The year was 2002.  Teddy Roosevelt was in the White House; the blacksmith profession was at its zenith; and I don’t believe the printing press had even been invented yet.  Well, it’s been so long that that’s what it seems like now.  Anyway, I had just given a presentation on my cutting edge, 500 lb. paper weight of a Windows XP laptop.  The topic of discussion was “Courtroom Multimedia Technology:  The Trial Attorney’s Strategic Advantage.”  After extolling the benefits and virtues of using the latest in presentation tech, I looked over at the prospect.  There was an aching pause.

“What can a young whippersnapper like you teach an old lawyer like me?”  The senior partner asked, unconvinced.  It was true.  The haircut I had just gotten a few days earlier made me look like puberty was a not-so-distant memory.  Not necessarily a bad thing, but I was in my thirties.  “Why would I do this?  Why would I spend the money on this?”  He grilled me.  This type of exchange was typical of first-time introductions to trial presentation software. The idea of bringing a laptop, projector and screen into a courtroom to display evidence digitally at trial seemed like a crazy gimmick.  Hardcopy exhibits, three-ring jury binders and the oratory skills of the legal practitioner were how things were done, and more than sufficient.  At least that’s what many seasoned trial lawyers at the time thought, until they would meet up with one of my clients, or another opponent that had embraced the new reality of 21^st century litigation.  Then they would usually get their asses kicked…hard! 

Now, to the prospect’s credit, trying to understand the value of trial presentation technology while sitting in a conference room is not at all like experiencing it in a trial setting…when your adversary is using it against you.  That’s when they get it!  That’s when they feel totally exposed, unprepared and outclassed, as if they’ve brought a Number 2 pencil to a medieval jousting competition.

So, why does trial presentation technology work so well?  A well-conceived digital trial presentation isn’t just technology for technology’s sake.  There are a number of practical reasons why multimedia use in the courtroom is so effective. 

• People are Visual Learners – Nearly 70% of all people are visual learners.  An even higher percentage prefer visual content to simple text.  Visuals are also processed by the human brain at an exponentially faster rate than text.   The old adage that a picture is worth a thousand words is absolutely true.  However, when many of us think of great trial lawyers of the past (or on TV and movies) we think of them as being wonderful orators.  While this is certainly true for establishing rapport with the jury and storytelling, the data shows that those skills may be subordinate to the concept that seeing is believing.

• Juror Attention/Entertainment – Let’s be honest, although citizens understand and respect the vital role of jury service in our society, many consider jury duty to be an inconvenience, or even a hardship. Not every case is a TV show-worthy drama.  Days can be long.  Witness testimony can be a yawn fest.  Many trials are exercises in eye-rolling boredom.   Maybe I’m wrong, but I don’t think there’s ever been a breach of contract action/adventure movie.  So, when visuals or media are shown on the screen, jurors are more than happy for a break in the monotony.  As the old saying goes, sometimes a change is as good as a rest.  It’s interesting to see a jury’s collective demeanor change once evidence is published and appears on the screen(s).  There’s almost a Pavlovian effect that occurs, as jurors look at the screen(s) in unison, suddenly entertained and reengaged.

• Juror Expectations – When I first started trial consulting a quarter of a century ago, the Greatest, Silent and Baby Boomer generations were a significant demographic bloc of the national jury pool. Presentation technology, although extremely effective, was still looked upon with suspicion in some sectors.  Some thought it to be a bit too slick.  A number of my insurance carrier clients were reluctant to use it on certain cases.  They feared that it might have the appearance that a big corporation, with lots of resources, was beating up on the little guy.  I once worked for the defense on a criminal trial and had a police detective come up and ask me:  “Are you the smoke…or are you the mirrors?”  Now, however, the jury pool demographic makeup is all about X, Y & Z. Technology is as pervasive as water. Costs have come down far enough so that digital presentation tools are now accessible across the board.  These younger jurors are either tech savvy or cyber natives who have little or no experience beyond the modern digital world.  Couple that with TV shows and movies that showcase advanced (and really cool) forensic technology, and you have jurors who have a different expectation of how evidence should be presented in court.        

• Time Savings – Compared to the traditional and slower paced use of hardcopies in court, presenting a case digitally can shave a significant amount of time off a trial, upwards of 25-40%.   The courts are all about time-savings and moving the calendar along.  So, it’s not surprising that they have taken notice, especially on the federal level.  Many federal courtrooms now have some form of digital presentation capability.  This may be a simple projector and screen setup with hookup cables available, or they may be more sophisticated systems with multiple jury monitors, TVs, and document cameras, all controlled by the judge or clerk.  Over the past few decades, judges have gone from cautiously entertaining media presentation use to encouraging it.  Now, its use is even expected in many jurisdictions.  This phenomenon has also been trending in state courts, as well.  Time savings isn’t just appreciated by the courts.  Jurors like to feel as though their time isn’t being wasted, either.  A shorter trial means that they can get back to their families and everyday lives sooner.

• Speed Kills – Although related to time savings, the speed at which evidence is retrieved and displayed can be a huge advantage for the trial attorney.  Speed can help you show all, or most, of the important exhibits when there is a time limit, such as during opening statements, closing arguments…and when you need to finish examining a witness by the end of the day.  It also helps with cadence.  One of my clients once remarked that it is a very effective tool to use during cross examinations, as the quick pace of questioning and retrieval of exhibits doesn’t give the witness time to think through their answers.  It helps keep them on their back foot.  Compare that with a hardcopy trial, where the time it takes to get the paper exhibit from the clerk, find the right page and present it to the witness can create long, awkward pauses in the action.  The hardcopy time gap may also be the cause of redundancy, as the examining attorney oftentimes needs to re-ask the same question again once they’re back at the lectern.

• Native Evidence – Digital presentations at trial make even more sense now, given the fact that primary evidence has become increasingly digital in nature. Think about the common types of exhibits that are admitted into evidence during the course of a trial.   Photos, videos, text messages, GPS data, surveillance camera footage, MRIs, audio recordings, email threads, documents, spreadsheets, etc. are all digitally native files now.  Therefore, they lend themselves to digital presentations. 

• Pandemic Embrace – The courts, and legal profession in general, aren’t known for their pivot-on-a-dime approach to change. They are usually very slow to react to trends.  Even after decades of exposure to the use and benefits of PowerPoint and trial presentation software, there are far more courtrooms without electronic presentation systems than with.  But in 2020, the global pandemic gave the judiciary an abrupt push into the future.  Remote trials, once shunned for their lack of controls and quality, suddenly became an unlikely remedy that kept the wheels of justice rolling for a bit.  After some quick, immersive learning (and hiccups), the courts are now utilizing some of those tools in a post-Covid environment.  Remote trial testimony is now more commonplace.  Judges are more comfortable using remote meeting apps in their courtrooms, given certain restrictions and rules.  The net result is that if trial attorneys want to use exhibits or demonstratives during remote witness examinations, then they will have to present them digitally.

• Ancillary Perceptions – How does the use of presentation technology in court affect the jury’s perception of the trial attorney using it?   In my own experience, and exposure to many post-trial jury interviews over two decades of trial consulting, jurors tend to look favorably upon those who use it in the courtroom.  In large part, they perceive those practitioners to be more organized, sophisticated, and better advocates.  Jurors view them to be more efficient and less likely to waste their time.  The caveat here is that they need to be proficient.  They, or at least someone on their trial team, need to know what they’re doing.  Jurors will be forgiving and understanding of minor issues and glitches; but seeing an attorney consistently stumble and bumble with the audio-visual equipment and through their digital presentation can chip away at their credibility and likeability.  These ancillary perceptions can actually affect how jurors view your case.   So, it is vital that the trial attorney (or someone in their office) be trained on trial presentation software, AV equipment basics, the communication process for which exhibits are to be displayed (and when), etc.  If a lawyer needs to outsource that expertise, they can always hire an experienced trial tech consultant (“hot seater”) to take that responsibility off their shoulders.

In a nutshell, it works!  So, after a quarter century of trial consulting, it shocks me when I see lawyers walk into the courtroom with no digital presentation strategy.  Many of them then try to poach my client’s planning and work product and have our team display opposing counsel’s exhibits during their opening statements, witness examinations and closing arguments.   That’s a topic for another article.  Moving on…  Some very good attorneys that I know have been slow adopters.  The most common rationale I used to hear for not using these tools was that the attorneys felt it interfered with their organic bonding and rapport with the jurors.  One such person, who is a phenomenal medical malpractice defense lawyer, always used that argument with me.  Well, after three consecutive multi-million dollar verdict losses to my clients, he finally gave me a call to let me know of his change of heart.  Digital exhibit display is now a permanent and integral part of his firm’s trial process. 

When a case makes it to trial, it’s usually because each party believes they can win…or at least achieve their goals.  They believe that their side has enough merit to garner a favorable jury decision.  With a preponderance of the evidence standard in civil trials, a verdict may hinge on the smallest of details.  So, if you want to gain a strategic advantage in the courtroom, trial presentation technology, with all of its benefits, is an absolute imperative.