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

What Litigators Can Learn From Some of the Coolest Graphics in Construction

construction graphic thumbnailI am constantly amazed at how the world of litigation has changed so much in such a short period of time since I started practicing almost 20 years ago. OK, I accept that some of you don’t think 20 years is a short period of time, but it sure seems like it to me. As I have mentioned in this blog before, the ability to make powerful, high-quality trial graphics was extremely limited by the software available in the early 1990s. I was reminded of how far we’ve come in the area of visualization and modeling when I recently had dinner with Mike McTeer, who made a similar career shift as I did, but in a different field. Mike has a background in construction, and a few years ago, he decided to start a firm that specializes in 3D visualizations of construction.

His firm specializes in “Construction Visualization Integration and Building Information Modeling,” which basically means he visualizes and creates models of projects so builders more fully understand the process of the project, discover better ways to build it, and identify problems before they occur. When I saw his work, I was struck by what a great tool this is for the construction industry. This type of computer modeling was impossible only a few years ago, and Mike says that a number of larger clients now require it for any job before the work starts.

You might ask, what does this have to do with litigation? Well, just like Mike’s clients who never used this process before then realized they cannot do a project without it, attorneys who discover how a case can be visualized and strengthened with graphics at an early stage begin to view litigation graphics as a de facto requirement for case preparation and presentation. [Read more...]

How Graphics Help the President Persuade and Can Help Attorneys Too

SOTU thumbnailLast week, Ken Broda-Bahm wrote a great piece about the recent State of the Union Address (“Check Your Alignment in Multiparty Litigation“), commenting on how the dueling responses by the Republican Party (Mark Rubio) and the Tea Party (Rand Paul) exposed the similar difficulties co-defendants in a trial face while trying to keep message control in front of a jury. Ken’s examination of the State of the Union Address through the lens of trial issues also reminded me of the post last year by Ken Lopez on the use of graphics in the State of the Union Address (“Presentation Graphics: Why the President is Better than You“), which related a number of great tips and showed why attorneys should look at the White House use of graphics in presentation, since they are certainly well done.

Better late than never, I figure it’s time for me to put in my two cents on the topic and show some examples from the State of the Union Address that might help attorneys improve their own use of charts and graphs in litigation. Visualizing and presenting data in an engaging, persuasive way is critically important for numbers-heavy cases involving financial transactions and economic data. I’ve seen attorneys present graphs and spreadsheets that are about as interesting as watching paint dry. The president’s team, by contrast, created graphs that hold the viewers’ attention and strengthen the points he makes orally.

The day after I watched the address live on TV, I looked at the online “enhanced” version at whitehouse.gov. I am obviously biased, but in particular I admire the president’s address because I really do love seeing graphics used effectively and well. It’s like being a football fan and watching a great football game when everything is done just right. One thing I like in particular is a point that Ken Lopez made very well: that every slide is “simple enough to understand in a moment or two.” All of the graphics are simple, yet carry a strong message. They are not intended to be objective, but rather to be like a closing statement when graphics are used to sway the viewer to your point of view.

Let’s look at a couple of ways these graphics use effective techniques to push their point of view fairly but persuasively. [Read more...]