A Tip from the CEO: Trial Exhibits . . . There is More Than Meets the Eye Making Boring Chart Data Persuasive and Memorable

August 12, 2002
by Kenneth J. Lopez, J.D., President & CEO

Q:  How can you turn boring chart data into ultra-persuasive trial exhibits that no juror will forget?

A:  Arrange the data so that its shape tells your story. Animators at Law calls this Thematic Visual Messaging.

Animators' Litigation Consultants and Information Designers routinely use a visual learning technique called Thematic Visual Messaging to help persuade juries. I want to quickly teach you the basics of this trial exhibit technique so that you may use it effectively in your next trial or hearing.

In the Fall of 2001, our client, the Defendant Roche, needed to counter Plaintiff's allegations that Plaintiff did not know how a joint venture was proceeding. In truth, there were some 40 joint venture individuals/committees at Roche in which Plaintiff was actively involved.

Our Litigation Consultants, all of whom are attorneys, knew that a simple trial exhibit consisting of a list of 40 joint venture names/committees might suffice. However, this was a key point in the litigation and it needed to be crystal clear and unforgettable in the jury's mind. So, in consultation with our Animators at Law Information Designers, our Consultants arranged the list of names and committees in the shape of an eye with the joint venture project highlighted at its center.


The message left with the jury was strong and clear: In sharp contrast to Plaintiff's allegation that it had no idea how the joint venture was proceeding, our trial exhibits sent the strong message that Plaintiff could clearly see and it had to know how the joint venture was proceeding. Our consultants suggested that defense counsel not only show this demonstrative board but they literally say in court:

All eyes at were focused on the project.

This combination of oral testimony and demonstrative evidence using Thematic Visual Messaging left a powerful impression on the jury. The use of these visual teaching techniques cannot be overemphasized as they apply to a jury or any audience you are trying to persuade. Two statistics support this concept:

1) 65 percent of people learn visually (if you just say it, they don't get it);

2) An ABA study found that jurors are 650 percent more likely to retain information when visual exhibits are used in combination with information presented orally.