So your trial is coming up soon, and it looks like it will definitely happen. So now is the time to get a graphic designer to start developing some of your themes and arguments into clear and persuasive graphics, right? Wrong! The time to have started that is long past. If you develop graphics at the same time you are discovering your content for trial, you will not only have smarter and more prepared demonstratives when it comes time for trial, but you will also have better tools to assist in the lead up: witness preparation, case assessment, mediation, and settlement.
You should think of the visual case as part of your overall case, and not as an afterthought and a last-minute scramble before trial. The practical task of developing a visual component for your construction case will naturally be guided by the issues and the constraints of the case itself. At the same time, there are a number of practical considerations that should guide this development. In this post, I will share ten quick tips.
- Start early. The sooner you can identify key issues and begin developing a persuasive narrative, the sooner you can think about how that translates into a visual story. Doing this work early will help you to be positioned to fully assess and potentially resolve the case.
- Treat the visuals as substance, not frills. Give as much thought to the visuals as you do to the verbal explanations, because both are important to jurors. When it comes to understanding complex construction, the visual is the cake, not the icing on the cake.
- Work with the experts. While they may be steeped in technical language that needs to be simplified, the experts are likely to be used to teaching this information and can assist with graphics that are both effective and accurate.
- Be clear about your purpose. You are never illustrating just to illustrate. Even when your focus is on teaching, the emphasis should be on an educational takeaway that’s designed to steer jurors toward your side. Always ask, “what conclusion do I want factfinders to take from this?”
- Keep the graphics simple. It is part of the “group assignment” nature of trial that tasks like graphics can have too many cooks in the kitchen, and graphics suffer when they’re trying to serve too many masters. Even a timeline should be crafted so as to convey a central point, and not just a listing of every event. The “one message on each slide” principle is an effective one that is fleshed out in the book Beyond Bullet Points.
- Don’t use the screen as your speaking notes. Maximize the visual emphasis and play down the verbal so that jurors are primarily seeing them rather than reading them. Generally, graphics with less text are more easily apprehended and less likely to compete with your verbal presentation for the jury’s attention.
- Know how to use the technology (or hire someone who does). You will shine best when you are assisted by an expert and when you do not waste the court’s time. Do not assume that jurors or judges will be charmed by the “I’m just a country lawyer…” explanation for not understanding the technology.
- Focus on frequent rather than occasional use of imagery. Having a visual message that runs parallel to the verbal message is the best way to keep jurors engaged. Our own study (Persuasion Strategies, 2011) showed that juror comprehension is strongest when verbal messages are continuously accompanied by visual reinforcements.
- Use a professional designer. While you can create simple images yourself on screen or on a flipchart, more complex images should be left to an expert. The graphic designer will not only be able to create quicker and more professional images, but they will also have an informed perspective on what will be understandable and influential.
- Empower the witness. An expert or a fact witness who can say on the stand that they took the time to illustrate some concepts visually can use the slides as a tool to explain. Their reliance on graphics also adds to their credibility by making them perceptively more like teachers than advocates.
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Other posts on demonstrative exhibits:
- Treat Your Demonstratives as Cake, Not Icing
- Animate It: If Jurors See It, They’re More Likely to Believe It
- Take Advantage of Screen Prominence in Your Zoom Hearing
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