"Using Technology In The Courtroom - 10 Questions to Ask Before You Pull Out the Laser Pointer"
Scherffius, Ballard, Still & Ayres, LLP
404-496-5628 (Atlanta office)
This presentation will be devoted to showing you various courtroom technologies that are available to assist you in presenting a case to a jury (and not to simply telling you about them). But before you use any kind of technology in the Courtroom, it is important to first ask yourself the following questions:
1) Will the use of technology assist the jury in understanding the case?
You are in a Courtroom for only one reason - to persuade the jury to find in favor of your client and to award damages. You should only use trial technology that helps you achieve that goal. Technology in the Courtroom is a powerful tool if used correctly. If used improperly, it adds nothing to the case and can distract the jury. As a general rule, there is almost always some facet of a case that can be improved by using technology. The rub is figuring out which part of the case can benefit from trial technology. You must rigorously examine your case and be sure that you are enhancing the case by using the various technological tools which are available to you.
2) Are you thoroughly comfortable with the technology?
Trial is not the time to figure out how to use your new computer! Before you present your case you must be intimately familiar with the technology you will be employing in the Courtroom. The only way to do that is to practice using the technology and integrating it into the proof of your case. You should practice until the use of courtroom technology is effortless and seamlessly flows with the proof of your case. Performing a retinal scan on the judge with your laser pointer, fumbling with the off/on switch on your ELMO, and determining that all of your trial images have been scanned in upside down and in a green tint, will not impress the jury or your client.
3) Are the witnesses thoroughly familiar with the technology?
In many instances, a direct examination can be vastly improved by using various video technologies that allow the witness to explain the significance of evidence. A doctor can explain the significance of medical films, an engineer can explain what is happening during a crash test, or an accident reconstructionist can walk the jury through an accident sequence displayed in an animation, all to great effect. But the impact of the presentation depends on making sure that the witness is comfortable using the technology. Be sure and spend adequate time preparing and training your witnesses on the use of whatever technologies you expect the witness to employ in the Courtroom.
4) Have you made proper arrangements with the Court and courtroom personnel to set up your technology?
Most judges are by now familiar with the use of video presentation technology in the Courtroom and welcome its use. Judges recognize - particularly in long or complex cases - that juries enjoy anything that makes trial less tedious. As a result, you will generally encounter little difficulty in making arrangements to set up your presentation technology in a Courtroom. Indeed, many newer Courtrooms are pre-wired for presentation technology and are configured to allow attorneys to fully exploit its use. Judges universally dislike surprises, however, so you must make arrangements well in advance of trial to setup the Courtroom. In addition, be sure and include not only the Court but any Courtroom security personnel on your list of individuals to check with prior to setting up your equipment.
5) Do you have a backup plan if everything fails?
Modern Courtroom technology is extremely reliable, particularly if you employ a legal presentation company to assist you at trial. Accidents happen, however, and you should always have a backup plan. In a multiday trial you can usually fix whatever problems arise during trial before the next day. In a shorter trial, a technology crash might force you to go to plan B - so it's a good idea to have a plan B. Employ the use of backup hard copies and an overhead projector if your hard drive crashes. Most of all don't let a technology 'snafu' throw you off your game. Most problems can be fixed quickly and you must remain focused on your case even if you face a minor technological glitch. Most importantly, do not allow the remote possibility that something might fail dissuade you from using technology in the Courtroom.
6) Have you done your evidence law homework?
The use of most modern technology in the Courtroom can be accomplished by laying a simple evidenciary foundation. You must be sure you are familiar with the foundational requirements before employing any kind of trial technology. The most persuasive graphs, animations, video displays, etc. will not persuade a single juror if the judge does not let you use them at trial. Don't get burned by failing to have a plan of admissibility for each and every item of evidence.
7) Are you presenting evidence you would not present if the technology was not available?
One danger of using technology in the Courtroom is a tendency to include too much information. Trial lawyers are adept at culling out useless or cumulative evidence that will not assist the jury. Because technology allows you to present voluminous evidence quickly, there is sometimes a tendency to present a piece of evidence "because you can." Be careful that you do not overwhelm the jury with too much evidence. Use the same good judgment you would use in deciding what's in and what's out that you would use if the technology was not available.
8) Have you remembered what you are good at in Court (and what you are not!)
Use technology to enhance your courtroom skills. If you are good at talking with jurors then be sure and allow the use of courtroom technology to enhance that skill and not replace it. Courtroom technology should allow you to better the things you are good at - and improve the things you are not. Take care to avoid hiding your winning and persuasive personality behind slides, graphs and charts. (Conversely, if the jury hates you then use as many charts, graphs and animations as possible!)
9) Does the case justify the use of the kind of technology you are employing?
If the damages merit the expense, the best Courtroom presentations can be made by a lawyer working in tandem with a legal presentation company. Obviously, not all cases justify that kind of expense. Be sure that the level of technology is commensurate with the magnitude of the case. Although numerous studies confirm that juries like and expect courtroom technology, it is still possible to have a case that is too heavy on flash and too light on substance. If your client is unbelievable, the damages are a stretch, the law is against you, and causation is shaky, don't expect courtroom technology to change the outcome. In short, remember the basics of putting together a good case before adding the refinements afforded by trial technology.
10) Are you emphasizing the strengths of the case with the technology you are using?
Remember that the reason you are in Court is to persuade the jury your client should prevail. If your case is strong on damages, make sure that you employ trial technologies that allow you to emphasize that aspect of your case. If you are weak on damages (go home) and strong on liability, then be sure and employ trial technology that allows your liability case to shine.
Now let's examine some of the technology available to you!
