By Karyn J. Taylor
Goal #1: Make the Complex Simple
Great legal graphics are very simple. They are...
Easy to read
Easy to understand
Easy to remember
Even for graphics depicting technical subject matter, that rule applies.
Of course, making the complex simple isn't always an easy task. Most people are naturally inclined to say (or show) way too much on any one graphic. This "kitchen sink" approach may cut down on the number of graphics created but it only succeeds in overwhelming (or confusing) the jury with too much information.
More often than not, the kitchen sink approach is a direct result of not knowing exactly what you need to say (or show). Your goal is to persuade the judge or jury to see the case from your client's perspective but as the old saying goes, if you don't know where you're going, any road will take you there!
So the first step to getting great legal graphics is to take the time to figure out what your case story should truly be. Skip this step and your graphics may fail to deliver a clear message. Skip this step and your verdict may be in doubt.
Rather than play Russian Roulette with your graphics (or your case), follow this simple roadmap for a winning presentation every time.
Step 1: Craft Your "Logline"
The clearer you are about the story you're trying to tell, the clearer the message your graphics will convey. In Hollywood, screenwriters develop a "logline" – a one or two sentence description of the movie they plan to write – and use it to pitch their ideas to studio executives. Litigators would be well advised to do the same.
Whether you call it a "logline" (or just the "bottom line") boil your complicated case story down to one sentence: "This is a case about ____________." That one sentence will provide the spine around which you can then develop your Opening, your Closing and your graphics.
Not sure what your logline should be? Jury research (or an experienced trial consultant) can help you figure it out.
Step 2: Distill Your Bottom-Line-Take-Away Messages™
Once you've honed a concise, emotionally compelling case story, break it down into its component parts: Bottom-Line-Take-Away Messages. Those are simply the key messages your judge or jury must "get" to "buy into" the story you are trying to tell.
Not sure what your Bottom-Line-Take-Away Messages should be? Think of them as though they were newspaper headlines: "Police Overlooked Key Evidence"; "Contractor Errors Caused Construction Delays." Use those headlines as titles on your graphics and the jury will clearly "get" the messages your visuals are meant to convey.
Step 3: Simplify, Simplify, Simplify
Use the body of your graphic to illustrate the message in your title. But keep it simple. Don't obscure your thematic message by burying it under...
The "Terrible Too's" of Graphic Design:
- Too many words
- Too many fonts
- Too many colors
- Too many things going on
A graphic should be easy to digest. The closer it is to being self-explanatory, the better.
Step 4: Use Multiple Formats
Too much of even a good thing can backfire. A gazillion PowerPoint slides will be boring; 25 exhibit boards will be unwieldy.
Mix it up. A presentation that incorporates slides, exhibit boards, animation, video, 3D models and/or live demonstrations keeps the content entertaining, the pace brisk and the jury riveted. Use exhibit boards only for those graphics the jury needs to see repeatedly (e.g., a Glossary of Accounting Terms) or for those illustrations that are too large to fit comfortably (or legibly) on a computer screen. If you make your exhibit boards interactive (i.e., magnetic or dry erase), they'll have greater impact.Better still, bring samples or models into court and let jurors see and feel things for themselves. Live demos are best of all -- provided you can guarantee they'll work as planned!
Step 5: Think Conceptually
Reiterative Graphics that condense case facts and evidence into easily digestible portions can be invaluable in presenting complicated cases. But it's the Conceptual Graphics that work on an emotional level that truly help you win. Integrate Conceptual Graphics into both your Opening and your Closing to pack the biggest punch.
Goal #2: Stay within Your Budget
Grandma used to say, "An ounce of prevention is worth a pound of cure," and when it comes to legal graphics, those words ring true. No matter what your graphics budget, poor planning at the outset will ultimately cost you a bundle before the job is done.
It doesn't matter whether you're creating a "pie" chart, an animated tutorial or for that matter, a feature film, Broadway musical or TV show: the quality of the final "product" will be a function of two things: time and money.
This is an immutable Law of Production. It functions this way: if you need a quality product but have little time to devote to its creation, you'll have to spend more money in order to achieve it. That may translate into hiring extra help, hiring a higher caliber team from the outset or paying premium prices for quick turnaround on short deadlines.
Conversely, if you have the luxury of time, you can let the creative ideas unfold, wait for the light bulb to go on and achieve a quality product without spending a fortune on extra help, overtime or rush charges.
In truth, however, the choice is rarely yours to make. Even the richest clients typically operate on a budget.
So the only resource you'll really have at your disposal is TIME. Squander it and the cost of your graphics may rise dramatically. Squander it and the quality of your graphics will suffer too. The creative process can't be rushed. Great ideas usually don't all come at once and when they do, they still take time to implement.
To get great legal graphics at the lowest possible cost (whatever your budget), play by the following...
Rules of Production
Rule #1: Start Early
The single best way to keep graphic production costs down is to start developing graphic exhibits EARLY in the litigation lifecycle.
By starting early you will...
- Give your graphics team time to develop the
quality of graphics that will help you win
- Avoid costly mistakes and do-overs that can occur
under intense deadline pressure
- Avoid rush charges and huge shipping bills
In fact, this point is so important, it bears repeating: The single best way to BLOW your graphics budget is to wait until the last minute to get started!
Rule #2: Measure Twice, Cut Once
Carpenters live by that rule and litigators should too. If you don't plan your graphics carefully BEFORE beginning production, you may be forced to...
(a) Live with your mistakes or
(b) Pay a premium to correct them.
The reason is simple: a production is like a house of cards. Remove one card (or change one item in a graphic) and an unavoidable chain of events may occur sending your budget spiraling through the roof. Even making "simple" changes (e.g., changing the color of an illustration or the timing of an animation) can require scores of additional man-hours to complete.
To be safe, take serious heed of the following corollaries:
Corollary #1:
The later a change comes in the course of production (i.e., the closer to completion), the MORE it will cost to implement.
Corollary #2:
The more sophisticated the medium (or the larger the production), the more ANY changes will cost.
Goal #3: Think Value, Not Price
Given the enormous cost of going to trial, many litigants hire the least expensive graphic designer they can find. That approach can be self-defeating. Here's why:
Rule of Thumb:
The value of any graphic is determined not by its cost
but by its ability to persuade the jury.
A powerfully persuasive graphic can be as simple as a single sentence on a single PowerPoint slide. It costs next-to-nothing to produce but the concept behind it may be worth millions at verdict time.
Will the cheapest graphics team in town produce this winning slide? Maybe. But the odds are not in their favor (or in yours). Will any graphics team have better odds if you call them at the last minute? Definitively not.
Putting cost – in either time or money -- before value is tantamount to letting the tail wag the dog...with predictable results:
In determining where to spend your limited resources, then, consider the value of winning over the cost of losing. Losing puts your reputation, your ability to collect your fees, your ongoing relationship with your client, future referrals from your client and ultimately, your firm's financial health, at risk. It may also mean huge financial losses, downsizing, Chapter 11 or even dissolution for your client.
A popular adage in legal circles holds that, "Jury trials are a Crap shoot." We beg to differ. In this game (unlike in Craps), you have the ability to dramatically improve your odds.
It's a cost/benefit ratio worth considering because in any game, it's only fun when you win.
© The Strategic Image 2005
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