South Carolina Trial Law Blog

We have a special treat today. A guest post from Alex Rosen of Rosen Litigation Technology.  Alex assists lawyers with the technology needed for trial presentations. He also has networking people and is a certified Amicus Attorney consultant. On with Alex’s post:

• Drive the system yourself:The best courtroom technology consultant remains completely invisible to the jury.Constantly turning to a tech-person to say “Please bring up exhibit XX” or “Please take that down” can be seen as inefficient when contrasted with an attorney that is in control of the presentation. I use a system with my clients that keeps me completely in the background; only present to help out when issues arise. Exhibits, images, video clips, and documents are all assigned barcodes, and the attorney is armed with a wireless barcode gun to enable free roaming around the courtroom. This system is becoming a new standard in courtrooms around the country because it is the simplest method to grow from the traditional publishing of documents to a nonlinear digital presentation. While it requires a fair amount of preparation when compared to other options, it appears seamless in the courtroom – the only time the jury sees it.
• If you intend to use video deposition testimony at trial, have your video depositions synchronized to their transcripts. This creates a tool which allows you to quickly and easily create deposition clips, search depositions for pertinent words, and impeach a witness with alarming results.The power of impeachment via video far surpasses that of traditional methods. In addition, the closed captioning that comes along with the video presentation at trial ensures that the jury understands clearly the witness’ statements. Typical Video Synchronization ranges from $200-$400 per finished hour of video.
• Use a variety of graphic communication methods: The best trial lawyers I have seen keep the jury interested by using the projector, foam core boards, Elmo and easel & marker in constant variety to keep the jury wondering “what’s he/she going to use next?

  
  



• Test your equipment: It seems like common sense, but I have seen too many attorneys show up in the courtroom with a presentation prepared on their laptop, and discover last minute compatibility issues. There is a known issue regarding interfacing certain Gateway laptops with projectors, but many litigators are not aware of this until it catches them in the courtroom. In addition, many attorneys now use high-quality wide-screen laptops that require certain settings to properly display on normal aspect ratio projectors.


• Have backups for your backups: I never go into the courtroom with less than 2 computers. I also keep every aspect of my client’s case on CD-ROM, and on a 512 MB USB thumbdrive so that I can quickly move files. I always have a spare bulb for my projector on hand. I bring extra cables, extra power strips and anything else I can think of that might go wrong in the courtroom.Murphy’s Law should be the first one they teach in law school.


• Elmo is your friend: There is no better backup than an Elmo. However, the Elmo should be used as a supplement to your presentation system – not the backbone.


• Keep an open mind: Just because something is new and different, don’t wait for your opponents to try it first. Test out new equipment before going into the courtroom and weigh out its advantages over traditional methods. To some jurors, closed-minded attorneys may look unprepared because of opposing counsel’s superior application of technology.


• Err on the side of caution: Make every attempt to cover your bases, because it is always better to be over-prepared than the alternative.

Nice job Alex.

As far as "drive the system yourself" I agree, to an extent -- but it's imperative to note that this requires more involvement from the attorney during preparation, and precise coordination that (in my experience) isn't always a priority on the nights leading up to any given witness. Trial Technology has made a lot of things easier, but the need for meticulous planning hasn't changed, and it's often easy for an attorney to think that technology will just work.

"To some jurors, closed-minded attorneys may look unprepared because of opposing counsel’s superior application of technology."

I used to think this was the case as well, but my experience is that Jurors are focused on the evidence, more than how seamlessly it is presented. A more perfect presentation certainly can't hurt, but it's nowhere near as important as the quality of the demonstratives and the evidence in general. I've never worked alongside someone for an opposing counsel who seemed to have a grasp on the technology, and in the end -- barring a major technology disaster -- the Jury just doesn't seem to be affected by a seamless presentation vs. an instance where the "tech guy" is utilizing a visible tool bar, for instance.

While it's nice to believe that an invisible presence is the "clear plastic binder" that will make a difference, my belief is that it's more important that I do everything I can to make the Lawyer's life easier (while disturbing them as little as possible) and that that will make more of a difference in front of the Jury. The less he/she has to think about or deal with technology, the more impressive he/she will appear in front of a Jury.

I do agree with most of your other points.