the key to getting your point across. In a courtroom, the factfinders all view the images on the same large screen. In a virtual proceeding , jurors are using different types of devices, and some may have small viewing screens. Most attorneys have heard about the power of pictures, so what confounds me is how many stellar opportunities for using visuals are lost. For instance, in a case where the time progression of events is important, why does counsel so often neglect to create a visual timeline?
A graphic display of the timing of events has great mental sticking power—especially because jurors will continuously refer back to it. Photos, diagrams, graphs, models, video presentations, and computer animations are all very effective ways to transmit your demonstrative evidence.
Even low tech is good tech for rousing interest in jurors. It is compelling to simply have a witness stand up and draw a picture on a poster board. It adds a human factor to the case that my slick multimedia presentations cannot capture nearly as well.
This hand-drawn display can be marked as an exhibit, then used when referring to other witnesses as well as during your closing argument. The jury is absolutely watching every move you make. Therefore, it is very important to treat everyone with the utmost respect—not just judge and jury, but also the paralegals, associates, and court staff. The most effective arguments are those fueled not by ferociousness, but by skill and strong points conveyed in a composed, respectful manner.
An attorney and their client are inextricably tied together, so if the people in the jury box like you, it is highly probable they will also like your client. After two decades in the courtroom, I am confident these guidelines will help position you for success—no matter the case or venue. A clear theme, combined with skillful communication and powerful visuals, builds a strong foundation and ultimately results in powerful advocacy for your client. From trial technology and graphics to insightful research and strategy, IMS provides the essential support you need to consistently win.
Learn about our integrated services here. Defetyer, M. The picture superiority effect in recognition memory: A developmental study using the response signal procedure. Cognitive Development, 24, Schaffhauser, Dian, Picture perfect: Teaching visual literacy. How Does a Zoom Trial Work? In doing so, he realized that there was a need in the market for a higher level of design quality, strategy and advice.
Kelman launched TrialEDGE to leverage his background as a litigator and his previous experience as a graphic designer to help lawyers distill their legal arguments into persuasive presentations and graphics. Since joining the team in she has worked on well over matters spanning a wide range of complexity and litigation practices.
Erin has had the opportunity to work with dozens of trial teams in some of the highest ranked law firms in the nation. She brings with her an extensive background in both graphic design and marketing practices. Thomas Almeida has over 15 years of experience as a trial technician and litigation consultant. He has supported over 1, cases and hot seated well over trials running the gamut of size, complexity and subject matter.
His early career experience as a court reporter and litigation support technician provides him with an added wealth of expertise on a wide range of trial preparation logistics. With over 5 years of experience in graphic design and marketing, Sarah has a clear understanding of effective and aesthetically pleasing visual presentations.
She has previously worked to facilitate the sale of large commercial and residential properties through marketing practices and key visual components. Melinda Bruce is a senior trial technician and graphics consultant with over 9 years of experience, who has supported over cases at trial. Melinda has had the opportunity to work with top litigators at AmLaw firms and premier boutiques on a wide range of complex commercial litigation matters.
In addition to her technical experience, Ms. Eric B. Hanson, Esq. There he gained deep experience in every aspect of patent cases, including claim construction hearings and trials. He has practiced in federal courts throughout the country, as well as the U.
International Trade Commission. As a member of dozens of trial teams, Janna has had the opportunity to work with some of the best lawyers and law firms in the nation on a wide range of legal matters. Janna's case experience includes products liability, complex commercial litigation, white collar criminal defense, medical malpractice, environmental, banking regulation, entertainment, and intellectual property matters.
In addition to her trial technician experience, Ms. McGuire has been a project manager for several well-known eDiscovery processing companies as well as a litigation support manager and paralegal for large law firms.
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