demonstrative evidence for construction cases

Building the Visual Foundation of Your Construction Defect Case

November 5, 2023 By Morgan Smith Leave a Comment

A few weeks ago, I published a post based on my presentation at the Melvin Belli Seminar on Tort Practice, which focused on a three-step process for attorneys to develop graphics from the very start of their case to “build the visual foundation” for it. This post is a follow-up that looks at the specific area of law involving construction defect work. I’ll show you how to build the visual foundation of a construction defect case by preserving visual information in a convenient format that can be easily updated as the case progresses.

For those attorneys who practice in the construction defect area of law, how often are you faced with this dilemma: You are trying to prepare your case for mediation, and you have a hard drive full of photographs of the site from all different sources; it’s unclear what the photos show, where the scene is located, or even when the photograph was taken. You may have reams of images that look something like the example below, without any context for understanding. [Read more...]

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

February 28, 2024 By Morgan Smith Leave a Comment

I 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...]

One of the Most Important Steps In Any Construction or Injury Case

October 19, 2023 By Morgan Smith Leave a Comment

Yesterday was one of those days that reminded me of the value of visiting a site for a construction-related case to see and feel firsthand what is involved. Couldn’t I simply hire a photographer to take pictures of it for me instead? Perhaps, but that’s a poor substitute. It’s much more effective to tour the scene with the lead attorney and experts, as well as with our firm’s in-house architect to tap into his expertise about the building’s design and standard construction practices.

During my years of litigation, and equally so now in the field of litigation graphics, I became convinced of the importance of inspecting whatever items and locations that a case revolves around in order to visualize and then build a persuasive argument. As an attorney, it’s vital to inspect sites, accident scenes or any other type of location involving your client, and to use your eyes and other senses to become intimately familiar with the location and circumstances. Equally important is hiring experts and consultants who are willing to leave their desks for a site inspection too. This will help you individually and as a team develop your case as effectively as possible.

At Cogent Legal, our job of creating litigation graphics, and helping attorneys make their best case possible, involves simplifying complex information to make it more understandable and, ideally, to tell a compelling story about what happened. In construction cases (and often personal injury or product defect cases), it’s my experience that a case file ends up with hundreds, if not thousands, of photographs of whatever is allegedly defective or caused the accident. What tends to be missing from reams of photographs is a context that gives meaning to those images. A site inspection gives context and meaning to a case, ultimately aiding in the development of a better presentation that combines visual aids with oral and written arguments. [Read more...]

Graphics to Help You Better Build Your Construction Case

September 10, 2023 By Morgan Smith Leave a Comment

When it comes to construction issues, I feel like the actor in that old ad on TV who says, “I’m not a doctor, but I play one on TV.” I’m not in the construction field, but I litigated construction cases for over a decade and consequently couldn’t help but develop an expertise in construction standards and practices. In a similar way, some med-mal attorneys I know have a better understanding of proper standard of care than even doctors do. When you have to prosecute or defend a case that revolves around highly technical issues, you’re sure to learn the subject inside and out.

With this in mind, making the transition from litigating construction-related cases to developing graphics for those types of cases has been a natural fit for me personally and for Cogent Legal as a firm. We strengthened our foundation in this area, so to speak, by bringing two architects onto the Cogent Legal team, whom I’ll tell you about below.

One construction attorney I know mentioned to me that he hesitates to use graphic design firms for litigation since he has to spend so much time explaining what he needs and what the case is about, which is frustrating. This is a shame since there are few other areas outside of patent law cases that virtually require the use of well-done graphics to present the case, since the cases are highly technical and lend themselves to visuals that show what caused problems, what the standards of care are and other issues.

To give attorneys ideas about how they can build and present their construction cases with timelines, animations and other interactive informational graphics, I asked my office to prepare an online brochure (click here or on image below; note, it must be viewed on a Flash-enabled computer or mobile device). [Read more...]