This article should help clear the air on some of the most
common arguments against the use of technology in trial. Please share your
thoughts, opinions and questions in the Comments section at the end of this
article.
1.
It Costs
Too Much
There are indeed added costs to consider when deciding whether or not to
use technology to assist with your evidence presentation. In most cases, cost alone should not be the deciding
factor - especially when it can help in
the outcome of the trial. You may request an estimate from any trial
presentation firm, or if handling it in-house, have someone figure out how much
money needs to be added to the trial budget. Depending on the length of the
trial, this might amount to only a few thousand dollars, or can run into the
tens of thousands or more.
2.
The Jury
Will Think We have deep pockets
It is a fact that your jury notices the difference between boxes and
binders, or a projector and screen. But, does it really look more costly? If the jury believes your client has deep
pockets to spend on litigation, it is more likely they will attribute these expenses
to legal fees of counsel than to how they choose to present their evidence. (Also
see Courtroom
Projectors, Screens, and Monitors)
3.
Our
Client Doesn’t Want It
When a client is against using technology in litigation, there are
likely no solid arguments to this. It is often more a lack of knowledge and understanding
of the options than actual fact-based opinions. To simply accept your client’s decisions as to how you should try their
case could be problematic in this, or any other trial-strategy decision.
Clients may need to be reminded that is your duty to do everything you possibly
can to help persuade the jury to rule in your favor, and that you are responsible
and accountable in that regard.
4.
I Don’t
Know How To Use It
Learning to properly use trial presentation software can take time, and
unless you work with it often, you may not be comfortable enough to bring it to
trial. If you’re willing to invest a
little bit of effort in training and practice, however, you can certainly learn
to handle the basics. Additionally, there is no requirement that you
personally learn and operate the software. This is something you can have
someone else from your firm or an outside professional trial consultant take
care of for you, if you prefer, letting you focus on trying your case. (Also
see Trial
Presentation in Large and Complex Cases)
A large percentage of trials today do not utilize technology, and a
large number of attorneys have yet to try it for their trial presentation. While I cannot speak to the qualifications
and experiences of others, I can tell you that every attorney I’ve worked with
who had never used technology prior to working with me will never go back to
the old way of doing things. I will add that as an attorney, you should be
able to try your case in the same manner, regardless of whether or not
technology is used to present your evidence to the judge and jury. If you don’t
feel comfortable operating everything yourself, have someone else do this for
you.
6.
It Looks
Too Flashy
This argument may have had some validity 20 years ago, when much of this
was new, and considered on the cutting edge of litigation. Today, it would be
difficult to find a juror who is not familiar with the Internet and other forms
of electronic communication. Although
trial presentation software is a powerful database application, to the viewer,
it looks like little more than a PowerPoint ™ presentation. Again, these
days, you’re going to have a tough time finding jurors who are truly “impressed”
with the way this all looks. (Also see Top
Ten Tips for Creating Professional Trial Presentations Using PowerPoint)
7.
What If
it Fails?
It’s really not a question as to
whether something will go wrong when you are depending on technology to present
your evidence, but when – and then how quickly you can recover, before anyone
else even realizes there was even a problem in the first place. You should
always have a backup plan in place. This might be a backup laptop, a document
camera, or even the hard copy trial exhibits.
8.
The Court
May Not Allow It
You should make sure the Court
will allow you to present your evidence electronically before trotting in your
portable drive-in theater kit. With that, our judicial system is spending a
great deal of money equipping our courts with technology at the State and
Federal levels. Rather than discouraging the use of technology, you are more
likely to find a judge encouraging you to use it – especially if the equipment
is already available and provided by the Court. In these “wired” courtrooms,
all you need to bring is your laptop or iPad in order to connect to the
courtroom system. You should also try to work together with opposing counsel if
you will be bringing in your own equipment. (Also see Judiciary
Opinions on Technology in Trial)
9
. The jury
appreciates handling the actual hard-copy exhibits
Jurors can often appreciate the opportunity to hold the actual exhibit
in their hands, and they may even view it as “more genuine” than the same
exhibit projected on a large screen. In some instances, this can be true. Now if all of the evidence is presented
electronically, and then one exhibit is physically handed to the jurors to
inspect, that would certainly have a greater impact than passing every exhibit
to them. Additionally, post-verdict juror surveys confirm that they
appreciate the effort involved and resulting efficiency of using technology in
trial – especially when contrasted to opposing counsel who insisted on doing their
trial presentation without any technology.
10.
This case
is too boring for technology
Some cases may certainly benefit more than others by presenting the
evidence electronically. However, document-intensive cases might actually
benefit more than those with a number of photos and other visual evidence. Of
course, without showing your photos and other demonstratives to the jury, they
can only speculate as to what your witness might be describing. But, when “boring” documents such as contracts are displayed, zooming
in on a key paragraph and then highlighting the critical language can help
bring that exhibit to life in front of your jury.
I would be happy to send you a list of typical trial support
and presentation services and equipment, including actual rates and pricing
upon request. You may send me an email request using the link at the top of
this page.
Your opinions, questions and thoughts are welcome and valued
here. Please share yours by posting in Comments box below. Thank you!