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The Modern Trial: Best Practices for Using Technology at Trial Through the Eyes of a Trial Technician

Travis Steven Hunter

Summary

  • As anyone who uses a computer knows, sometimes technology has problems. It often does not work as planned, and technological glitches are common.
  • So the question for any lawyer seeking to use technology at trial is “How can I ensure that my trial presentation runs smoothly?”
  • To answer this question, I interviewed the person who knows best—the trial technician I have worked with for 13 years. Read on for insight gleaned from this experienced "hot seat" operator.
The Modern Trial: Best Practices for Using Technology at Trial Through the Eyes of a Trial Technician
Maskot via Getty Images

Technology in the courtroom has become commonplace. In an era where almost everyone has a smartphone and can access multimedia at any time, jurors expect a technological trial presentation. Even during oral argument, more and more lawyers are using technology to share exhibits and organize arguments. Indeed, a well-designed PowerPoint can give the trier of fact a road map of an advocate’s argument, and a person who both sees and hears information retains far more than a person simply hearing.

But as anyone who uses a computer knows, sometimes technology has problems. It often does not work as planned, and technological glitches are common. So the question for any lawyer seeking to use technology at trial is “How can I ensure that my trial presentation runs smoothly?” To answer this question, I interviewed the person who knows best—the trial technician, or “hot seat” operator, I have worked with for 13 years. For those unfamiliar, the trial technician is responsible for pulling up electronic exhibits, playing the video impeachment clips at exactly the right time, and helping to run the trial graphics to ensure things stay on track.

In my practice, I have worked with the same trial technician, Daniel White, since my first trial. Daniel has been a trial technician for 18 years and has participated as the trial technician in 97 trials. He originally started in litigation support doing e-discovery (when e-discovery was still new) before transitioning to a courtroom role. As part of his trial support role, he works with attorneys of all different backgrounds in creating the trial presentation. If anyone knows how to keep a trial on track and avoid technological hiccups, it is Daniel, so I asked him about best ways to use technology effectively at trial.

What Types of Technology Are Commonly Used at Trial?

There are three main types of technology that attorneys commonly use at trial: (1) PowerPoint, (2) trial presentation software such as Trial Director or OnCue, and (3) video impeachment clips. PowerPoint decks are typically used during opening statements and closing arguments to keep the presentation organized and the audience engaged. Trial presentation software is typically used to display and highlight exhibits during witness examination. Using such software allows the trial technician to highlight specific words or phrases or enlarge text in an exhibit to make it easier for the trier of fact to follow. Finally, video impeachment clips are used to impeach witnesses who give trial testimony that is inconsistent with deposition testimony. One of the benefits of using video impeachment, as opposed to just the deposition transcript, is that it can show long pauses in answers or a witness’s temperament during the deposition.

What Are the Benefits of Using Technology at Trial?

The use of technology in the courtroom has expanded significantly over the past several years. The early use of technology at trial involved just displaying documents on a screen. Video impeachment clips have become much more common as attorneys have become more comfortable using Zoom or similar programs to take remote depositions. Remote depositions also brought down the costs of video-recording a deposition. As the access to technology grew, attorneys began to see the benefits of putting the new technology to use at trial. These benefits include helping to keep trials efficient and on track because technology allows easier transmission of information. Specifically, displaying electronic documents or using video impeachment clips can have the benefit of keeping the trial moving at a faster pace and helps make information more accessible to the judge or jury (who are likely used to seeing multimedia presentations as part of their everyday life). In addition, technology has become more common during oral argument. PowerPoint is becoming more common to highlight facts and evidence.

What Are the Downsides to Using Technology at Trial?

Using technology requires preparation. If the attorney or trial technician is not prepared, there can be issues. This is why practice helps. Practicing the examination with the technician in advance and watching the video clips that may be used are essential, and practice allows for a more seamless and integrated presentation. Another downside of using technology is that it is easy to do too much. Busy PowerPoint decks or graphics can be confusing and unhelpful. Finally, the biggest downside of technology is when it does not work. A good trial technician will likely have multiple backup systems ready in case of a system crash. But even then, anything is possible, so the attorney using technology at trial should be prepared to go with the paper record on a moment’s notice.

What Should Attorneys Do to Prepare for Using Technology at Trial?

As mentioned previously, preparation is key for using technology at trial. Nevertheless, trial technicians are not typically top of mind when it comes to litigation. There are, however, benefits in connecting with a trial technician early in the case, particularly during the discovery phase. Specifically, a trial technician will know what types of files are needed as part of a video deposition. Working with a trial technician can also help determine whether to prepare in advance “callouts” of certain important documents. It is also helpful to ensure that everyone is on the same page with respect to exhibits and the software used to display exhibits. Nothing is worse than an attorney having to page through a document live at trial—it burns time and makes the jury restless. In short, practice is the most important aspect of using technology at trial—particularly when the lawyer and trial technician may not have familiarity with one another.

What Types of Cases Lend Themselves to Technology?

Trial technology can be used in almost any type of case. But science and technology cases are fertile ground for the use of trial technology and graphics. In such cases, graphics can help to simplify complex concepts and create a more efficient trial presentation.

Conclusion

In sum, technology continues to expand exponentially, and more trials involve technology. When used correctly through practice and research, technology can assist with creating an effective trial presentation and make difficult concepts easier to follow and understand. And given that most people are now raised in a society where the use of technology is commonplace, it is becoming the expectation that lawyers know how to use technology in the courtroom.  

Note: The views expressed herein are the views of the author and not his firm.

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