Do's and Don'ts of High Tech Presentations

By Andy Seldon
Law Technology News
July 6, 2006

Four years ago, our courtrooms in the U.S. District Court for the District of Minnesota were equipped with new technology tools, including digital document cameras, real-time feeds, video and audio conferencing, and more.

Since then, I've witnessed effective and ineffective use of courtroom technology by attorneys, support staff and trial consultants. Here are 10 common mistakes:

1. Failing to learn and exploit technology. When a courtroom is equipped with technology, the judge and jury expect lawyers to use it successfully. Simply knowing how to operate the technology is not enough; you must be comfortable and facile. And it's not enough to delegate -- even if you have experienced support staff or consultants handling the mechanics, you must demonstrate a solid grasp of technology if you are going to hit the mark.

Technology should feel effortless. Any interruptions, such as fumbling with controls on the document camera, can have a negative impact on the outcome of your case. If jurors perceive that you are a novice with courtroom technology, they may question your legal expertise as well.

2. Incompatibility. With advancements in hardware and software, it's now possible to use many different media formats from a single device, such as a laptop. Before you load up your laptop or external storage device with presentation tools, be sure that your equipment is compatible with the courtroom's technology.

For example, some laptops generate audio interference over some sound systems. Although most work fine, yours may require minor adjustments to display resolution or video refresh rates. Test your laptop well before your trial, so you can resolve any issues before they disrupt your case. As your trial date gets closer, you will have plenty of other things to deal with.

3. Objectionable evidence. It's easy to get mesmerized by the technological capabilities. But don't forget foundation requirements before you use any kind of trial technology. Verify the admissibility of every piece of evidence. If chain of custody is an issue, make sure you are able to explain and prove it from start to finish.

4. Going solo. In a complicated case, attorneys need to focus on their role, and leave management of litigation support technology to consultants or support staff. The earlier you bring these team members into the process, the better the production. Some may argue that handing this part of the case over to someone else will steal your thunder or confuse the jury, but a good courtroom technology consultant will be invisible.

And because they deal with problems on a regular basis, they can fix them -- or quickly switch to plan B. If your case is very document intensive, a bar code system established by the consultant will help you to control the presentation with very little effort.

5. Unprepared witnesses. Your witnesses also must be comfortable with your technology. Most will be nervous -- don't make it worse by failing to prepare them for what tools you will use during trial. The jury's impression of your witnesses (expert or lay) will be affected by how they interact with your technology.

6. Muddy waters. Using the latest technology tools doesn't guarantee that the information you present will be understood by the judge and jury. Help your audience see and hear your arguments. Be sure your fonts are big enough to be read from the jury box, and be careful of color choices -- some jurors may be color blind. Successful presentations usually require a combination of technology to generate the biggest impact.

For example, using audio recordings can be a powerful tool. But if you don't provide synchronized written transcripts the jury may not understand what was said.

7. Overusing technology. Just as clumsy use of equipment can hurt your case, overuse of technology can desensitize the jury. It is easy to get carried away, but just because you can present something electronically, doesn't mean you always should.

Be careful about how much physical space your technology consumes. In a recent patent infringement case, the parties used so many different types of display technology that it disrupted the flow of the case. Everybody was either tripping over it, or constantly moving equipment to keep the juror sight lines open.

8. No backup plan. Courtroom technology is reliable, but accidents and equipment malfunction can and will occur. If you have a long trial, you may be allowed to fix the problem during a recess. But if you have a short trial or a tight trial schedule, you may be required to immediately go to plan B. If you are presenting evidence from a laptop, be sure you have a backup laptop and backup external hard drive with the same files. If you are providing a projector, make sure you have a spare bulb.

Explain to the jury during your opening statement that various forms of technology will be used during the trial and that at some point equipment may fail, or a mistake may be made requiring a recess to get things back in order. Then if a mishap does happen in the middle of the trial, it isn't a surprise to the jury and they will be more forgiving.

9. Failing to make the necessary arrangements with court staff and checking the local rules. Judges dislike surprises, so be sure any modifications or additions to the courtroom technology are approved prior to use.

In one case, a party spent a lot of money on large posterboards, only to find out that they aren't allowed. Save yourself the embarrassment of explaining this mistake to your client by working closely with court staff. Most courts have online user manuals, local rules and contact information on their Web site, so check this valuable resource early.

10. Not matching the technology to the case. Juries like various forms of evidence display, but be sure the use is appropriate. In a document intensive patent infringement case, it makes sense to invest in a sophisticated cataloguing system such as bar coding. But if your case is simple, keep it simple. You don't want the technology to be the focal point of your argument. The technology should enhance your argument without getting in the way of your message. Studies consistently show that jurors are responsive to electronically presented material, and retain more information than in paper-based presentations. Create an advantage by effectively using the available resources.

 

Reprinted with permission from the July 2006 edition of
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