Prolumina Trial Technologies Trial Briefs — Winter 2008

Is Opposing Counsel Out-Gunning You At Trial?

by Chris Hazelmann, President

In the ever-increasing technology-laden world that surrounds us, we have come to rely on and expect technology to facilitate every moment of the day. With all of the stimuli to which we are subjected during every waking hour, one must stop and wonder: how has this affected the expectations of today’s jurors, and how do changing expectations impact the way trial lawyers present their cases in the courtroom?

According to well-known psychological studies on learning and retention, the majority of the American population learns best visually. More than three-quarters of us are visual learners, largely due to the effects of the myriad “new media” technologies that define and inform our world.

It has been clearly demonstrated that the amount of information that can be recalled after three days increases dramatically when visuals are used to reinforce oral presentation. In addition, most news and information we receive today comes to us via electronic means, and it has been shown that we tend to inherently trust and to attach default credibility to information delivered via the “box.”

Recognizing this, it is natural that the best trial lawyers have adopted these trends to better their advantage when presenting in the courtroom. However, such changes raise some interesting questions.

As the Federal Court system was integrating high-tech courtrooms across the country several years back, a study published in “Monitor on Psychology” (Volume 32, No 9) raised an interesting point: how do courtroom technologies affect judges’ and jurors’ decisions? Staff author, Siri Carpenter, states “in determining what technological evidence is admissible in court, judges must rely largely on their own intuitions about the effects of the various technologies.”

Of course, most lawyers still question: “When it comes to technology in the courtroom, how much is too much?” Generally, experience has shown that technology greatly aids finders of fact and effectively reduces trial time, but only when used effectively and seamlessly. Some judges become exasperated when technology doesn’t work properly and will not allow any testimony and / or evidence to come in when presentation problems are not resolved in a timely manner. In a leading litigation support industry publication, Martin Beirne and Scott Marrs state “the more you stay plugged into technological advances, and use them to effectively communicate your case, the more likely you – and your clients – will meet with success.” (Law Technology News, November 2006). In another article in the same publication, Andy Seldon with the US District Court in Minnesota states: “When a courtroom is equipped with technology, the judge and jury expect lawyers to use it successfully […] you must be comfortable and facile [with equipment, and] technology should feel effortless.” (Id. June 2006)

While technology is becoming a vital part of the trial process, using technology effectively is not easy or natural for many attorneys. In a recent edition of the King County Bar Bulletin, I offered some tips on overcoming the fears that many lawyers feel when faced with presenting a case in the world of “new media.” They can generally be summed up in three important words: train, practice and test. (October 2007)

When it comes to putting on a case that provides jurors with the information they need in a clear and compelling manner, getting the support of a team skilled in presentation methodologies and technology is the best way to allay the fears that often arise as the trial date approaches.

To learn more about how Prolumina Trial Technologies can help you improve your effectiveness at trial, please call (888) 622-6722.

At Prolumina Trial Technologies, our singular focus is helping litigators improve their effectiveness in preparing for and presenting at trial. Our clients all share a common goal of being as prepared as possible for trial. We have a proven track record of helping attorneys clarify and simplify their cases and presenting evidence in the most effective way possible through the use of technology.