A Way with Pictures

by Tom McNichol

For centuries the practice of law has been all about words.

From the baroque verbal etiquette of the courtroom ("May it please the court ...") to the mountains of documents generated by even the most minor cases, words have always been the defining tool, the foundation upon which all legal decisions are based.

But today we tend to think more in visual terms, processing information in a way that's quite different from the strictly linear analysis common in the word-dominated society of the past. Courtroom technology is slowly adapting to this shift in perspective, quietly transforming not only the way trials are conducted, but also the very meaning of what passes for truth. In the digital age, seeing really is believing.

Courtroom presentation software programs give trial lawyers immediate access to all the text documents, audio, and video files of a case. These digital tools - such as TrialDirector (www.trialdirector.com), Sanction Solutions (www.sanction.com), Visionary Legal Technologies (www.freevisionary.com), and CT Summation (www.summation.com) - are essentially large databases that can present electronic documents, transcripts, photos, video testimony, and animation clips in whatever order the user chooses. And they are changing the way lawyers argue cases.

The main drawback of advanced programs such as TrialDirector and Sanction is their steep learning curve - the software is packed with features that many users never fully learn. For attorneys already used to and comfortable with Microsoft PowerPoint, there's another option: A newly updated tutorial package called PowerPoint for Court (www.powerpointforcourt.com) is designed to help attorneys adapt their existing PowerPoint software for use in the courtroom. It contains instructions, templates, and tutorials on how to add video clips, Flash animations, or audio to any PowerPoint slide. An accompanying e-book featuring color screenshots from the latest PowerPoint version contains tips on how best to adapt the program for presenting evidence.

PowerPoint's obvious strength is that it's relatively easy to use, and it remains the most painless solution for simple trial presentations. But the familiarity of the program is also one of its weaknesses in a courtroom setting. Many jurors have been subjected to plenty of tedious PowerPoint presentations in their work lives, and they'll be quick to tune out slide after slide of bullet points. Also, PowerPoint's linear presentations can become confusing if you need to raise a line of questions not covered by the slides. There's a growing sentiment among attorneys that usually PowerPoint is best used for opening statements and closing arguments, since those are tightly scripted and far less likely to require last-minute changes.

For more complicated presentations, a dedicated program like TrialDirector or Sanction is the way to go. One big edge such packages have over PowerPoint is flexibility. PowerPoint locks an attorney into a predetermined arrangement of the facts. Presentation software, on the other hand, lets lawyers change the running order of evidence on the fly. And that's no trivial advantage - many jurors are more likely to be actively engaged by a presentation that evolves organically according to the dynamics of the trial than by a prepackaged rehash of the facts.

Software publisher inData recently released a new version of TrialDirector 6, its widely used presentation software. The update is optimized to run on Windows 7, but still supports older operating systems such as Vista and Windows XP. (TrialDirector 6 will also run on a Mac, but you'll need to use Apple's Boot Camp utility, which basically creates a Windows environment within the Mac OS.)

The latest version of TrialDirector features a nifty new toolbar that makes it easier to navigate through exhibits and quickly access tools. Another new feature lets you zoom in on videos or call out portions of the footage during playback, in order to emphasize a particular point to the jury. And the program lets you use Windows 7's built-in adaptive touch technology, so you can use your fingers (instead of a mouse) to control the on-screen action.

Digital presentation software is considerably more complicated to use than flip charts and white boards, but it's often a far more efficient means of presenting evidence in a complicated case.

"By using technology, an attorney can put in three to five times the amount of evidence," says Ted Brooks, founder and CEO of Litigation-Tech, a trial technology consulting firm based in San Francisco. "You can project a document up on the big screen for all the jurors to see and zoom in on the key paragraph rather than passing around a paper exhibit. By the time the twelfth juror gets the piece of paper, you're probably three topics down the road already."

Visual technology can be particularly useful in explaining abstract concepts such as numbers. In a trial two years ago, Bay Area physician Dr. Hootan Roozrokh was accused of overmedicating a potential organ donor to hasten his death in order to harvest his organs. Roozrokh had administered 200 milligrams of morphine to the patient, but one expert witness for the defense testified that he had seen as much as 5,000 milligrams of the drug used in end-of-life situations. To show the jury the difference between the two amounts, Litigation-Tech created a compelling split-screen visual. On the left was a 200-milligram vial - about the size of a thimble. On the right was a 5,000-milligram container - a giant bottle of Pepsi.

"A number is a vague and ambiguous thing," says Brooks. "We all have a different understanding of numbers based on our background and experience and education. So we had to find a visual that the majority of jurors would be able to relate to. When that Pepsi bottle was projected on a ten-foot screen, it looked like 55 gallons."

Increasingly, visual technology is being used even before a case goes to trial, such as in settlement hearings and mediations. Showing up at a settlement hearing with a fully realized visual presentation sends the unspoken message that you've got a strong case, which can make it easier to reach a fav-orable agreement.

There will always be a place for the silver-tongued lawyer who can use words as weapons in a courtroom battle. But gone are the days when successful trial lawyers need only to have a way with words. Now, they also must have a way with pictures.

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