News, views and tips on litigation graphics, trial strategy and the law.

Why Trial Attorneys Need to Know Computer “Animations” vs. “Simulations” for Evidence

May 24, 2024 by 3 Comments

Picture yourself in court getting ready to present a first-rate animation created by a professional litigation graphics company. The opposing counsel jumps up to say, “Your honor, we object to this animation since there is no foundation that it’s identical to what happened, it will confuse the jury, and it does not meet the scientific evidence requirements for admissibility.” How should you respond?

The answer is fairly clear as long as you know the difference between a computer “animation” and a computer “simulation.” A simulation is much more difficult to get into evidence than an animation. This post will describe the difference between the two and why it matters to your case. Additionally, I created a downloadable brief on the subject to provide more legal support regarding these issues. [Read more...]

5 Key Tips for Trial: Judges Tell Attorneys What They Do and Don’t Like In Court

May 19, 2024 by 4 Comments

Judges really do get to see it all when it comes to the good, the bad and the just plain ugly of attorneys trying cases. Yesterday, I attended The Recorder Roundtable: “From the Bench - Outstanding Trial Work” in San Francisco, where sitting judges offered great tips for all level of practitioners about what judges do and don’t like to see in trial. The participating judges were the Hon. Teri Jackson of San Francisco Superior Court, Hon. Jo-Lynne Lee and Robert McGuiness of Alameda County Superior Court, and the Hon. Rise Pichon of Santa Clara County Superior Court. I’ve summarized their top five tips below:

1. Motions in Limine: Beware and Use Sparingly

Lawyers love ‘em and judges hate ‘em. Well, this is a bit of an overstatement, but the judges dislike some practices in this area. They cautioned attorneys that the Motions in Limine are often the first impression any judge has of an attorney, and as with everything, presentation, organization and content matter. [Read more...]

Medical Illustrations for Attorneys: How to Make Anatomy Accurate and Understandable to Make Your Case

May 17, 2024 by Leave a Comment

The other day, a Northern California trial attorney contacted me in need of a medical illustration. He represented the plaintiff in an auto crash case and had to go to trial in about a week. The attorney rightly realized that picturing his client’s spine would be an essential part of presenting his case.

When preparing a case that would benefit from medical illustrations, look to hire someone who can visualize and create images that are intelligible to a lay audience, featuring details that look clinical rather than gory. Also make sure the artist has the scientific and educational credentials necessary to provide a foundation for admissibility of the illustrations.

A medical illustration doesn’t have to be fancy—but it does have to be accurate, objective and easy to understand. [Read more...]

Storytelling for Attorneys: How to Build a Great Narrative for Your Case

May 10, 2024 by Leave a Comment

Attorneys sometimes act in trial or mediation as if they’re little more than an evidence machine collecting all the right evidence, excluding all the improper evidence, applying the law and expecting a positive outcome. That might be good enough to win some cases, but any really good attorney is a masterful storyteller who can shape that evidence and the law into a compelling narrative.

This post shares seven elements of powerful storytelling and shows how they can be applied to help any attorney presenting a case. [Read more...]

iPad for Lawyers: First Impressions of the Legal Profession’s New Essential Tool

May 4, 2024 by Leave a Comment

I finally joined the ranks of iPad owners. Better late than never, right?

I’m normally one of the first to run out and get a new toy, especially if it has the name Apple on it. The iPad was different, though. My initial thought when Apple released the iPad was that it looks really cool, but that my iPhone and MacBook would suffice. Months later, I realized that an iPad is fast becoming an essential tool for trial attorneys, especially if you’re in the business of making presentations.

If you’re like me—belatedly buying an iPad and getting it tricked out with law-related apps—then I hope I can help you by sharing the first steps I took with my new best friend, aka the iPad. [Read more...]

How to Avoid “Death by PowerPoint,” Part 2: More Tips for Attorneys Using Graphics

May 2, 2024 by Leave a Comment

My last post on how to avoid “Death by PowerPoint” covered three main points to help attorneys make compelling visual presentations. Now I’ll follow up with three more. Remember, “Death by PowerPoint” is shorthand for any confusing, complicated or downright dull graphics that kill rather than spark the audience’s attention. Often they happen on PowerPoint (or Keynote for Apple users), but the advice covered here also applies to 2D blowups, animations and other multimedia graphics. [Read more...]