Guest Post By Julie Brook, Esq.
Modern technology has had a major impact on the way that we do almost everything. It has changed the way that attorneys develop and present evidence as well as the manner in which they present and argue cases at trial. Because judges and jurors will more likely remember a vivid visual presentation than a complex and dry presentation of the raw data in documentary or testimonial form, attorneys need to integrate visual presentation techniques into their cases.
The evolution of modern technology has provided new and better tools for use in court presentations and created a universe of judges and jurors who live in a multimedia world, respond favorably to such presentations, and expect to receive information that way.
For example, in the past, an attorney might have presented eyewitness testimony about an accident, supplemented by a diagram of the scene. Now, the same attorney may offer a professionally produced video presentation depicting the accident scene, the vehicles involved in the collision, and the collision itself (including appropriate sound effects). Eyewitness testimony would lay the foundation and authenticate the simulation as an accurate representation of the witness’s observations.
Most people absorb information faster when they receive it with a supportive visual component, so augmenting oral argument and testimony with visual presentation techniques can facilitate the communication of information, resulting in judges and jurors who understand the relevant facts faster and much better. Visual presentations can vividly show in a few minutes what one or more expert witnesses might require hours to explain (less understandably) through their testimony.
Regardless of what they think about these presentation techniques, attorneys will have to deal with them more and more in the near future. Attorneys will have a simple choice: Either learn to use this technology or concede a substantial advantage to opponents who can and do make effective use of it.
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A version of this blog post originally appeared on Continuing Education of the Bar (CEB)’s blog.
CEB has many law practice guides that discuss the use of technology in legal practice, including Persuasive Opening Statements & Closing Arguments and Handling Expert Witnesses in California Courts, which discusses the use of technology for exhibits and expert demonstrations.
CEB also has a program that covers the use of technology in court presentations — Jeff Allen and Tony Vittal on Integrating Technology into Your Law Practice, which is available On Demand.
Julie Brook has been a Legal Editor with CEB since 1995. Before that, she practiced civil litigation with Landels, Ripley & Diamond in San Francisco. She is a community mediator and a volunteer arbitrator with San Francisco’s Department of Human Services.
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The views, opinions, positions or strategies expressed by guest authors are theirs alone, and do not necessarily reflect the views, opinions, or positions of Armstrong Forensic Engineers or any employee thereof. Armstrong Forensic Engineers makes no representations as to accuracy, timeliness, suitability, or validity of any information in a guest post.
