TRIAL GRAPHICS
Turn Your Words into Pictures that will Make Your Case
Trial attorneys who present only oral arguments and witness testimony are asking jurors to perform a very difficult task: They are expecting jurors to remember and evaluate detailed and sometimes complicated information that they've usually heard in disjointed bits and pieces from multiple witnesses who may not be testifying in chronological (or any other apparent) order. Then add to the mix expert witnesses who may be using technical language to explain complex subjects with which jurors have little to no familiarity, and it's no wonder jurors have a hard time processing, deciphering, and remembering your case.
In truth, there's no way to eliminate all of these variables at trial. It's just the nature of the beast. But failing to use demonstratives exacerbates a trial's inherent problems and creates a barrier to understanding that no amount of oral argument or witness testimony can completely overcome. Here's why:
First, most people process, understand, and retain complex information best when it's delivered both aurally and visually. In fact, research shows that people typically forget what they hear and remember only what they've both seen and heard. So foregoing trial graphics just increases the odds that jurors will have forgotten some of your presentation (and/or part of your witnesses' testimony) before deliberations even begin.
Second, the human ego is self-protective. Jurors who hear expert testimony that they don't understand or who are subjected to long-winded oral arguments they can't fully remember will often decide that both the testimony and the arguments are "unimportant" rather than admit that neither their intellect nor their memory was up to the task.
The onus thus falls squarely on the trial attorney to address both problems, and while adding trial graphics to the mix steers jurors in the right direction, not just any graphics will do.
To truly combat both "aural amnesia" and fragile egos, litigation graphics must work in concert to do four things: First, courtroom graphics must clearly and briefly set forth your theory of the case. Second, they must clarify and reinforce your case themes. Third, demonstratives must present all case evidence (especially technical or scientific evidence) in the most understandable way. But most importantly, your litigation graphics must convince jurors that your theory of the case jibes with, conforms to, or reinforces their own understanding of "how the world works." Fail that and your entire trial presentation may fall on deaf ears.
Why? Because jurors are not blank slates. They come to court with a lifetime of experience and a whole host of attitudes, prejudices, and beliefs already baked in. You will not be able to change jurors' ways of viewing the world in the few days or even weeks of trial, so you must exploit their existing tapestry of beliefs and emotions to win. And that, as many a trial attorney has learned the hard way, is a lot harder to do than it looks.
But not to worry. We can help.
We create trial graphics that jurors understand, remember, and believe.
We do it by taking a 4-pronged, time-tested, case-proven approach:
First, we make the complex simple by using grammar school-level tutorials to explain even graduate-level subjects so that every juror understands the facts and evidence in your case.
Second, we design "Conceptual Graphics" that deftly exploit the intersection between your client's point-of-view and your jurors' worldviews, thereby increasing the odds that jurors will find your arguments both believable and persuasive.
Third, we find themes that reinforce your theory of the case and then illustrate those themes with images jurors can't forget.
Fourth, we tailor the medium to the message, to the courtroom, and to you so that your demonstratives are as easy to display and use in court as they are for jurors to understand and remember.
Decades of experience have proven that our 4-pronged approach to trial graphics works. Why? Because more than the type of case, the type of law, the venue, or the jury, it's the simplicity, memorability, and believability of your trial presentation that wins jurors' votes.
Ready to translate your words into the pictures that will make your case?
TESTIMONIAL
You can be sure I will always keep you in mind for pre-trial work or for early litigation considerations. I have seen some of the demonstratives...that other attorneys have used, and they are definitely nowhere near as impressive and reader-friendly as the ones I have received from you. Certainly, there is room here for an upgrade to Karyn Taylor-quality.
Richard H. Lee, Esq.
SALISIAN|LEE, LLP