Real Science: Why Graphics Are Needed At Trial

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By simplest definition, the job of an attorney is to educate his or her audience. However, how the attorney goes about this task and how he or she chooses to impart their knowledge to the jury, can mean the difference between a winning case and a resounding defeat. It's not enough for a lawyer to deliver the facts through a singular method. It's not enough to stand before the collected court and recite a 20 minute speech and to allow those very important words to hang alone in the air. The key to having the information remain relevant long after the jury goes into deliberation is to analyze how the population as a whole learns. That is, to see how we - from the womb to the grave - process the world around us. After all, the only way for information to have impact is for it to be remembered.
According to a report on developing effective presentations by the U.S. Department of Labor (OSHA Office of Training and Education), "approximately 83% of human learning occurs visually, and the remaining 17% through the other senses - 11% through hearing, 3.5% through smell, 1% through taste, and 1.5% through touch." [1] But those ...
... statistics, impressive as they are, only account for the immediate breakdown and storage of information. They do not address how long that same information will remain relevant and retrievable.

On average, of the articles listed on the home page of CNN.com, at least one third are now video only, with the occasional link to an accompanying text based translation following at the bottom of the page. The same goes for MSNBC and Google News. It's a matter of supply and demand, of the generated content now matching the sensory driven behavior of today's user who relies on constructing mental models from multiple stimuli.

Evidence is the key to any trial and making that evidence digestible is the key to garnering the favor of the judge or jury. An image of a document with the most crucial parts highlighted will only serve to make the argument it represents more memorable. A timeline in which each specific, color-coordinated date animates to show its placement within the greater continuity as well as its location to the other points along the chronological line will only help the audience remember how the events transpired. This can all be attributed to the visual emphasis. Where a string of words has to use semantic cues to its structure over the course of sentence, a visual representation can use squares, arrows, checkmarks, space, color, typefaces, and the relative distance between its individual elements to communicate relational information.

It is without question that our society has become more reliant on visual stimuli to inform, educate and persuade. Moreover, it is clear that science supports the concept that pairing the spoken word with visuals allows the presenter to be more effective. Therefore, it is imperative to incorporate visual graphics into your case to assure maximum impact at trial.

Ron Kurzman, Esq., is a Partner and Litigation Consultant at Magna Legal Services, LLC. He is an expert in assisting counsel in developing trial strategy for large, complex matters, based on behavioral research and jury analysis. As a litigation and trial consultant his activities include the development of trial strategy and tactics, jury selection and voir dire, implementing shadow juries, witness communication training, ordering of evidence, opening /closing statements, development of themes and arguments, demonstrative evidence preparation, and teaching persuasion techniques. He works with members of the trial team to develop themes and case strategies that will be persuasive to juries, judges and arbitration panels.