Two critical ideas I found in this article from the NLJ, Legal Technology – Information Age Saps Jurors’ Attention.
First is the idea of boiling the case down do a single idea. I know we’re working hard with customers to do this on every case, but its literally impossible to overestimate the importance of having a theme and a logical narrative that is easy for juror’s to understand, especially in cases we’re working on that can go on for months!
Second is the following quote:
“Science supports the common sense conclusion that multimedia evidence makes a presentation more memorable.”
We know this is true and there is literally unquestioned scientific data supporting it. The implications are important.
Lawyers have an obligation to prepare demonstrative evidence to explain their case — to do any less is to deny their client the fullest representation possible. I’ll stop short of calling it malpractice as I’m no legal ethicist, but I will say that our experience there is a direct correlation between the time spent in preparation and reherseal time, and the quality of the advocacy in the courtroom. Big suprise, right? The harder you try, the more you practice, the better the end the product.
Second, is once you’ve identified it’s critical to prepare electronically stored information for presentation, then it becomes critical to have complete command of that electronic evidence! You can’t prepare what you don’t have. This is why it’s so important to get started earlier in the process – whether the case is going to trial or not.
Managing the ESI correctly early in the litigation process saves significant expense on a variety of fronts: lost time from not being able to find data, expense involved in multiple converstions between platforms, and duplicative work done by mulitple offices or law firms.
Most importantly, it preserves your ability to litigate effectively without needing to euphamistically “reinvest” in preparing the data. Get electronic evidence ready early in the process – prior to production – and your courtroom presentation will benefit.