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Visual and multimedia digital technologies are transforming the practice of law, how lawyers construct and argue their cases, present evidence to juries, and communicate with each other. Digital visuals and multimedia can improve decision makers? knowledge and understanding of reality. Second, whether or not digital media improves legal knowledge in an absolute sense, it certainly changes how decision makers learn and think about the reality they are judging. Lastly, the digitization of law has the potential to change people?s fundamental attitudes toward the nature of legal knowledge.
Throughout my years at Stratton Faxon, I have coordinated the presentation of visual evidence for a variety of civil trials and have not found any two cases to be remotely similar.
There is no "perfect case" nor is there perfect evidence. Many pieces of evidence or facts of the case are entirely foreign to jurors. We must, as legal advocates, take a step back with every case and ask "Would every juror understand this issue the same way that my mind would"? The answer is no.
It is extremely important to take a step outside of the box and think of all the nuances to a case that could be misunderstood by jurors. I currently attend the Quinnipiac University School of Law in Hamden, CT as a part time 4L student and recently was assigned a very interesting project in a course called Visual Persuasion and the Law. I found this course to be extremely helpful both in my study of the law and my practical application of it as a litigation paralegal. The task at hand was to create a settlement brochure video/closing argument video for a mock negligence lawsuit against a local hospital. The plaintiff in the case, a deaf woman, wanted to conceive a child via in vitro fertilization (IVF) with her deaf female partner. They were willing and ready to recruit a sperm donor but the catch was they wanted a child who was deaf like them.
One of the female partners underwent genetic testing to determine the specific DNA sequence that made her deaf and was told by the IVF doctor that if she located a sperm donor with the exact same DNA sequence, that her child would be born deaf. She amazingly found that matching donor, but on the day of the procedure she was negligently given the wrong vial of sperm and nine months later she gave birth to a perfectly healthy, hearing child. She sued. My first reaction to the case: "Your child is perfectly healthy, what are you complaining about?" Many lawyers would reject this case right here, but having imagination and visual technology is what sets you apart. I had to convince myself to advocate for this woman even in this fabricated fact pattern. At that point in time, I had no experience with IVF or deaf culture and I was willing to bet that a majority of jurors would feel the same.
My first task was to research and explain the frequency of IVF in today's society, to explain that it was accepted and there were standards concerning labeling of sperm vials so that mix-ups do not occur like the case here. Today?s electronic society provided me with a quick course on what IVF is and I was able to locate educational videos portraying the same.
Secondly, I needed to explain just why this woman was justified in being so angry that her child was perfectly healthy and not deaf. The answer to that is DEAF culture, DEAF pride and DEAF society. Something I was unaware of and something that most jurors would not have a clue about.
Lastly, how would I explain the gross negligence that occurred here when the wrong sample was selected and used? After all, there were so many radical elements to this case that would most certainly confuse a jury. Simple, I began my video with a narration ?opening statement? hypothetical that included a husband and wife who wanted to conceive naturally but simply couldn't. They decided to conceive using IVF but on the day of the procedure, the wife did not receive her husband?s sperm, but received the sperm of a total stranger. I hoped that jurors would be able to relate to this simplified story.
I continued my presentation by using various videos illustrating DEAF culture to allow jurors to just immerse themselves in the facts rather than just hearing them from the mouth of a lawyer. Little did I know but DEAF people view themselves not as having a disability but as a proud, distinct, subculture. In this strictly educational exercise, I was able to find multiple educational pieces (pictures and videos) illustrating this.
When I assist in the courtroom I try and think of the best tools I can use to make the jury a captivated audience without being too over the top, overbearing, or overly technical. Among other multimedia presentation tools, our firm currently uses TrialDirector, a computer program first released by inData in 1996 which allows you to store and organize documents, multimedia and transcripts all into one database for presentation.
The TrialDirector program has excellent tools to juxtapose exhibits, crop out, zoom in, annotate, highlight, and/or redact certain paragraphs of records to be used during trial. The program doesn't "hide" anything from jurors to make them think that lawyers are only showing them minimal fragments of information but then asking them to return a verdict. Paired with a projector and screen, the program allows for enormous magnification of pictures and documents rather than the use of 8.5 x 11 inch sheets of paper.
I believe that jurors appreciate being involved in the case rather than just being told a story. Having technology available to you in the courtroom which then allows jurors to be totally involved is invaluable. I know that's the way I learn about something best.
Visual presentation requires time, effort and a good paralegal to prepare, but the end result shows organization, dedication, belief and great pride in your client's case which can go a long way in a jurors eyes. And by the way, it also ensures that our clients get the result they deserve ? not a penny more, not a penny less.
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