publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/518940
ILTA WHITE PAPER: MAY 2015 WWW.ILTANET.ORG 40 EIGHT TIPS FOR USING TECHNOLOGY TO PERSUADE A JURY FOCUS ON WHAT YOU HAVE TO PROVE Patrick Muscat teaches visual trial courses at two Detroit-area law schools and lectures about this topic nationwide. He advocates for the use of technology to go over jury instructions during argument. "An advocate can display instructions to the jury and highlight how the evidence from the case meets and/or surpasses the elements found in the jury instruction." However, Muscat cautions against using visuals as analogies for legal theories. "No visual that explains reasonable doubt to a jury will be upheld by an Appellate Court. You are just asking for trouble if you try to create one." USE BOTH LINEAR AND NONLINEAR SOFTWARE Muscat also suggests using a "visual trial style" with linear trial software for opening and closing arguments. Begin with a tightly controlled presentation that highlights key points of your opening, and highlight the strongest portions of your case in the closing. Upon direct or cross- examination, use nonlinear litigation software, which allows you to publish exhibits in any order, at any time. DON'T STOP THE SHOW, EVEN FOR A WITNESS Keith Dutill believes in choreographing graphics even while a witness is testifying. "The jury wants to see the document while the witness is testifying about it. Real-time callouts and document highlights enable the lawyer to control the presentation, focus the jury's attention and keep things moving." BRING ON THE EMOTION The rebuttal is all about passion, so that is the time to limit reliance on technology, notes Patrick Muscat. The logic portion of the program has concluded, and now it's time to pour on the emotion. If you absolutely need a visual aid, just bring up exhibits you've already used. A (Possible) History of Tech in the Courtroom No one really knows for sure when the first trial featuring high-technology happened. Fredric Lederer, director of the Center for Legal & Court Technology, tells us he once heard of an asbestos trial in the 1980s where both attorneys persuaded the judge to let all visual evidence be shown on computer monitors. Keep in mind these were the big CRT monitors, which were probably 15 inches diagonal at the most. Before the trial's end, the federal district judge summoned both attorneys to the bench to let them know he really enjoyed seeing all the evidence on the monitors, saying: "You're leaving them here for the next trial, right?" The reply was a unanimous, "Yes, your honor."