Ted Brooks, from Litigation Tech, brought this interesting article to the attention of Trial Consultants through a Linked-In reference story. “Courtrooms Now Aglow with High-Tech Methods for Telling Better Visual Tale” is a story that appeared in the Mercury News in California. This story offers an important trend analysis for any attorneys who practice before juries about their expectations regarding presentation of evidence. Given that both jury members and judiciary live in the same world of visual presentation, it is important to extend the story to include a discussion about interactive visual presentations (Hyperlinked Ebriefs) to the court as the final, most effective way to influence the court about your client’s case. Remember, judges are people too!
The Mercury News story discussed the growing trend of attorneys using technology in increasing amounts in order to win over the juries that are sitting in judgment of their clients. Attorneys are using the same technology that we are all accustomed to seeing on television – video and audio clips, large-format photos and synchronized deposition testimony – which are all designed to add a three dimensional, interactive presentation to the “audience” in order to keep them engaged.
In fact, the Santa Clara County district attorneys office has asked a technology consultant to prepare a presentation for his staff on the topic because “it is important to show and tell, not just tell”. Jury visuals help describe complex issues, keep parties attention and effectively provide context for often more boring documentary evidence. Some people feel that this is a move towards lowering the bar in order to “entertain” the jury, I believe it is the realization that we are a visual society and in fact, that we comprehend and retain visual evidence more easily than the written word.
"Juries seem to love visuals, even if it's just jury instructions,'' said Judge Jerome E. Brock, who hears criminal cases in Santa Clara County Superior Court. "I see it more and more.''
Given the growing acceptance of the influence that visual evidence has on juries, it is not a large leap to consider the impact a digital presentation can also have on judges and their clerks either for motion practice or post-trial submissions. When you have already spent money and time creating a visual presentation to the jury, it only makes sense to provide that information for further review by the judge, often the final arbiter of the evidence.
To that end, hyperlinked electronic briefs (Ebriefs) provide the missing link in your visual evidence presentation format. They provide instant access to all facets of your case presentation including: video and audio clips, demonstratives, exhibits, synchronized deposition and case law. The advantages that an EBrief offers your client should not be overlooked as part of your litigation strategy. I have provided extensive information on other blog posts about this issue. Remember, judges learn the same way we all do, visually!
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