South Carolina Trial Law Blog

Another guest post from Alex Rosen of Rosen Litigation Technology. This time Alex is talking about the things NOT to do. Don’t forget to check out the last item after the jump. 

• Don’t try to be Hollywood: The application of courtroom technology is intended to keep attorneys organized and efficient.  Some attorneys will attempt to apply the technology in a fashion that brings “smoke & mirrors” concerns in jurors.  Use the technology to give you quick access to evidence and clearly highlight your key points.  Don’t use technology to embellish your case. 
• Don’t underestimate courthouse security:  1 year after 9/11 I worked a trial in a Federal Courthouse where security required non-counsel to show a court order every day of trial to bring in our equipment.  Without the court order, we would not have been permitted to bring in laptops or other presentation equipment.  Be sure to clear equipment requests with the judge’s staff and make every effort to inform security of your intentions to bring in equipment. 
• Don’t overextend your software:  Programs such as Microsoft PowerPoint and Corel Presentations are great for linear presentations such as opening/closing arguments or mediation/arbitration arguments.  However, for complex litigation and witness examination – the ability to display documents quickly and in any order illustrates to the jury that you are making an effort to be organized and efficient with their time.  Courtroom specific annotation tools such as TrialDirector, TrialPro, Sanction and others offer simple document annotation tools, video manipulation, and nonlinear exhibit access in one streamlined package. 

  
  



• Don’t nickel & Dime your tech needs: If a document pertains to your case, have it scanned and accessible from your presentation database.  If a video clip might be admissible, have it digitized and accessible.  A small investment in document imaging or video prep will often times save countless headaches and rush expenses at trial time. 


• Don’t overextend yourself:  If your trial involves hundreds of documents and graphic exhibits, or countless hours of video clips; trust the database and clip preparation to a qualified courtroom technology consultant so that you can remain focused on your case without distraction. 


• Don’t forget your manners: Sometimes technology has glitches that take time to correct.  Even the most unremarkable quips regarding the failures will be noticed by the jury and regarded as disrespectful to your associates.  On the extreme side, verbal attacks towards your tech staff result in a strong negative impression of your character by the jury as well as increased frustration from your technical associates. 


• Don’t set your cell phone to play “Dixie” and forget to turn it off during a jury trial: I’m serious; I’ve seen it happen.