Making Good Use of Trial Director & Demonstratives in an Arbitration

Posted by Ken Lopez

TrialDirector, a trial presentation software package produced by InData, is an indispensable aid to the presentation of electronic and other evidence at trial. There is a reason why this product has claimed the majority of the market share for trial presentation software for more than 10 years: It can actually make it interesting for a jury or other fact-finder to listen to a witness testify about corporate balance sheets, long-ago emails, and other documents that can be fatally boring and lose the attention of the fact-finder.

trial director technology presentation

Read more here:

http://www.a2lc.com/blog/bid/51467/Making-Good-Use-of-Trial-Director-Demonstratives-in-an-Arbitration

Follow the Ten Commandments of Graphics Use in Trial

By Dr. Ken Broda-Bahm:

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A recent blog post written by a juror in the trial of Jim Fayed, a gold trader convicted of arranging the brutal murder of his estranged wife in a Los Angeles parking garage, included some rather colorful descriptions of the prosecutor’s use of demonstrative graphics:

…And then there were the assistant DA’s unnecessarily omnipresent PowerPoint slides. 

Here are some actual quotes:
.
“If Jim Fayed didn’t do it, who did? BATMAN?” Click: Batman slide.
.
“The defense is offering you a buffet of explanations.” Click: buffet slide.
….

Effective trial presentation is an art, and litigators should use every effective tool at their disposal to practice and hone that art. But when the techniques call attention to themselves is when “art” becomes “artiface.” Some would point to this example and say, “See! This is what happens when litigators wed themselves to PowerPoint and other presentation crutches in opening and closing.” But the problem in this case is not the use of visuals and PowerPoint, but the way they’re used

Read more here:

http://www.persuasivelitigator.com/2013/03/follow-the-ten-commandments-of-graphics-use-in-trial.html

6 Trial Presentation Errors Lawyers Can Easily Avoid

by Ken Lopez
A2L Consulting

In our view, many common techniques that lawyers use in making courtroom trial presentations actually represent very common errors.

“Error” is a strong word, since trial presentation skills and techniques are not an exact science. However, every litigator and courtroom professional should know that there is a strong body of evidence that supports the idea that these approaches are less desirable and likely to be less effective.

Don’t Split the Audience’s Attention..

Read more here:

http://www.a2lc.com/blog/bid/59802/6-Trial-Presentation-Errors-Lawyers-Can-Easily-Avoid

trial presentation errors mistakes avoid

24 Mistakes That Make For a DeMONSTERative Evidence Nightmare

Posted by Ken Lopez

demontrative evidence demonsterative halloween demonsteritive evidence

Demonstrative evidence is a general term for evidence introduced in litigation that is neither spoken testimony nor “real” evidence like an actual murder weapon. Demonstrative evidence is introduced in order to make evidence and facts in a case easier for the judge or jury to understand.

Here are some common mistakes to avoid.

  1. Waiting until it is too late. From the very beginning, plan your case with an eye toward its presentation to a jury. See our article on using a dual-track strategy in trial preparation.
  2. Cheating on your charts. There are many ways to lie using charts, including axis changes, using logarithmic scales, cherry picking data, and much more. These “black-hat” techniques are not only inappropriate but if you get caught, they are likely to draw sanctions or worse.

Read more here:

http://www.a2lc.com/blog/bid/60819/24-Mistakes-That-Make-For-a-DeMONSTERative-Evidence-Nightmare

How Does the Modality Effect Play a Role in Litigation Graphics?

Here’s a great article, recommended from a colleague, about how the modality effect works in multimedia learning.  If you’re a litigator in the 21st century, this is a must read.

Abstract:

The modality effect is a central issue in multimedia learning [see Mayer (Cambridge University Press, 2005a), for a review]. Sweller’s Cognitive Load Theory (CLT), for example, presumes that an illustrated text is better understood when presented visually rather than orally.

This article also widens the scope of the analysis of moderator variables (e.g. Pace of presentation, Type of visualization, Research group) as well as their potentially confounded effects. Finally, it is argued that, for theoretical reasons, the so-called modality effect cannot be based on Penney’s or Baddeley’s theories and must be explained in a different way.

See the entire article here: http://link.springer.com/article/10.1007%2Fs10936-011-9180-4

Journal of Psycholinguistic Research

An Infographic Lesson for Litigators

God's Curse SlaveryWe recommend to our readers a recent New Yorker article by Gareth Cook entitled Why Abraham Lincoln Loved Infographics. Cook’s New Yorker article discusses Lincoln’s “slave map” as an early example of an infographic.

Infographics—such as maps and charts that visualize data—are a powerful communication tool for litigators. As Cook explains, infographics take “information that is not easy for us to absorb … and put it into a form … that the brain can interpret with speed.”

Litigators can and should use infographics as a way to show patterns and suggest conclusions that would be hard to glean from presenting pages of numbers from spreadsheets. For example, by showing patterns of data, an infographic can lead an audience to a conclusion….

Read more here:

http://cogentlegal.com/blog/2013/10/infographics-lessons-civil-war/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CogentLegalBlog+%28Cogent+Legal+Blog%29

Simplify and Emphasize in Litigation Graphics

By

Rendering dropwise addition photo

In oral argument, a litigator has very limited time—she needs to hit the high points and move on. She must communicate enough information to convince the judge or jury of her argument, yet must avoid getting mired in details that will only confuse.

Good litigation graphics can counter this time crunch by allowing an attorney to communicate clearly and quickly. The adage “a picture is worth a thousand words” reflects the truth that our brains quickly process and understand images.

To support an argument, graphics should be tightly tied to the key points of the advocate’s message.

Read more here:

http://cogentlegal.com/blog/2013/10/simplify-emphasize-in-litigation-graphics/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CogentLegalBlog+%28Cogent+Legal+Blog%29