Lights! Camera! Action! Verdict!
A Trial Team's Responsibility to Visually Entertain Using Demonstrative Evidence

Part 2 of 3 (jump to part 1 here or part 3 here)

Jurors’ Visual Memory

How do you make your case both simple to understand and entertaining? One obvious answer is to use demonstrative evidence when clarifying confusing material, distilling core concepts or to accentuate a point.

Jurors retain about 20% of the content of evidence presented from oral testimony alone. But when oral testimony is combined with illustrative demonstrative evidence, such as graphs, pictures or blow-ups of documents, jurors can retain up to 80% of the evidence being offered.

In a study designed to evaluate information retention achieved by groups of people, the groups were presented with information, tested on it after three hours, and then again after 72 hours. Those who received the information orally ("telling") remembered about 70% after three hours and only 10% after 72 hours. Those who received the information visually ("showing") remembered about 72% after three hours and 20% after 72 hours. The group that received the information both orally and visually ("telling and showing") remembered much better: they recalled 85% after three hours and 65% after 72 hours.

To ensure your juror remembers your argument by the time they begin deliberating, use visual demonstrative evidence to support your oral argument. At every opportunity trial lawyers must use overheads, charts, pictures and graphics to enhance, explain and summarize…witnesses’ testimony as well as its argument.

Entertaining the Jury and Demonstrative Evidence

The role of the trial lawyer is similar to that of a movie producer. The lawyer will show the life of another to be judged by one or many. Many similarities exist between producing a successful movie and winning a trial. A good lawyer is like a good movie producer in that they are both good storytellers. The recipe for a good story includes themes, suspense, emotion, a few hooks and a good ending.

You are responsible for conveying “plot” details (who did what, when, where in the context of the facts that led to parties’ litigating), cast of “characters ” (what part does each litigant and witness play), the sequence of events. Finally, you want the jury’s emotional response to your case to be within your control. Jurors are comfortable accepting information and remain more attentive and interested when given information via a television-like medium. Armed with this knowledge, you know you must present your case in the most digestible way.

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End of Part 2 of 3 (jump to part 1 here or part 3 here)