Practice Tip: Try Technology in Trying Cases

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.

What courtroom technology is available?

• Digital visual presenters. These are high-resolution projectors that permit the trial attorney to zoom in on the critical parts of any document. Regardless of the other technology employed during a trial (such as an electronic document database), the trial lawyer should ensure that a digital video presenter is in the courtroom and ready for use at a moment's notice; it serves as a fail safe in the seemingly inevitable situation where a key piece of evidence is not available for publication (or cannot physically be published) to the jury through other technology.

Many courtrooms across the country now have these machines, but given their low cost (a portable unit costs approximately $1000), firms that try cases on a regular basis should purchase or lease one.

• Trial presentation software. A number of products on the market – including Sanction, Summation, TrialDirector, TrialPro, and Visionary – offer integrated applications designed for trials, such as electronic document organization, exhibit enhancement, and courtroom presentation.

Although each product has slightly different functionality, all permit the trial lawyer to store and recall case documents, highlight key exhibits, play videotaped depositions (or any type of video), and import animation and graphics for presentation.

• Real-time transcripts. Although originally used only for depositions, real-time transcripts have gained increased acceptance during trials. This software permits a party to watch the testimony on a laptop at the counsel's table as the court reporter types it. In addition to the obvious benefits of this technology, real-time reporting can now be streamed over the Internet to, for example, the lawyer's office. This capability is especially useful when a trial is out of town; by “watching” trial testimony as it happens, some team members can continue to assist the trial team remotely.

Technology should be used in all types of cases to describe and simplify the trial lawyer's case effectively. It is particularly useful in cases involving complex matters such as biotechnology, chemistry, medicine, or electronics. For example, in a recent dispute involving medical devices known as stents (which are inserted into veins to prevent clogging), an animation of how a stent works presented a complex area of medicine. Had the trial lawyer relied solely on witness testimony, or even actual video, the explanation would not have been as accessible to the jury.

Other matters also benefit from clear and concise presentations. For example, in a recent case, the impeachment of key witnesses with videotaped depositions devastated the party's case in a way that simply reading deposition transcripts would not have accomplished. Ultimately, it played a role in the judge's decision (in a bench trial) to find for that party.

Indeed, regardless of the underlying legal issue, technology permits presentation of any aspect of a case in a more persuasive and effective way than if the trial lawyer were to rely solely on witness testimony. It allows the trial lawyer to satisfy the jurors' desire to be entertained and their need to understand the evidence and argument by seeing and hearing it simultaneously.

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.

What courtroom technology is available?

• Digital visual presenters. These are high-resolution projectors that permit the trial attorney to zoom in on the critical parts of any document. Regardless of the other technology employed during a trial (such as an electronic document database), the trial lawyer should ensure that a digital video presenter is in the courtroom and ready for use at a moment's notice; it serves as a fail safe in the seemingly inevitable situation where a key piece of evidence is not available for publication (or cannot physically be published) to the jury through other technology.

Many courtrooms across the country now have these machines, but given their low cost (a portable unit costs approximately $1000), firms that try cases on a regular basis should purchase or lease one.

• Trial presentation software. A number of products on the market – including Sanction, Summation, TrialDirector, TrialPro, and Visionary – offer integrated applications designed for trials, such as electronic document organization, exhibit enhancement, and courtroom presentation.

Although each product has slightly different functionality, all permit the trial lawyer to store and recall case documents, highlight key exhibits, play videotaped depositions (or any type of video), and import animation and graphics for presentation.

• Real-time transcripts. Although originally used only for depositions, real-time transcripts have gained increased acceptance during trials. This software permits a party to watch the testimony on a laptop at the counsel's table as the court reporter types it. In addition to the obvious benefits of this technology, real-time reporting can now be streamed over the Internet to, for example, the lawyer's office. This capability is especially useful when a trial is out of town; by “watching” trial testimony as it happens, some team members can continue to assist the trial team remotely.

Technology should be used in all types of cases to describe and simplify the trial lawyer's case effectively. It is particularly useful in cases involving complex matters such as biotechnology, chemistry, medicine, or electronics. For example, in a recent dispute involving medical devices known as stents (which are inserted into veins to prevent clogging), an animation of how a stent works presented a complex area of medicine. Had the trial lawyer relied solely on witness testimony, or even actual video, the explanation would not have been as accessible to the jury.

Other matters also benefit from clear and concise presentations. For example, in a recent case, the impeachment of key witnesses with videotaped depositions devastated the party's case in a way that simply reading deposition transcripts would not have accomplished. Ultimately, it played a role in the judge's decision (in a bench trial) to find for that party.

Indeed, regardless of the underlying legal issue, technology permits presentation of any aspect of a case in a more persuasive and effective way than if the trial lawyer were to rely solely on witness testimony. It allows the trial lawyer to satisfy the jurors' desire to be entertained and their need to understand the evidence and argument by seeing and hearing it simultaneously.