20100830 power point truncated)

8/6/2019 20100830 Power Point Truncated)

1/59

Technology in the CourtroomTechnology in the Courtroom

11


2/59

Can be very helpful to judgesCan be very helpful to judges

Can increase opportunitiesCan increase opportunities

to control the proceedingsto control the proceedings to set time limitsto set time limits

To decide mattersTo decide mattersexpeditiouslyexpeditiously

22


3/59

Helpful to jurorsHelpful to jurors

Can increase sense ofCan increase sense of

participation.participation.

Can ImproveCan Improveunderstanding of facts.understanding of facts.

33


4/59

Speeds up proceedingsSpeeds up proceedings

Puts evidence in front ofPuts evidence in front of

everyone simultaneouslyeveryone simultaneously

More efficient display ofMore efficient display of

informationinformation

Allows easier visualizationAllows easier visualization

44


5/59

For attorneys:For attorneys:

Puts premium on concisePuts premium on concise

case theorycase theory

Requires thoroughRequires thorough

preparationpreparation

Less time for making itLess time for making itupup

55


6/59

Technology used in courtTechnology used in court

Three Levels of TechnologyThree Levels of Technology

1)1) Portable, brought in by attorneysPortable, brought in by attorneys

2) Built in to courtrooms2) Built in to courtrooms3) Special equipment reserved only for a few3) Special equipment reserved only for a few

trials, always brought in by attorneys,trials, always brought in by attorneys,

expensive or specializedexpensive or specialized

66


7/59

Level One TechnologyLevel One Technology

Evidence CameraEvidence Camera

Laptop Computer,Laptop Computer, IpadIpad, Phones, Phones

MonitorsMonitors,, Projectors,Projectors, ScreensScreens

Video printerVideo printer

Sound reinforcementSound reinforcement

Kill switchKill switch

Cabling, power bars, trip hazards and waterCabling, power bars, trip hazards and water

jugsjugs

77


8/59

Level Two TechnologyLevel Two Technology

Built in monitorsBuilt in monitors

Electronic whiteboardsElectronic whiteboards

Video ConferencingVideo Conferencing

RealReal--Time ReportingTime Reporting

Internet connectionsInternet connectionsSound systemSound system

Annotation EquipmentAnnotation Equipment

88


9/59

Level Three TechnologyLevel Three Technology

IPIXIPIX

Virtual Reality DisplaysVirtual Reality DisplaysLarge Scale VideoLarge Scale Video

3D TV3D TV

99


10/59

ExamplesExamples

Maxus Corp. v. Kidder, Peabody & CoMaxus Corp. v. Kidder, Peabody & Co

1010


11/59

Maxus Corp. v. Kidder, Peabody & CoMaxus Corp. v. Kidder, Peabody & Co

1111


12/59

A night to rememberA night to remember

1212


13/59

A night to rememberA night to remember

1313


14/59

Entering exhibitsEntering exhibits

Should from a disk that is capableShould from a disk that is capable

of being submitted as an exhibit.of being submitted as an exhibit.

The formatThe format

Write protection.Write protection.1414


15/59

Pretrial issuesPretrial issues

Shared use ofShared use of

equipmentequipmentDisclosureDisclosure

1515


16/59

Preparation for trialPreparation for trial

Arrangements with the courtArrangements with the court

Be prepared for failureBe prepared for failure

1616


17/59

Issues about EvidentiaryIssues about Evidentiary

ExhibitsExhibitsObjections due to:Objections due to:

CompletenessCompleteness

UnfairnessUnfairness

1717


18/59

Applying the Rules of EvidenceApplying the Rules of Evidence

Rule 102. Purpose and Construction TheseRule 102. Purpose and Construction These

rules shall be construed to secure fairness inrules shall be construed to secure fairness in

administration, elimination of unjustifiableadministration, elimination of unjustifiable

expense and delay..expense and delay..

1818


19/59


Rule 106. When one party introduces something, theRule 106. When one party introduces something, theother party may require any other part or any otherother party may require any other part or any other

writing or recorded statement which ought in fairnesswriting or recorded statement which ought in fairness

be with it.be with it.

1919


20/59


The Judges Guide cautions against theThe Judges Guide cautions against the

use of portions of documents thatuse of portions of documents that

eliminate margins or reshapes the exhibiteliminate margins or reshapes the exhibit

(p. 187)(p. 187)

2020


21/59

2121


22/59

2222


23/59

2323


24/59

2424


25/59

2525


26/59

Rules of EvidenceRules of Evidence

Rule 403Rule 403

Evidence may be excluded if itsEvidence may be excluded if its

probative value is outweighed byprobative value is outweighed byunfair prejudice, confusion of theunfair prejudice, confusion of the

issues, misleading the jury, byissues, misleading the jury, by

undue delay.undue delay.

2626


27/59

2727


28/59

PrePre--Trial ProceduresTrial Procedures

Comply with PreComply with Pre--Trial OrdersTrial Orders

Many court rules do not mention theMany court rules do not mention the

presentation of evidence or other materialspresentation of evidence or other materialselectronicallyelectronically

Covered by the general instruction to try toCovered by the general instruction to try to

stipulate to admissibility of exhibitsstipulate to admissibility of exhibits

2828


29/59

Review of Opposing ExhibitsReview of Opposing Exhibits

If you have any question about how the otherIf you have any question about how the otherside prepared its electronic exhibits, you shouldside prepared its electronic exhibits, you shouldrequest information regarding the software usedrequest information regarding the software usedand you should investigate the product.and you should investigate the product.

Compare the electronic images to the originalsCompare the electronic images to the originalsto determine potential distortionto determine potential distortion

Review all of the opposing demonstrativeReview all of the opposing demonstrativeexhibitsexhibits

Review for separate fairness any use of itemsReview for separate fairness any use of itemsthat morph from one thing to anotherthat morph from one thing to another

Scrutinize animationScrutinize animation

2929


30/59

Commercial sitesCommercial sites

Trial SolutionsTrial Solutions

http://www.trialsolutions.net/trialgraphics.htmhttp://www.trialsolutions.net/trialgraphics.htm

3030


31/59

How to torture an audience withHow to torture an audience withPowerPointPowerPoint

3131


32/59

1. Put every word on your slide1. Put every word on your slide

Many people tend to put every wordMany people tend to put every word

they are going to say on theirthey are going to say on their

PowerPoint slides. Although thisPowerPoint slides. Although thiseliminates the need to memorizeeliminates the need to memorize

your talk, ultimately this makes youryour talk, ultimately this makes your

slides crowded, wordy and boring.slides crowded, wordy and boring.You will lose your audience'sYou will lose your audience's

attention before you even reach theattention before you even reach the

bottom.bottom.3232


33/59

2. Create as many bullets as2. Create as many bullets as

possiblepossible

YouYou

shouldshould

avoidavoid

excessiveexcessivebulletbullet--pointing.pointing.

OnlyOnly

bulletbulletkeykey

points.points.

Too many

bullet-points

and

your key

messages

will

not

stand out.

In fact,

the term

"bullet-point

comes from

people

firing guns

at

annoying

presenters.

3333


34/59

3. Lack of Contrast.3. Lack of Contrast.

People need to seePeople need to see

some differencesome differencebetween thebetween the

background and thebackground and theletters on the slide.letters on the slide.

3434


35/59

Design PrinciplesDesign Principles

1. One message per graphic display.1. One message per graphic display.

2. The fewer words used the better.2. The fewer words used the better.

3. Avoid bullets.3. Avoid bullets.

4. Everything should have a purpose.4. Everything should have a purpose.

5. Exhibits as the basis of your displays.5. Exhibits as the basis of your displays.

6. Use color to convey meaning.6. Use color to convey meaning.

7. Reveal in a persuasive sequence.7. Reveal in a persuasive sequence.

8. Content over style.8. Content over style.

3535


36/59

NumberingNumbering

Slide and/or exhibit numbers will probablySlide and/or exhibit numbers will probably

be required by the court and are usefulbe required by the court and are useful

otherwise.otherwise.

To advance directly to a slide, simply typeTo advance directly to a slide, simply type

the slide number, and then press enter.the slide number, and then press enter.

3636


37/59

Formatting SlidesFormatting Slides

Maintain a consistent style and format.Maintain a consistent style and format.

Keeps them focused on the substance, notKeeps them focused on the substance, notthe form.the form.

Argumentative slides can be different.Argumentative slides can be different.

3737


38/59

Altering PhotographsAltering Photographs

Be prepared to describe to the CourtBe prepared to describe to the Court

exactly what you have done to aexactly what you have done to aphotograph.photograph.

This includes cropping and resizingThis includes cropping and resizingphotos.photos.

3838


39/59

Deconstructing SlidesDeconstructing Slides

You should get a copy of the PowerPointYou should get a copy of the PowerPoint

that your opponent uses and review themthat your opponent uses and review them

for inaccuracies.for inaccuracies.

Carefully comparing photographs, videosCarefully comparing photographs, videos

and documents to their originals isand documents to their originals is

essential.essential.

Determine if they are inappropriatelyDetermine if they are inappropriately

argumentive for that statge of the trial.argumentive for that statge of the trial.

3939


40/59

Displaying Documents onDisplaying Documents on

SlidesSlidesOutline documents with the smallest lineOutline documents with the smallest linepossiblepossible

Some computerS

ome computer--projector combinationsprojector combinationscut off the top, bottom, or sides of acut off the top, bottom, or sides of a

document.document.

When underlining text, a black line is oftenWhen underlining text, a black line is often

difficult to seedifficult to see-- use another color, likeuse another color, like

deep blue.deep blue.

4040


41/59

4141


42/59

4242


43/59

CommonCommonslideslide

designsdesigns4343


44/59

CallCall--outsouts

A photograph or a document are shown.A photograph or a document are shown.

An area of consequence is outlined, andAn area of consequence is outlined, andthen expanded.then expanded.

4444


45/59

Argument SlidesArgument Slides

Argument slides are used during Argument slides are used during

closing argument to persuade.closing argument to persuade.Only during appropriate timesOnly during appropriate times--

objectionable if used improperly.objectionable if used improperly.

Stylistic techniques that would not beStylistic techniques that would not be

appropriate during opening statements orappropriate during opening statements or

direct examination.direct examination.

4545


46/59

Preponderance of the evidencePreponderance of the evidence

equalsequalsTipping the scalesTipping the scales

4646


47/59

4747


48/59

Relationship ChartsRelationship Charts

Charts that allow you to highlight key factsCharts that allow you to highlight key facts

that support your arguments.that support your arguments.Animation can increase the persuasiveAnimation can increase the persuasive

value of the chart.value of the chart.

4848


49/59

Quinlan had

willing seller

Quinlan had

Buyer call Seller

Seller sold

to Buyer

Quinlan knew

possible Buyer

Seller owes

Quinlan the

commission

4949

hibi


50/59

Exhibit 1

Did Quinlan say:Did Quinlan say:

I want to see himI want to see him


Have him call meHave him call me


Ill call back laterIll call back later

Did Quinlan say:Did Quinlan say:Tell him its importantTell him its important

NONO

NONO

NONO

NONO5050


51/59

Decision treesDecision trees

Visual aids that demonstrate how a series ofVisual aids that demonstrate how a series of

choices led to a result.choices led to a result.

Powerpoint animation forces jurors to analyzePowerpoint animation forces jurors to analyze

decisions stepdecisions step--byby--step and prevents themstep and prevents them

from going straight to the conclusion.from going straight to the conclusion.

The lawyer can control the exact time thatThe lawyer can control the exact time thateach element is displayed.each element is displayed.

5151


52/59

Kanes ChoicesKanes Choices

Free

Free

Free

Free

Choice #1Talk at golfcourse

Choice #2Meet in

study

Choice #3Meet withreferral

Choice #4Accept dealwith NCW

YES

YES

YES

YES

NO

NO

NO

NO

PAY

5252


53/59

Relative Merit ChartsRelative Merit Charts

Each reason a higher duty (in thisEach reason a higher duty (in this

example) exist stacks up on one side.example) exist stacks up on one side.

The other side has a picture of the victimThe other side has a picture of the victimappearing at the bottom, symbolizing theappearing at the bottom, symbolizing the

absence of conduct measuring up to theabsence of conduct measuring up to the

duty defined on the right.duty defined on the right.

5353


54/59

Magnitude ofMagnitude of

RiskRisk

SuperiorSuperior

KnowledgeKnowledge

SuperiorSuperior

Awareness ofAwareness of

DangerDanger

Ability toAbility to

RepairRepair

Violation ofViolation of

company standardscompany standards

Violation ofViolation of

Industry Rules (ABCD)Industry Rules (ABCD)

ABCDs Duty Required

More Common Sense

Single Impulsive Act

They Have a Higher Common Sense Duty

ABCD

.

.

.

.

.


55/59

Time LinesTime Lines

Used when dates and times are importantUsed when dates and times are important

aspects of litigation.aspects of litigation.

Time lines remind jurors of how events tieTime lines remind jurors of how events tie

together and reinforce the overall theme oftogether and reinforce the overall theme of

a case.a case.

Be careful about scalingBe careful about scaling

5555


56/59

Where is the evidence?Where is the evidence?

1.1. Kane agreed to a brokerKane agreed to a broker

2.2. Kane received Quinlans letterKane received Quinlans letter

3.3. Broker did work on the dealBroker did work on the deal

4.4. $300,000 is a fair commission$300,000 is a fair commission

5656

Pl i tiff F t Pl i tiff F t


57/59

1.1. Kane agreed to a brokerKane agreed to a broker

2.2. Kane received Quinlans letterKane received Quinlans letter

3.3. Broker worked on the dealBroker worked on the deal

4.4. $300,000 a fair commission$300,000 a fair commission

Plaintiffs FactsPlaintiffs Facts

5757


58/59

Brian never said we had a

deal explicitly, but he alsodidnt tell me not to go forwardon his behalf, either.

I learned long ago in businessto keep my options open. I

thought, who knows what shemight come up with, so I saidnothing.

5858


59/59