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

How to Help Jurors Understand Spatial Relationships

Screen Shot 2023-10-16 at 11.28.48 AMGood visual presentations enhance juror attention, cognition and retention in the courtroom. By providing comparisons and reference points familiar to the juror, demonstratives can help communicate difficult concepts and data. Understanding of spatial information (e.g., positions, sizes and movement) particularly benefits from graphical representation.

In today’s blog post, we’ll explore a diagram from NASA’s Apollo 11 Lunar Landing program and then discuss takeaway lessons for litigators planning trial graphics. [Read more...]

How Graphics Helped a Trial Team Show Complex Data and Win

Screen Shot 2024-04-11 at 11.55.29 AMI love hearing the news that one of our clients had a great result using the work we did for them. The most recent big win I’m happy to report is Manatt, Phelps & Phillips, LLP, won a major lender liability/wrongful foreclosure action, obtaining a complete defense verdict in favor of its clients. Cogent Legal was hired to assist the Manatt trial team by creating graphics that helped bring order and understanding to this complex case.

The case involved Rincon Towers in San Francisco, which coincidentally is where I used to work; that’s where The Arns Law Firm set up shop when Bob Arns and I opened the firm in 1997. In 2007 Rincon Towers was purchased by the plaintiff in the case, who ultimately lost the property in foreclosure and sued multiple parties, seeking the property back and $40 million in damages. The case was a complex one involving many layers of parties, accountings on the properties and events over time. (For details on the case and the defense victory, read Manatt’s press release here).

Any complex transactional case such as this, which involves a great deal of accounting, lends itself to Excel spreadsheets that, by themselves, are not very helpful and make one’s eyes glaze over. We needed to help the trial team show a chronology of events and economic data based on the facts of the case and the experts’ opinions, so that the team could make their case to the judge as understandable and persuasive as possible. This was a bench trial, not a jury trial, which lends itself to more sophisticated or complex graphics, which are handed off to the judge and clerks so they can refer to them later as they’re writing the opinion.

Below are a few “sanitized” samples in which we changed the names of the witnesses and case information for the purpose of this blog post, but the samples illustrate the nature of the work Cogent Legal did on the case. [Read more...]

The Litigation Graphics Lesson in the “Wealth Inequality in America” Video

100 dollar billsI always like to share examples of what I consider powerful graphics to give attorneys ideas on what’s possible to create for use in litigation. This morning, I was struck by a video going viral that describes economic inequality in the United States.

Regardless of your politics, and whether you believe that the widening gulf between the poor and super-rich is a serious problem or mere propaganda of the Occupy Movement, I hope you’ll watch this video because it’s a fantastic example of how to show data in an effective and engaging way. In particular, if you’re an attorney who presents cases with large amounts of economic facts and figures, you’ll want to see how this video combines storytelling with clean, simple and powerful data visualization techniques.

One thing I appreciated immediately is the power of the narrator, enhanced by the pacing that he uses. His technique is similar to that of a good attorney giving a closing statement. [Read more...]

The Beauty of Data: How to Use Adobe Illustrator with Excel to Show Complex Data for Litigation

Most people don’t find data beautiful, but it really can be. I am definitely not talking about Excel sheets with endless pages of numbers, but rather about data that is visualized in an appealing manner, which actually can be an exciting and powerful work of art. Complex data, when arranged in understandable ways, can reveal patterns that simply cannot be known and understood until you see them.

In a recent case, Cogent Legal was hired to create the visuals for a highway defect case that involved a large amount of accident history data for a one-mile section of road (over 600 accidents of various types over five years). When I heard that the state produced the data in an Excel format (rather than paper form), I was excited because I knew what could be done with such data.

Adobe Illustrator has a feature that allows data from an Excel sheet to be imported directly into Illustrator and placed on an X and Y axis. Illustrator then takes this data and correctly plots it directly from the sheet. You may well be asking why this is so special since Excel and similar spreadsheet programs can create their own charts with the touch of a button. The answer is that once the data is imported into Illustrator, the possibilities for endless creativity and visualization start. [Read more...]