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Practice Tip: Try Technology in Trying Cases

By Mark D. Wegener and Andrew Lazerow
June 28, 2004

Today, television has become the dominant medium for the dissemination of information and entertainment, and the trial lawyer who ignores this basic reality of American life does so at significant peril to his or her case. The effective trial lawyer will continue to rely on the timeless tactics of credibility, emotional appeals, and logic. Nevertheless, in order to persuade a jury effectively, the trial lawyer must deliver the case themes and facts in a way that is consistent with how jurors process information in our high-technology age.

There is no such thing as a case too small or too simple for use of technology. For example, in a complicated product liability case, courtroom technology permits the trial lawyer to present highly complex technology in a simplified form that reinforces witness testimony about the product. On the other hand, the use of technology in a simpler, run-of-the-mill case will serve to keep the jury's attention because the exhibits will be shown on the familiar medium ' a television.

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