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The Litigation Consulting Report

Trial Consulting: Using Trial Exhibits in Reinsurance Litigation

Posted by Ken Lopez on Wed, Jun 1, 2011 @ 03:12 PM

Courtroom animation is often indispensable for the purpose of showing jurors how technical processes work, how scientific principles come into play in a case, or how a legal concept applies in practice.

In addition, by applying trial consulting principles, litigation animation can also be used to keep a jury engaged and interested. Too often, when a case involves complicated technical issues, the jurors’ attention will wander, and even an excellent set of witnesses or a brilliant closing argument will not win the case, because the jurors just haven’t been focusing all along.trial consulting aids juror understanding in reinsurance litigation

Ray Moses of the South Texas College of Law made this point well in a comprehensive online guide to prospective criminal defense attorneys.

Modern day jurors - most of 'em are either geeks or baby boomers - receive and process information through increasingly sophisticated visual media. Every trial lawyer, particularly defenders, must learn how to use technology to engage the jury. The persuasive force and eloquent power derived from using visual and aural displays of information in electronic form, e.g., computer-generated exhibits, at trial simply cannot be ignored,” Moses wrote for the Center for Criminal Justice Advocacy.

An excellent example is the highly complex legal concept of reinsurance. Not every lawyer knows what reinsurance is, and certainly most lay persons on juries have no idea. (It is insurance purchased by an insurance company from another insurance company as a means of transferring risk from the first company to the second company.) A juror, hearing the term “reinsurance” being bandied about at the trial, can easily conclude that this is something he or she can’t understand or make a judgment about and can thus close himself out to a lawyer’s arguments.

Clearly, trial lawyers need a way to keep jurors engaged and involved when complicated financial transactions involving reinsurance are at issue in the courtroom. These cases can be worth hundreds of millions or even billions of dollars to the client. 

At Animators at Law, we developed a PowerPoint for a trial that helped make a specific reinsurance transaction easier to understand and that was intended to engage a jury’s interest.

In this case, we wanted to show that “Washto,” a reinsurance company, had created a subsidiary into which it had placed many of its bad investments. It then transferred those bad investments to “Greek Re,” which had acquired Washto, thus saddling Greek Re with the bad investments.

In the animation, we simply showed Washto dumping sacks of money into a box that represents the subsidiary. Then a truck hauls off the money to the Greek Re side.

While a juror, upon seeing this brief video, would not gain an immediate and full understanding of the concept of reinsurance, his or her interest would be piqued by this animation. Obviously, something involving money was being taken out in sacks by one company and dumped on another company. 

Most cases require the use of courtroom visuals in some form. The more complex or dry the material, the more trial consulting services and graphics will increase the chances that a jury will grasp the facts and law.

Tags: Trial Graphics, Litigation Graphics, Trial Presentation, Trial Consulting, Juries, Insurance Coverage, Insurance Litigation, Reinsurance

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Ken Lopez founded A2L Consulting in 1995. The firm has since worked with litigators from all major law firms on more than 10,000 cases with over $2 trillion cumulatively at stake.  The A2L team is comprised of psychologists, jury consultants, trial consultants, litigation consultants, attorneys and information designers who provide jury consulting, litigation graphics and trial technology.  Ken Lopez can be reached at lopez@A2LC.com.


Tony Klapper joined A2L Consulting after accumulating 20 years of litigation experience while a partner at both Reed Smith and Kirkland & Ellis. Today, he is the Managing Director of Litigation Consulting and General Counsel for A2L Consulting. Tony has significant litigation experience in products liability, toxic tort, employment, financial services, government contract, insurance, and other commercial disputes.  In those matters, he has almost always been the point person for demonstrative evidence and narrative development on his trial teams. Tony can be reached at klapper@a2lc.com.

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Laurie R. Kuslansky, Ph.D., Managing Director, Trial & Jury Consulting, has conducted over 400 mock trials in more than 1,000 litigation engagements over the past 20 years. Dr. Kuslansky's goal is to provide the highest level of personalized client service possible whether one's need involves a mock trial, witness preparation, jury selection or a mock exercise not involving a jury. Dr. Kuslansky can be reached at kuslansky@A2LC.com.

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