In the courtroom, a picture can indeed be worth a thousand words. Trial graphics are revolutionizing the way jurors understand and retain complex information by transforming abstract concepts into tangible visuals. These graphics serve as powerful tools that break down intricate data into more digestible formats, making it easier for jurors to follow the narrative of a case. Whether it's through detailed charts, immersive 3D animations, or interactive timelines, trial graphics play a crucial role in bridging the gap between complicated evidence and juror comprehension, ultimately enhancing the overall effectiveness of legal presentations. The Evolution of Trial Graphics in Modern Courtrooms The use of trial graphics in courtrooms has evolved from simple chalkboard drawings to sophisticated digital presentations. In the early days, trial graphics were rudimentary, often consisting of basic sketches or hand-drawn diagrams on chalkboards or paper. These early trial graphics served the basic purpose of illustrating key points in a case, helping to clarify testimony and evidence for the jury. However, they were limited in scope and detail, often requiring significant explanation from attorneys to convey their full meaning.
The collaboration between litigation consultants and trial attorneys is essential for crafting compelling litigation graphics that clearly convey critical points during a trial. I've witnessed trial teams reviewing 20 or more versions of a single graphic. This isn't a drawback; it's a strength. In my view, this iterative process is the optimal approach, provided there is sufficient time to refine the graphics. The Importance of Teamwork in Litigation Graphics Creating compelling litigation graphics is rarely a solo endeavor. It requires the collaborative efforts of litigation consultants, litigation graphic artists, and trial attorneys. Each party brings a unique set of skills and knowledge to the table. While the attorneys are experts in legal concepts and case specifics, the consultants have specialized skills in visual communication and design. Teamwork ensures that the litigation graphics are not only accurate but also compelling. This synergy often leads to innovative solutions that neither party could have achieved independently. The back-and-forth dialogue helps to refine ideas, making them more effective in conveying the intended message to the jury or judge.
This is by far the most important e-book we have ever launched, setting a new standard in the industry with its unparalleled depth and breadth. Spanning an impressive 559 pages, it encompasses nearly everything we know about the art of persuasion through trial graphics and litigation graphics. I am beyond excited to introduce this revolutionary book for 2024. The book is titled Winning With Trial Graphics and Litigation Graphics: A Trial Lawyer's Handbook, and I am thrilled to unveil it to trial attorneys and their support teams. This e-book is an updated edition of our highly acclaimed 2014 version, which has set the benchmark in the industry for the past decade. In this new release, we’ve enriched the content with over 100 fresh articles on trial graphics, litigation graphics, storytelling, and the science of persuasion, making it an invaluable asset for legal professionals. You can download this 559-page book without any obligations by clicking here.
Trial graphics are a crucial component of presenting a compelling case in court. From timelines to charts to animations, visual aids can help simplify complex information and make a strong impression on a judge and jury. To ensure your trial graphics are compelling and enhance your legal argument, here are seven hard-and-fast rules to follow: 1. Keep it Clear and Concise: One of the most important rules for trial graphics is to keep them clear and concise. Avoid cluttering your visuals with too much information, and highlight key points supporting your case. Use simple language and visuals that are easy to understand at a glance. Follow my 20/20 rule. Use a maximum of 20 words on any slide, hopefully fewer, and be sure that the entire slide can be understood in less than 20 seconds. Again, hopefully, fewer. Never use a type size below 28 points. See 12 Ways to SUCCESSFULLY Combine Oral and Visual Presentations. 2. Use Visual Storytelling Techniques Visual storytelling techniques are powerful tools for conveying complex information in a compelling and easy-to-understand manner. Using images, graphics, and multimedia elements, visual storytelling can captivate an audience and make a lasting impact. Especially in trial graphics, visual storytelling techniques can enhance engagement, evoke emotions, and effectively communicate a message. Storytellers can create narratives that resonate with their audience and leave a memorable impression through strategic use of visual elements such as color, typography, and composition. See Crafting Compelling Legal Arguments Using Storytelling Techniques — Paint a Picture for Your Jury. 3. Do NOT Stick to a Consistent Design: Contrary to what an artist without a background in persuasion science will tell you, consistency is NOT crucial in trial graphics. It's not a beauty contest—it's a persuasion contest. And the best way to persuade is by keeping your audience engaged and curious. Please do not use the same template on every slide. Switch up your colors, move the title bar around, and change fonts and styles. All of this will keep your audience guessing and more engaged. See Could Surprise Be One of Your Best Visual Persuasion Tools?
PowerPoint does funny things to people. For some, it is an amazingly accessible creative space to deliver important messages powerfully and persuasively (see Wait, Why is Powerpoint Cool Now). For others, it is a place to advertise how little they know about persuasion science. Think of this article as a fun challenge reminiscent of the games found on cereal boxes from your childhood. Your task: spot the persuasion-killing mistakes on the slide above, then compare them to the ones I've highlighted below. I've already embedded numerous persuasion pitfalls in the text, making it easier for you to identify them. Let's see how many you can uncover and elevate your persuasion game. Hopefully, this slide doesn't resemble your Trial Graphics/Litigation Graphics. If it does, you should contact me or press the request conflicts check button in the corner. In any case, I hope this article helps you and helps elevate the art of persuasion.
I am delighted to announce the release of Persuadius's latest free litigation e-book, Trial Technicians, Hotseaters & Trial Technology 2024, designed for trial attorneys and their support staff. This e-book is a follow-up to the popular 2014 version that has been the industry standard for the past 10 years. We have added over 30 new articles on trial technicians, hotseaters, and trial technology, all included in this latest release. You can download this 153-page book without any obligations by clicking here. This book contains 60 articles carefully selected from Persuadius's extensive collection of posts related to litigation and technology. Each article is relevant to high-tech trials in some way, covering topics such as hiring a hot seater, establishing a good working relationship with them, and effectively utilizing trial technology. The book is filled with valuable tips that will benefit both novice litigators and experienced professionals.
I'm absolutely thrilled to announce the release of Persuadius's latest free litigation e-book, The Opening Statement Toolkit v2. Version 1 (2015) was our most popular ebook of all time, with many litigators telling me, "This is essential reading." You may now download this new book without strings attached by clicking here. In this 271-page book, you will find 80 articles curated from Persuadius's massive collection of posts related to litigation and persuasion. Each article relates to opening statements in some way. From organizing the opening to the use of storytelling techniques to persuade, the book contains an amazing array of tips that will prove valuable to the novice litigator and the veteran alike.
When presenting your case in court, demonstrative evidence (interchangeably referred to as litigation graphics or trial graphics) can be a powerful tool to help convey complex information to a judge or jury. Demonstrative evidence includes visual aids, physical objects, and multimedia presentations that help illustrate key points in a case. Here are 11 timely tips for effectively using demonstrative evidence in trial: 1. Keep it simple: Remember that less is often more when creating demonstrative evidence. Keep your visuals clear and concise, focusing on all key points of your case. Avoid cluttering your presentation with unnecessary details that could confuse or distract the audience. See Litigator & Litigation Consultant Value Added: A "Simple" Final Product 2. Use a variety of formats: Consider using a mix of visual aids, physical objects, and multimedia presentations to keep your audience engaged. Different formats can help reinforce your message and cater to various learning styles. See 5 Ways to Apply Active Teaching Methods for Better Persuasion 3. Call Persuadius: Many organizations and publications have voted us the best demonstrative evidence provider in the country. Contact us at 800.847.9330 or contact@persuadius.com. See also Why Work with Persuadius?
If you’ve been following our blog for a while, you may have let some amazing posts slip under your radar. With over 12 years of blog posts and an impressive 850 entries, it’s easy to miss a few hidden gems. That’s why we’ve compiled this curated list of captivating blog posts that deserve recognition.
80% of jury trials are won or lost in the opening statement. 80%!!!!!! If you lose to your opponent in opening statements, your chances of winning the case become very slim. Over the past 25 years, I have participated in the drafting of hundreds of opening statements. Sometimes, it's 20% me (and others) and 80% first chair trial counsel; sometimes, it's the other way around. No matter what, it is always a collaborative process. And it's one of the things I enjoy most about my job. Reflecting on these 25 years, I offer twenty-one tips for writing and presenting a winning opening: Simplify, simplify, simplify. The opening statement can’t be too simple. Many people say ninth grade is your audience, but I would suggest sixth grade. Since those of us in the legal industry tend to hang around smart people all the time, writing or speaking at that level is hard. The only way to do it, unless you happen to have a very patient sixth grader on hand, is through practice in front of a trial consultant. See Litigator & Litigation Consultant Value Added: A "Simple" Final Product Tell a story. We have many storytelling resources, specifically Storytelling for Litigators and The Opening Statement Tool Kit. My colleagues and I have spent years putting these FREE guidebooks together, and there's nothing else like them. See also 5 Ways to Maximize Persuasion During Opening Statements - Part 2 I am often asked how long my opening statement should be. I think your opening statement should be less than 45 minutes. Nothing is magical about that number, but I feel it's about as long as people want to pay attention to something. It's no accident that many shows and college classes are offered in 50-minute segments. When was the last time you didn't fidget with your phone during a full-length movie? Sidebar: I feel like there should be a list of movies that are easy to watch while playing on your phone.
During his lifetime, I often reached out to Steve Jobs, the ex-CEO and co-founder of Apple, seeking business insights. While he never replied, I always sensed a shared perspective. I am confident that his guidance would have always emphasized the importance of prioritizing quality to attract the ideal clientele. This principle held true during the inception of Animators at Law, which later evolved into A2L Consulting and now continues as Persuadius. My deep-rooted admiration for Apple dates back to before the groundbreaking launch of the Mac in 1984. Through thick and thin, my unwavering love for Macs and the company has been a constant. I attribute a significant portion of my success to the Mac, as its accessibility to graphics empowered me to delve into courtroom animation while in law school in the early 1990s. This initial spark later blossomed into establishing a trial graphics firm, which then transitioned into a jury consulting enterprise, a trial technology firm and ultimately a litigation consulting powerhouse.
As a trial lawyer or someone working close to one, you may already be familiar with trial technicians and hotseaters. These professionals provide essential technical support during trials, ensuring everything runs smoothly. They usually sit adjacent to counsel's table and run your trial presentation, including the displays of exhibits and demonstrative evidence. However, you may not know that trial technicians and hotseaters possess a host of hidden skills that go beyond their technical capabilities. Here are some of the hidden skills of trial technicians and hot seaters that you never knew about: 1. They Dress Appropriately If you are in court, you should dress like you are in court. To me, a lifelong Virginia/DC resident, this means white, blue, or cream shirts, a dark suit, and a conservative tie. Black shirts, light-colored suits, and loosely knotted or holiday-themed ties are a no-go at Persuadius. But each trial team has its own style. It is essential to blend in with your trial team. Good trial techs and hotseaters know this intuitively. They want to avoid making a fashion statement in a courtroom or standing out. They want to blend into the background. 2. Some Trial Technicians Are Designers, But It's Rare A rare breed of trial technicians or hot-seaters can also create (sophisticated) demonstrative evidence, usually in PowerPoint. These multifaceted individuals typically start as designers and become trial technicians/hot seaters. This is a beneficial talent. They typically cost more per hour because of these individuals' rarity. Still, they allow the trial team to create exhibits mid-trial instead of simply showing documents and doing live callouts.
I often talk about what not to do, but sometimes, I must remember to mention what you should do to achieve success at trial. In honor of leap year 2024, I have written this article offering 29 tips for successful trial preparation and execution. You can use this list as a checklist to compare yourself to your peers. I did not develop these ideas alone. Instead, they come from my experience working with the best of you over the past 30 years. 1. Conduct a mock trial. The very best litigators always conduct a mock trial when at least $10 million is at stake. Mock trials are a critical part of the Persuadius service offerings. If you want to discuss one, I invite you to email me (ken@persuadius.com) or call me (1-800-847-9330) or, ideally, fill out a client conflict check form by clicking the purple button in the upper right corner of this page. Only three people, including me, see those. 2. Conduct more than one mock trial. The ideal number is three, and that's precisely what I have observed the best trial lawyers do. It's not always affordable, but more than one mock is mandatory for cases with $25 million or more at stake. The only thing that varies is the investment in each mock trial. If $100 million or more is at stake, every mock should have every investment possible (i.e., a proper mock facility, a two-day or three-day mock, live witnesses, opening and closing statements, etc.). 3. Collaborate with litigation consultants who bring experience and insights to trial preparation. With a track record of handling hundreds of trials, we have witnessed exceptional and lackluster attorney performances. We aim to share valuable knowledge and advice, not lecture or boast about expertise. Drawing on the collective wisdom of countless cases, we strive to support you in crafting a solid and effective trial strategy. Litigation consultants can be exceptionally helpful when developing your opening statement. 4. Build a solid opening statement. In 30 years, I haven't seen anything to convince me that the opening statement is not the most essential part of the case. Some studies say that 80% of jurors make a decision about who will win after hearing opening statements. When done correctly, it should take months to develop an opening. It should be tested many times in whatever way your client can afford. We've written extensively about this. This topic is wonderfully covered in our opening statement toolkit ebook. See The Opening Statement Toolkit.
I have the privilege of working with some of the most skilled trial lawyers in the country. They are an impressive group, possessing extensive knowledge of the law, unwavering work ethic, and expertise in the courtroom. In addition, they have an intangible charisma that allows them to command a room the moment they enter. Great trial lawyers can establish a magnetic rapport with judges and jurors that is awe-inspiring and hard to explain. As a trial consultant, we should observe this connection and let it propel us to victory. Because of this natural charisma, many top trial lawyers worry that when they use PowerPoint slides to supplement their opening statements, judges and jurors may lose the personal connection they have worked their whole lives to learn. They point out, or I observe, that judges' and jurors' attention is often still fixed on the screen, even if they want to move on to the point not included in the slides. Should the jurors continue focusing on the screen or shift their attention to the lawyer? I know what we want them to do, and all too often, they do the opposite. This is no trivial concern. There is something called the split attention effect, where audiences need help figuring out where to look and end up not remembering anything. There's also a closely related redundancy effect describing when lawyers show and read text. Again, the audiences remember less than they would have had you shown or read the text. You are not alone if you do this. I counsel on this topic very often.
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