Though the world has become more tech savvy out of necessity during the pandemic, the use of technology at trial has been a longstanding evolution. Some still prefer—and there is still value to—the use of white boards, eisels, and overhead projectors. Others opt for no visuals at all. But there is a valuable role that slide presentations and graphics can play in helping you become a more effective storyteller.
What’s Graphics Got to Do With It
A few ways to consider using graphics at trial are:
- timelines;
- introducing and reinforcing trial themes;
- telling “the rest of the story” about particular facts or challenging evidence;
- putting faces to names for key witnesses;
- cuing the jury to retain important concepts;
- grabbing the jury’s attention;
- highlighting key documents or pieces of evidence;
- visually demonstrating that the other party’s expert is “on an island”;
- distilling concepts for the jury;
- using pictures of anatomy to simplify complex medical conditions or procedures; and
- visually demonstrating the legal standard or burden of proof.
As you consider if and how you want to use graphics to tell your story at trial, make sure to keep things simple. You want the graphics you use to be easy to understand and not distracting to the jury. Also keep in mind that not all courts allow graphics or presentations during any phase of trial, so it is important to know your jurisdiction and the rules of your courtroom. Some attorneys find it helpful to use graphics in their own preparation as cues to themselves as they tell the story even if they cannot or do not show them to the jury. Brainstorm with your team the different ways graphics may be helpful or applicable to your particular case and storytelling style.
Overall, however, the most important consideration is what you can do comforatably and confidently. If you are concerned about using graphics to tell your story at trial, it is probably not worth it. At the end of the day, follow your gut, but be familiar with the options available to help tell your story more comfortably and confidently, work with technology over time to get more comfortable with it, and find ways to utilize your strengths to be the best storyteller you can be.