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The Litigation Consulting Report

How to Use Litigation Graphics in Antitrust Cases

Posted by Tony Klapper on Mon, Jan 9, 2017 @ 09:29 AM

antitrust-monopoly-power-litigation-graphics.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

At first glance, antitrust cases seem like unlikely venues for the successful use of litigation graphics. Antitrust law has the reputation for being arcane, abstract and statistical, and to some extent the reputation is justified. After all, this area of law deals with the workings of supply and demand and other economic questions, and the issue is often whether competition (or potential competition) in a market has been suppressed in some way. These matters aren’t remotely within the daily experience of jurors. How can a litigator use graphics in antitrust cases to make them make sense?

It can be done. Earlier this year, a well-written article in Law360 (paywall) noted that “explaining the details of an antitrust case to a jury can be a daunting task, but lawyers who build a compelling narrative and communicate with a straightforward style stand a good chance of bringing the jury around to their client’s point of view, experts say.” The article suggested that “many jurors are visual learners, so economic evidence is most likely to stick when the spoken testimony is supplemented with visual aids.” We agree.

Rather than defaulting to showing images of statistical models or regression analyses, antitrust litigators should consider presenting their case with visuals that we are used to seeing on a daily basis. For example, maps are an excellent way to help jurors visualize levels of competition. A state or county could be colored lighter or darker, depending on the number of competitors present in a given year. The names of the competitors can be symbolized by their logos. The entry by a company into a given geographic area is well represented by an arrow, of greater or lesser thickness. “Before and after” maps are also very effective: Here’s how dense the market was before the merger, and here’s what it looked like afterwards. And so on.

Relatively simple graphic techniques, such as bar charts, pie charts and thermometer slides, can also be very useful. A bar chart can be used to show that prices stay the same (are inelastic) regardless of the degree of competition in a relevant market (or conversely, if you are the Department of Justice, that they change fundamentally). An animated pie chart might show that in a five-year period the market share of the largest companies decreased rather than increased as new entrants appeared, indicating that concerns about market concentration are overblown. A thermometer slide (also known as a growing bar chart) might show, by category of savings, how much in the way of efficiencies was achieved.

Of course, there are many other demonstrative tools available to the prosecution or the defense in antitrust matters. Venn diagram-like slides can be used to show a lot of (or a small amount of) overlap in products or services provided by competing companies that intend to merge. For the defense, showing little overlap highlights differentiation; for the prosecution, the opposite is true. Timelines, a useful tool for most case narratives, are also effective tools for presenting evidence in antitrust cases. Timelines, for example, can depict the time and effort that went into the companies’ decision to merge and to determine if efficiencies could be achieved. Or, combined with trend lines, they can be used to explain the factors that, over time, drove the decision to merge.

With a bit of creativity, the facts in antitrust cases will be no more difficult to present successfully to jurors than the facts in any other type of case.

Other articles and A2L resources about antitrust litigation, litigation graphics and related topics:

persuasive storytelling for litigators trial webinar free

Tags: Trial Graphics, Litigation Graphics, Demonstrative Evidence, Persuasive Graphics, Process Charts, Antitrust Litigation

Why You Should Pressure-Test Your Trial Graphics Well Before Trial

Posted by Tony Klapper on Fri, Dec 16, 2016 @ 02:55 PM

trial-graphics-mock-trial-pressure-test-focus-group.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

Quite often, law firms hire companies like A2L before trial to do jury research. That research usually takes the form of bringing in a mock jury, exposing the mock jury to the story that will be presented by both sides, and then engaging the mock jury in a single-day (and sometimes multi-day) focus group exercise to find out what aspects of the two sides’ presentations worked and what didn’t.

The central part of these mock jury events is the dueling “clopenings” that are put on by different attorneys from the trial firm – one embodying the narrative that the firm is planning on behalf of its client and the other representing the firm’s best estimate of what its courtroom opponents are planning to do and say at trial. A “clopening,” as the term suggests, is a combination of opening statement, evidence and closing argument that is typically used in a mock trial.

What many people don’t realize is that in addition to testing the plausibility and effectiveness of the narratives for each side, mock trials are a crucial way, indeed the best way, to test the demonstrative evidence that one intends to use at trial.

Testing the visual persuasiveness of the exhibits is very important. For one thing, it is a key step in the iterative process that creates better and more helpful trial graphics. Fine-tuning the demonstrative evidence before trial through a carefully planned series of assessments can only make the graphics more convincing. Subjecting the graphics to the thoughts of people who may be similar to the jurors in the jury pool is invaluable. For another, this procedure gives the mock jurors the opportunity not only to tell the lawyers which graphics worked for them, but also to suggest ideas for new trial graphics that can help illuminate the case. Mock jurors are likely to help identify “holes” in the set of demonstratives that can be filled in. They can do that because mock jurors are ideally situated to identify areas of confusion or gaps of knowledge that that graphics are well-suited to clarify or close.

Trial lawyers should always think of testing the arguments in the “clopenings” and testing the graphics as a single, seamless process. You simply can’t separate the evaluation of the narrative from the evaluation of the demonstrative evidence that is designed to support it.

Other A2L resources discussing trial graphics, litigation graphics, and using demonstrative evidence to win at trial:

pretrial trial graphics motions briefs hearings

Tags: Trial Graphics, Litigation Graphics, Jury Consulting, Mock Trial, Demonstrative Evidence, Jury Consultants, Persuasive Graphics

How to Be a Great Expert Witness (Part 2)

Posted by Tony Klapper on Mon, Nov 28, 2016 @ 10:57 AM

expert-witness-visual-persuasion.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

In my last post, I talked about the fact that an expert witness needs to express her expertise in a convincing way – but also in a way that the typical juror can understand and not in the language of a specialist.

The next step in becoming a truly effective expert witness is to understand the power and the importance of visual learning.

It’s a safe bet that your peer-reviewed articles contain tens of thousands of words. Your academic poster contains hundreds, maybe thousands, of words. Your PowerPoint presentations delivered to your peers contain bullet point after bullet point of words (and maybe a smattering of cartoons).  

Ask yourself: How many television commercials convey the importance of the advertised product through words? How many magazine advertisements do the same through words? How many movies convey their story through words? How many architects explain their designs through words? How many patents have no pictures and just words? And how many biology textbooks have no illustrations and just words? In all these instances, the visual is what matters.

Studies have shown that two-thirds of jurors learn primarily through visual means. And the need for visuals becomes even greater when the information being conveyed is highly complex. That does not mean that you should simply rely on Excel charts, images of equations, and chemical formulas to convey your points. It means that you should consider incorporating litigation graphics as demonstrative evidence for your opinion testimony.

Explaining with 2D animation in PowerPoint how the mucociliary escalator removes inhaled particles from the body is far more effective than just talking about it. Describing through an interactive timeline the complex series of steps that were employed to design and build a consumer product is far more effective than just talking about it. And demonstrating through high-quality photographs and well-placed arrows that the key component of your client’s widget looks nothing like the component claimed in the allegedly infringed patent is far more effective than just talking about it.

When working with counsel to prepare your direct examination, you should demand that time be spent not just on what you are going to say but also on how to present it visually. If possible, find opportunities to leave the witness stand and demonstrate your point with physical evidence, or draw a picture on the flip chart. The more you are the teacher and not the talking head, the more likely the jury will connect with you and find you credible.

In our next post, we will discuss the proper state of mind for the testifying expert.

Other articles from A2L Consulting discussing the importance of visual learning, PowerPoint, and expert witness testimony:

expert witness trial testimony ebook a2l ims

Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Trial Consulting, Demonstrative Evidence, Juries, Advocacy Graphics, Expert Witness, Persuasive Graphics, Visual Persuasion, Judges, Persuasion

7 Ways to Overcome Cognitive Bias and Persuade

Posted by Alex Brown on Wed, Nov 23, 2016 @ 04:50 PM

cognitive-bias-persuasion-a2l-litigation-consultants.jpgby Alex Brown
Director of Operations
A2L Consulting

I read an article today that can be applied to our industry so well that I thought I should apply its lessons. The article was written by Eddie Shleyner and is titled: How to Defeat Your Most Dangerous Writing Habit: 7 Ways to Lift 'The Curse of Knowledge'

The article highlights the concept of being cursed due to knowing too much. The issue refers to someone who has studied a subject so thoroughly that it becomes difficult to explain it to people who don’t know as much about the subject.

As an example, he discusses the book, Made to Stick, where the Heath brothers provide an example: “Think of a lawyer who can’t give you a straight, comprehensible answer to a legal question. His vast knowledge and experience renders him unable to fathom how little you know. So when he talks to you, he talks in abstractions that you can’t follow. And we’re all like the lawyer in our own domain of expertise.”

Cognitive bias is what we are talking about. Shleyner notes that this is particularly dangerous to writers, since in conversation, a listener can ask questions to clarify the issue. But litigators, when giving an opening or closing statement, are in the same boat as writers since they are unable to ask or receive questions from their audience.

So, how can you defeat this curse? Ironically, more knowledge is the answer. The more you know about the curse, the less likely you will succumb to it and the more persuasive you will be. Let’s take a look at his seven best practices to combating this curse and apply them to our industry.

1. Know your audience’s base subject knowledge.

Jury Research. Focus Groups, Mock Exercises. Basically, you need to know your audience. Not only to know how they think, but why, what, who, where and the often forgotten wow. Learn how they think, learn the history to know why they think this way, but most importantly, figure out how to say it in a way that will wow them and be remembered.

Like It or Not: Likability Counts for Credibility in the Courtroom

5 Reasons Why Jury Consulting Is Very Important

Group Psychology, Voir Dire, Jury Selection and Jury Deliberations


2. Tone down your vocabulary.

cognitive-bias-synapse.jpgSpeak to the audience, not at the audience. A sure way to do this is to talk to them in a way that they will not only be able to understand, but also remember. Last night I was working on AP Psychology with my oldest (a junior in high school) and we were discussing the structure of the brain and the nervous system, specifically the identification of synapse gaps and the different interfaces.  I used the concept of roundabouts and how they connect roads. It fits but I did not consider the audience, since my daughter does not drive yet. My wife talked about soldering and it clicked since my daughter is doing that currently in her mechanical engineering class. Remember to speak “to” your audience, not “at” or “down” to them.

21 Steps I Took For Great Public Speaking Results

8 Habits of Successful and Persuasive Public Speakers

 

3. Tell a story.

At least 65% of your audience will be or consider himself or herself a visual learner. This means that they relate better and retain information at a higher rate through visuals or graphics. No matter how well you can paint a picture with words, the majority of your audience actually wants pictures. So that’s what you give them.

Litigators, Portray Your Client As a Hero In 17 Easy Storytelling Steps

6 Ways to Become a Better Storyteller

10 Videos to Help Litigators Becme Better at Storytelling

Storytelling Proven to be Scientifically More Persuasive

  

4. Ditch the abstractions.

Abstraction involves induction of ideas or the synthesis of facts into one general theory. It is the opposite of specification, which is the analysis or breaking-down of a general idea or abstraction into concrete facts. Basically, give examples that are concrete. Example:

ABSTRACT: Americans must be willing to protect our freedoms. 

CONCRETE: Voters must protect their Fourth Amendment right against illegal searches and seizures by calling or writing their representatives to protest the administration's warrantless wiretapping program. 

 

5. Provide examples.

Unlike abstractions, examples put concepts into perspective. In one of our cases involving alleged improper laddering transactions, the client was envisioning an abstract concept of showing a runner in a marathon jumping ahead and how in essence the opposition was intimating that this affected all the other racers in a way that was unfair or even illegal. We struggled with the concept because we could not guarantee that everyone who saw this would go down the same path and reach the same conclusion. Instead, we came up with the “dots” slide, which ended up appealing to the jurors’ sense of logic and was memorable.

ipo-class-action-dots-resized-600.jpg

As you can tell, this was done a few years ago, but it does not diminish the impact. Examples based on concrete concepts are usually more persuasive then abstract concepts.

 

6. Use visuals.

Bullet points are not visuals. Visuals reinforce the message and they are not meant to be redundant reiterations of what you are saying. Here are some good examples in these photos.

bullet-points-gates-jobs-bad-kill-bullets.jpg

12 Reasons Bullet Points Are Bad

The Redundancy Effect

Should You Read Documents Out Loud at Trial?

Could Surprise Be One of Your Best Visual Persuasion Tools?

7. Get an outside point of view.

When we are creating images/graphics for the matters we are supporting, we always discuss it amongst ourselves, the clients, strangers passing by… pretty much everyone. Not because we are worried or just want to show off, but because the input is invaluable to get the most persuasive graphic for our audience to connect with and understand. Why would it be different when considering your opening, closing or witness interviews or cross. Get people together to hear and see what you are planning on saying. Use peers and A2L in a MicroMock so we can review the message, and how you are delivering it.

Introducing a New Litigation Consulting Service: the Micro-Mock

With So Few Trials, Where Do You Find Trial Experience Now?

3 Ways to Force Yourself to Practice Your Trial Presentation

Other A2L Consulting articles and free resources about cognitive bias and persuasion:

how to persuade visually arguments persuasive graphics

Tags: Jury Consulting, Mock Trial, Litigation Consulting, Trial Consulting, Storytelling, Persuasive Graphics, Visual Persuasion, Opening, Closing Argument, Persuasion, Cognitive Bias

[New and Free E-Book] Expert Witnesses - Direct and Cross Examination

Posted by Ken Lopez on Wed, Nov 9, 2016 @ 11:48 AM

A2L-IMS-EXPERT-WITNESS-TESTIMONY-TALL.jpgby Ken Lopez
Founder/CEO
A2L Consulting

We at A2L are launching a new e-book this month. This time, we are publishing the book jointly with IMS ExpertServices, one of the nation’s premier providers of experts and consultants for top law firms and Fortune 500 corporations.

The title of the new book is Expert Trial Testimony: Direct and Cross-Examination. The book answers every question you might have thought of in connection with expert testimony at trial in U.S. courts, and it does so in a clear, conversational manner. Plus, it’s a free download.

As more and more money is at stake in civil trials, and as the subject matter grows more and more complex and difficult for many jurors to understand without assistance, the value and importance of expert witnesses has grown dramatically.

The difference between an effective, well-prepared, convincing expert witness and one who does not come across well to a jury can often be the difference between winning and losing a trial where hundreds of millions, or billions, of dollars are at stake.

The book is directed at experts themselves and gives dozens of do’s and don’ts that will make any expert’s testimony effective and convincing at a trial. It’s not only experts who will benefit from reading this book but also trial attorneys, trial technicians, in-house counsel, and anyone who wants to understand the best ways to put on expert testimony.

The book addresses the typical expert witness as follows:

You have read hundreds, if not thousands, of articles in your field. You likely have an advanced degree that touches on the area about which you have been asked to testify. You may have taught classes on the relevant subject matter at a university. You may have presented your thoughts and research at conferences attended by your peers. You are smart. You are well-credentialed. But are you prepared to testify in a court of law? Do you know what you have to do to be just as effective on the witness stand as you are at the podium?

Among the key topics in the book are:

  • How an expert can explain complex scientific topics in language that a juror can understand without “dumbing down” her testimony
  • Why pictures, schematics and visuals of all sorts are as important to an expert witness’s testimony as the words he uses
  • How an expert should prepare for the toughest questions on cross-examination, including questions that the expert might view as unfair
  • How to deal with a “yes or no” question and avoid the pitfalls that such a question usually brings with it
  • How an expert should use body language to help, not detract from, the quality of her testimony

We think this book will be invaluable to expert witnesses, lawyers, trial techs, in-house counsel, and others. Please download it here.

 

Tags: Litigation Graphics, Jury Consulting, Mock Trial, Demonstrative Evidence, Juries, Jury Consultants, Expert Witness, Persuasive Graphics, Visual Persuasion, Judges, Cross Examination, Persuasion, ebook

Why Lawyers and Litigation Graphic Artists Need to Work Together

Posted by Tony Klapper on Tue, Nov 1, 2016 @ 11:06 AM

lawyers_artists_working_together.jpgby Tony Klapper
Managing Director, Litigation Consulting
A2L Consulting

At A2L, we strongly believe that strong visual presentations are indispensable to courtroom success. But great visuals don’t just create themselves. Top-notch litigation graphic artists are the ones who make unforgettable visuals, and that means that graphic artists need to be a crucial part of any trial team.

And good graphic artists aren’t easy to find. As a graphic design website explains, a great graphic designer should “love art in all its forms” and “should live to create and to be inventive.” A graphic artist needs to understand color, composition, typefaces and dozens of other design elements and to use the best digital tools available.

All that means that trial lawyers need to learn how to work seamlessly with graphic artists. This isn’t necessarily so straightforward; after all, trial lawyers and artists are literally using different parts of their brain to approach a problem. Lawyers are classic left-brain people. The left hemisphere of the brain is dominant in language processing, logic, mathematical computations and memory. The right hemisphere, on the other hand, oversees spatial abilities, visual imagery, and the interpretation of context and tone. Those right-brain aspects reflect the skills and strengths of a graphic artist.

Together, the left-brain skills of the attorney and the right-brain skills of the graphic artist should produce great results – if they can work together. The trial consultant on the team ideally has a foot in both worlds, understanding the importance of precision and logic as well as the need for clarity and beauty. The trial consultant can “translate” between the lawyer’s language and the artist’s language and maximize the contributions of each one. It’s a role of the trial consultant that isn’t often noted but one that can be crucial in building the necessary collaborative spirit.

It would therefore be a shame if, as some trial teams do, the lawyers were to belittle the contributions of the graphic artist and just have him put into graphic form the lawyers’ idea of what the trial visuals should look like. Instead, an excellent graphic artist, such as those who work for A2L, should have the authority to suggest what the visual presentations should be like at trial. Empowering the graphic artist in this way not only adds a new “set of eyes” but also adds a whole new way of thinking.

As is almost always the case, the best results in litigation graphics aren’t just the work of one person. They grow out of collaboration, not dictation. One of the best things about working with a company like ours is that we know how to meld the disparate approaches of different human beings to create a great result.

Other A2L resources discussing how trial lawyers and litigation graphics professionals can work best together to win cases:

powerpoint litigation graphics consultants

Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Litigation Consulting, Trial Consulting, Demonstrative Evidence, Presentation Graphics, Advocacy Graphics, Persuasive Graphics

Visual Metaphors, Analogies & Persuasion: Convince to Win

Posted by Jeanne Cannarozzi on Wed, Oct 12, 2016 @ 02:08 PM

metaphor-analogy-lawyers-courtroom-elephant-room.jpgby Jeanne Cannarozzi
Business Development Manager
A2L Consulting

Trial teams often struggle to find just the right analogy or metaphor to help convince a jury. As persuasion consultants, our role is very often that of finding options for analogies or metaphors for a trial team to consider. It's one of those times when our office looks a lot like an advertising agency with a group trying to brainstorm. I want to share some resources used by our team in coming up with good techniques for trial teams to use.

Aristotle posits that analogies "give names to nameless things.” Cognitive science has proved that humans process new, unfamiliar concepts and understand them by comparing them to familiar concepts and experiences. The concepts of “analogical reasoning” and “analogical transfer” as described by Dr. Dedre Gentner and her co-authors [PDF], and many other researchers in the field of cognitive science, have helped us understand that human cognition is inherently metaphorical.

In the same fashion, analogies are used to convince the judge or audience by presenting similarities between two things that are otherwise not alike. The use of full case-based analogies involves more criteria than does the use of metaphors, such as the jurisdiction, the number of relevant cases that speak to the issues, and the facts and relevant laws.

A visual case-based analogy can be very effective and even crucial in science-based cases by demonstrating the connection between the present case and a favorable outcome in a prior case -- most persuasively from the same jurisdiction as the present case. You can think of the connection itself in this type of analogy as a definitive road map with a very direct route, no detours and a known destination. 

Metaphors are used to show a hidden or implied connection of two different things, ideas, or activities by symbolically representing the similarities and relationships between them. There is an inherent creative freedom in the use of metaphors because there are many ideas, behaviors, images, and expressions that have a universal meaning. Litigators can introduce metaphors to make comparisons and to point out subtle similarities between the present case and a previous case.

We have used each these techniques in litigation frequently and have written some useful articles in the past about each. 

  • Visual metaphors: In this article, Courtroom Exhibits: Analogies and Metaphors as Persuasion Devices, we write about this powerful tool. In general, these tools are very persuasive as they connect something that people already understand to something complicated about the case before them. Unlike a verbal metaphor, a visual metaphor is harder to split.
  • Analogies and Metaphors: We've created lists of lists of analogies, metaphors and idioms that help us and the lawyers we work with to find just the right tool for a particular case. In this article, Lists of Analogies, Metaphors and Idioms for Lawyers, we list some of those.

Other free articles from A2L Consulting discussing how to convey complex concepts, use litigation graphics to persuade, and influencing decisionmaking with pictures:

mock jury webinar a2l kuslansky  

Tags: Trial Graphics, Litigation Graphics, Courtroom Presentations, Demonstrative Evidence, Presentation Graphics, Persuasive Graphics, Visual Persuasion, Persuasion

How Many PowerPoint Slides Should You Use in a Typical Trial?

Posted by Ken Lopez on Mon, Sep 26, 2016 @ 01:45 PM

how-many-powerpoint-slides-too-many.jpgby Ken Lopez
Founder/CEO
A2L Consulting

How many slides should a world-class trial lawyer or trial presentation consultant create for use in a typical trial? That’s an interesting question that I hadn’t thought of until recently, when I had a fascinating debate with some litigators about this topic. One took the view that a trial with twice as many issues should require twice as many slides, even if the two trials are of equal length. I disagreed, and I think these litigators found my position confusing at first.

I told them that the presumption for any trial team should be to use as few slides as possible to make a point. More slides just create more complexity. And that inhibits persuasion.

There's a famous quote that has been attributed to many people, but it is correctly attributed to French mathematician Blaise Pascal: “I would have written a shorter letter if I had more time.” I think this sums up in many ways the goals of effective trial presentation. If you find yourself going to trial with 500 slides that you plan to use in a five-day trial, you are probably overdoing it. But people do that all the time.

I wrote about this topic in an article discussing how the PowerPoint slides that you do use are informed by the ones you don't. I think of it like a sculptor and Michelangelo’s famous saying how he could see the finished piece in the block of stone, he just needed to chip away the extraneous stones.

I do think trial presentation should work something like that. That's why it takes a long time to make a good presentation and why you should not find yourself at the end of the trial apologizing for not having written that shorter letter.

Here are a handful of best practices for any PowerPoint slide presentation with additional reading incorporated throughout:

  • Don't use bullet points. I've said this so many times that I'm nervous about over-repeating this stance. It's not the bullets that are bad, of course. It's that when you use them, you tend to commit all of of the PowerPoint slide sins that measurably and are scientifically known to diminish persuasion.

Other A2L articles related to using PowerPoint slides well in or out of the courtroom include:

Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Mock Trial, Trial Consulting, Presentation Graphics, Advocacy Graphics, PowerPoint, Persuasive Graphics

12 Things About PowerPoint You Probably Never Knew

Posted by Alex Brown on Thu, Jun 9, 2016 @ 11:47 AM


PowerPoint tips tricks lawyers opening statementsby Alex Brown
Director of Operations
A2L Consulting

The definition of power is the capacity or ability to direct or influence the behavior of others or the course of events. Graphic artists of all shapes and sizes, once they fully delve into using the Microsoft PowerPoint tool, usually end up surprised by the power inherent in PowerPoint.

When you hear people say they hate PowerPoint presentations, they usually use excuses like; “It’s too wordy, excessive effects, it puts me to sleep, Group read along, Rorschach effect, frivolous fonts, and BULLET POINTS!”

The truth is they are correct. PowerPoint is not always used to create litigation graphics to the best effect. But that doesn’t mean you should blame the tool. Here are 12 tips and features of PowerPoint that will excite and enlighten even the most creative thinker.

  1. Narrate over slides. This is especially effective when you need to create a technology tutorial or explain otherwise complicated material. We have done this for many a client using professional narrators and always with the desired effect. The audience is engaged and understanding the message as they should.

  2. Pan and zoom. Images can do more than just appear on the screen. You can create movement to keep your audience focused on what you want them to focus on. This is effective when you have a lot of images that you want to share, but in the end, you want them to focus on a specific one. You can use the zoom feature to focus them and then you can add callouts so they understand what they are seeing and what you want them to remember.

  3. Embed a functioning Excel worksheet. Suppose that your damages expert has made some brilliant worksheets. Embed them into your deck. There’s no reason to use paper handouts or to switch from one program to another. You can also manipulate the worksheet so they focus on the numbers that are key.

  4. Pop-up/call out Instead of having a slide appear completely filled with text, have it appear when needed and be replaced as you move down your key points. This is effective because you allow your audience’s eyes to focus on specific things and keep them engaged. Science dictates that they will retain more information this way.

  5. Charts. They can be used effectively to show how things relate to each other, such as a timeline, organizational chart, flow chart, or process diagram. Lawyers often are afraid to use charts because they fear that the audience will get ahead of the message. This is true in many cases, which is why you want them to build up slowly, not just sit on the screen as a static image.

    powerpoint litigation graphics consultants

  6. Pictogram or infographic images. What is expected from a trial team changes almost monthly. Today, infographics are huge, and the icons, images, and feel of infographics are comfortable and accepted. Use today’s marketing messaging to your advantage so your audience receives the message and retains the information.

  7. Highlight text to draw attention. Use a call-out to highlight a quote or a section of a contract. You want the audience to get the feel of what is being highlighted but you also want them to remember a few impact words. We all remember the old videos with the “follow the bouncing ball.” Take advantage of that familiarity and highlight the text at the moment you want them to focus on that impact word. It can be a very powerful way to get a message across to your audience.

  8. Illuminate, glow, or change the color of the text to draw attention. Like highlighting, you can also be subtle and use these options to almost subconsciously get them to remember impact words during deliberation.

  9. Embed videos. Today, your audience expects you to show them something that will wow them. If you don’t, you run the risk of disappointing them or even making them feel as if you were simply not trying hard enough. You want to keep their attention; what better way to grab it then to add video to your deck. You no longer need to bring up a different program or use a machine to play video. On a click, you can show them exactly what you want, highlight things throughout, create pop-ups or call-outs around it. This is very powerful and something we have been doing for years. See, 16 PowerPoint Litigation Graphics You Won't Believe Are PowerPoint.

  10. Animations. Many people fear animations, and they should. The courtroom is not a good place for flashing, spinning, exploding transitions. Animations are incorporated, however, in all of our decks, used sometimes without detection. The best effects are the ones that draw attention to the message, not the transition.

  11. Create custom bullets. Bullet points kill your presentation, period. But we still use lists, just in a way that does not make it LOOK like a bullet list. Create icons instead of black or colored dots. Don’t use them at the beginning, but add check marks at the end. This changes the feel and increases impact.

  12. Use 3D effects. This goes right back to what the audience expects. If you need to use a 3D image, use it. We have done this for impact and retention for years. You do not need to always use a 3D program to do it. We have used movement to backgrounds to simulate depth and perspective. All in PowerPoint. See, 16 PowerPoint Litigation Graphics You Won't Believe Are PowerPoint.

It is not your job to learn different litigation graphics packages to entertain your audience. It is your job to keep your audience engaged by employing these and hundreds of other persuasion tools so they learn and retain the information needed to achieve success when the verdict is handed down.

using litigation graphics courtroom to persuade trial graphics a2l consulting

Other articles and resources related to the use of PowerPoint at trial, litigation graphics and PowerPoint trial graphics generally:

Tags: Trial Graphics, Litigation Graphics, Animation, Presentation Graphics, Advocacy Graphics, PowerPoint, Persuasive Graphics, Visual Persuasion, Infographics

5 Things TED Talks Can Teach Us About Opening Statements

Posted by Ken Lopez on Wed, Mar 23, 2016 @ 11:20 AM


TED Talks lawyers opening statements persuasionby Ken Lopez
Founder/CEO
A2L Consulting

Last week, I wrote about a new book that proposes a variety of life, body, and brain hacks to make us more persuasive. That book is written by Amy Cuddy, one of the top TED speakers of all time. I think the lessons she teaches are incredibly valuable for litigators looking to maximize persuasiveness during their opening statements.

So, you might ask, what makes a good TED Talk a great one? After all, some TED Talks have tens of millions of views, while others on equally interesting topics have far fewer views. I am a big fan of TED Talks, and I have highlighted some aspects of them in previous articles such as The Top 10 TED Talks for Lawyers, Litigators and Litigation Support and The Top 14 TED Talks for Lawyers and Litigators 2014.

If you happen not to know what TED Talks are, they are simply short talks, generally combined with some visual support, that are sponsored by TED, a nonprofit foundation. TED Talks have become the gold standard for thoughtful, innovative presentations to lay people in many areas of endeavor.

Last year, Vanessa Van Edwards, an expert on presentations and on human behavior, studied what makes a great TED Talk, and the results are a mix of fascinating and frightening for most people. I say frightening since many of these results fly in the face of the conventional wisdom.

Of course, as someone who lives and breathes trial presentations, I have a bit of an agenda here. I think that each of the lessons that Van Edwards gleaned from the elements of a great TED Talk are perfectly analogous to great lessons for how lawyers should make an opening statement. So, here are her five key findings:

  1. The speakers’ nonverbal body language is as important as what the speakers said. This finding is quite consistent with what Amy Cuddy found in her studies. Here however, study participants ranked speakers exactly the same whether the audio was turned on or not. That's right, what people said, did not particularly influence how much a speaker was liked. Remember a key difference here between a TED Talk and an opening statement. Jurors are asked specifically to make a decision about the facts and law - not only about whose message, style, and charisma they like best.

  2. The more hand gestures used, the more the speaker was liked. Specifically, lower ranked TED Talks had an average of 124,000 views and those speakers used an average of 272 hand gestures during an 18-minute presentation. Top TED presenters had an average of 7,360,000 views and used an average of 465 hand gestures. These first two findings point to a clear need to gesture more – but as Amy Cuddy tells us, it has to be authentic. This is no easy task, and practice is the only way to train yourself to be truly authentic. See, Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well and 3 Ways to Force Yourself to Practice Your Trial Presentation

  3. Vocal variety generates higher charisma and credibility ratings. Speakers who appeared to speak from a script were disfavored, while those who changed pitch, altered pacing, and varied volume were rated much higher than those who did not.

  4. Smiling gets more likes. The more someone smiles in a TED context, the better they are received as a speaker. Does this translate to an opening statement? I’m not so sure. It would really depend on the subject matter I would think. After all, smiling during the recitation of a terrible fact pattern certainly will not be rewarded. However, on balance, where there is opportunity to do so, smiling will add to likeability. See also, Like It or Not: Likability Counts for Credibility in the Courtroom.

  5. Your first seven seconds determine how the rest of your message is received. Clearly, this is true during opening statement or even during voir dire. You will be judged by your opening line, how you deliver it, and your appearance. That snap judgment will likely color the impression of your message for the reminder of the case.

 Here's a great video from the study's author that adds color to this topic. 

Additional articles and resources from A2L Consulting about opening statements, persuasion, practice, and whether being liked by your jury really matters:

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Tags: Trial Presentation, Courtroom Presentations, Presentation Graphics, Psychology, Persuasive Graphics, Visual Persuasion, Opening, Persuasion

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Authors

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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.


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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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