Like the well-known character Pinocchio, some lawyers and their trial graphics experts are not always truthful. Unfortunately, their noses don't grow to reveal their deceit, so it's up to you to identify when they're being dishonest. This article aims to equip you with the tools to do just that—spot those who mislead with charts and trial graphics and, ideally, expose them in court. Alternatively, you could hire Persuadius to save time and energy, allowing you to focus on what you excel at.

Clarity and accuracy are crucial in a court of law, but trial graphics can be manipulated to distort the truth. Misleading charts and visual data presentations are often used to sway the judgment of judges and jurors, making it essential for legal professionals to be vigilant. Here are the top 10 tactics your opponent might use to mislead the judge and jury through trial graphics trickery, and how you can spot them.

1. Misleading Scales and Axes on Trial Graphics

One of the most common tricks in chart manipulation involves altering the scales and axes. By stretching or compressing the y-axis, a slight difference in data can appear much larger or smaller than it actually is. For instance, a bar chart with a truncated y-axis (which doesn't start at zero) can make minor differences appear significant. Alternatively, using non-uniform intervals on the axes can distort the perception of trends, making data points look disproportionately close or far apart.

Below, the creators of this chart wanted to create the impression that iOS has more market than Android. That's not true. I don't understand why, but it's not true. They achieve this by leaving off the bottom 75% of data and indicating that Android holds 85% (at least according to this chart) of the market. The actual numbers are roughly 71% (Android) versus 28% (iOS).

Defensive Tip: Always check if the scale is consistent and fair. A quick glance at the axis values and intervals can reveal if something is amiss.

2. Selective Data Presentation

Selective data presentation is another underhanded method in which only a portion of the data that supports a specific argument is shown, while data that contradicts the narrative is conveniently left out. This tactic may involve hiding certain data points or focusing on a subset that doesn't represent the complete picture.

Notice how the Y-axis data is entirely left out in this fundraising chart below.

Defensive Tip: Request access to the entire dataset and analyze it independently to ensure you see the whole story.

3. Manipulative Visual Enhancements of Trial Graphics

Visual enhancements like bold colors, 3D effects, and oversized data points are often used to draw undue attention to specific parts of the data, making them seem more significant than they actually are. By making particular data stand out visually, the presenter can subtly imply the importance that the numbers may not back.

The creators of this chart want to show that President Biden was nearly constantly on vacation—as if one could take a vacation as a president. Nevertheless, they cleverly mislead the viewer by including weekends in what would normally be a routine eight days per month off.

Defensive Tip: When reviewing these visuals, focus on the actual data rather than the eye-catching embellishments. Stripping away the visual enhancements can reveal the chart's true meaning.

4. Cherry-Picking Time Frames

Cherry-picking favorable time frames is another way to mislead an audience. For instance, a graph showing data over a few months rather than several years can make trends look stronger or weaker than they are. This tactic is often used to suggest a trend that only appears in a carefully chosen period while ignoring data from other periods that may contradict this trend.

Here is a screen capture of an old (2004) A2L climate change presentation created for a client who wanted to say it was not happening. The point is that the story seems very different when you look at different time frames.

Defensive Tip: Request data covering a broader time frame for a more accurate perspective. By examining longer-term trends, you'll be better equipped to judge the chart's legitimacy.

5. Complex Statistical Jargon 

Throwing in complex statistical jargon—like "p-values," "confidence intervals," and "regression analysis"—can create an illusion of credibility and scientific rigor. Many jurors, unfamiliar with these terms, may assume the data is reliable simply because it sounds technical.

The chart below may tell an interesting story, but I can't tell what it is. I think it shows that organs have been transported over a longer distance since 2016. But who can tell with terms like metric, median, mean, stratification, and nautical miles?

Defensive Tip: Break down the jargon and focus on the findings, not the complicated terms. Simplified explanations often reveal whether the statistics support the argument or are just there to create confusion.

6. Using Inflammatory Trial Graphics

Inflammatory visuals are designed to evoke an emotional reaction. Bright red colors, exaggerated icons, or dramatic images can make data appear alarming or urgent. This tactic shifts focus from objective facts to emotional responses, potentially biasing the jury.

I love (by that, I mean it's hysterical) this visual, which makes it seem as if Indonesian men could (on average) be used as small teddy bears by Dutchmen.

And here's a funny take on the same type of data.

Or how about this one? The red, the blood red, is designed to be inflammatory, and it's the kind of thing I see show up in court all the time.

Defensive Tip: Remind yourself (and others) to question the intent behind these visuals. Look beyond the dramatic elements and assess the raw data to determine if there's an objective reason to react strongly.

7. Improperly Grouped Data on Trial Graphics

Improper grouping can also be misleading. Data might be aggregated or divided in ways that conceal essential patterns or make unrelated data look like it belongs together. For example, combining disparate categories or separating naturally related ones can drastically alter the interpretation of a dataset.

Can you divine the relationship between drought, floods, and El Niño or La Niña? I cannot. However, the author clearly wants us to believe that there is a connection between those events and the weather in Somalia. Maybe there is, but I suspect there is a better way to show it if so.

Defensive Tip: Examine the categories used and ask why they were grouped in that way. If the categories seem inconsistent or arbitrary, the data may be grouped to create a particular narrative.

8. Trial Graphics: Overemphasis on Outliers

Highlighting outliers—data points that are significantly higher or lower than the rest—can create a distorted view of the norm. Focusing on a few unusual data points while ignoring the majority can make rare events seem like a frequent or significant trend.

Sometimes, you just have to use common sense when looking at data to understand that it is not correct. Looking at the news graphic below, ask yourself: Do you remember a time when gas prices were close to $.50 a gallon? There were instances of gas prices being as low as $.89 per gallon during the pandemic's peak, but that was not the national average, which was closer to $1.87 per gallon.

Defensive Tip: Consider whether the outliers are relevant to the case. They shouldn't be the basis for conclusions if they're not representative of typical outcomes.

9. Lack of Context in Trial Graphics

Without context, data can be meaningless—or worse, misleading. For example, presenting raw numbers without explaining relative significance can skew perception. Showing that a defendant's actions resulted in 10 incidents may seem impactful until you learn that the total data pool was in the thousands, making the impact minimal.

Here's a chart that purports to show America's excitement over Black Friday sales. But how does excitement get measured, and does it translate into actual sales? One does not know, and take my word for it, going to the source does not reveal the answer either. 

Defensive Tip: Always seek context for any numbers or trends shown in court. Ask for the baseline figures or broader comparisons to provide a clearer understanding.

10. Misleading Labels and Titles on Trial Graphics

Titles and labels on charts can create misleading narratives. A chart with an overly dramatic title or labels that exaggerate trends can lead viewers to a conclusion before they even look at the data. Titles like "Skyrocketing Incidents" or "Plummeting Profits" may steer the audience's interpretation, even if the data tells a more nuanced story.

Here, the chart authors clearly want to use emotion to shock the viewer. The graph is designed to create the impression that Planned Parenthood is performing skyrocketing abortions while wildly dropping preventative services, which are presumably OK with this group. They leave off the Y-axis to allow them to compare the two topics in seemingly related ways. However, if you look at the numbers closely, there is a slight increase in abortions and a massive decrease in cancer screening and preventative services, but you wouldn't know it without taking a closer look at the graph and the data on it.

Defensive Tip: Look beyond the title and labels and examine the data itself. If the data doesn't align with the headline, chances are it's meant to mislead.

Final Thoughts: Guarding Against Trial Graphics Trickery

In a legal setting, misleading graphics can sway the opinions of judges and juries, often without them realizing it. By familiarizing yourself with these common tactics, you'll be better prepared to spot potential manipulation in trial graphics and effectively counter it. Always question the presentation of data, seek the full context, and dig deeper than the visuals to uncover the truth.

Additional articles from Persuadius about trial graphics, litigation graphics, and messaging:

• 5 Demonstrative Evidence Tricks and Cheats to Watch Out For
• Trial soon? Schedule a meeting or run a conflict check to make sure Persuadius does not work for the wrong side
• Free Persuadius Webinar: 5 Ways to Maximize Persuasion During Opening Statements — Watch Anytime
• Litigation Graphics: A Game-Changer in the Courtroom
• The 12 Worst PowerPoint Mistakes Litigators Make
• Lawyer Delivers Excellent PowerPoint Presentation
• 7 Ways to Avoid Making Your PowerPoint Slides Your Handout
• 12 Ways to Eliminate "But I Need Everything On That PowerPoint Slide"
• 16 PowerPoint Litigation Graphics You Won't Believe Are PowerPoint
• The Redundancy Effect, PowerPoint and Legal Graphics
• The Effective Use of PowerPoint Presentation During Opening Statement
• Don't Use PowerPoint as a Crutch in Trial or Anywhere
• How Much Text on a PowerPoint Slide is Too Much?
• Do Professionally Designed PowerPoint Slides Get Better Results?
• Why Reading Your Litigation PowerPoint Slides Hurts Jurors
• Free ebook: Winning with Trial Graphics