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Finney: Give power to your point at trial

May 23, 2012
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By Deanna Finney  

deanna finney Finney

In this age of on-demand access, it can be difficult to keep a jury engaged by merely talking and flipping through a collection of documents, especially on a complex issue. Using technology at trials has become increasingly popular with a variety of software packages specifically intended for displaying evidence in the courtroom. While these trial presentation tools have great value, they often require advanced knowledge to operate. Many overlook a tool they already have, Microsoft PowerPoint. It was initially designed to be a presentation aid, something that could bring power to your point, but unfortunately is now often more of a crutch than an aid. There are many reasons PowerPoint is not used, underused or misused during trial.

One of the most common pitfalls with PowerPoint presentations are slides loaded with bullet points and text. Bullet points are not inherently bad; they are just not the ideal tool for learning new information. They are good for summarization and an excellent way to help organize thoughts when planning a presentation, but should not be the primary presentation tool. Images are imperative to allow jurors to visually process and remember new content. There are several great ways to break free from bullet points.

PowerPoint 2007 introduced a new feature called SmartArt which automatically transforms a bulleted list of information into a graphical display that is easy to update as information changes. It is a great tool to depict process flows, organization charts and compare or contrast data. Adjustments can be made by either manipulating the graphic or altering the bulleted list, which makes creating these graphics a breeze. Within a few clicks a polished and professional looking graphic is ready without the struggle of aligning shapes, text boxes, arrows and lines.

Timelines are also a great option for displaying data. Using a series of lines and text boxes from the shapes menu, a traditional timeline can be built. The timescale can either be horizontal or vertical depending upon the data being presented. Each event can be animated to appear one at a time to allow for discussion of each point. Additionally, there are several non-conventional timeline formats that are effective and easy to create using tables and shapes in PowerPoint. These options present an overview of data rather than a detailed view of specific events. One such example is a monthly calendar with color-coded days to indicate at a glance how many times during a month an event occurred. This is a great display choice for items such as history and severity of pain, days off from work, and sleep habits of an individual. Other historical information such as prescription drug usage and employment history can be displayed nicely in a chart with the timespan in the header row and various markers or images for each event within the body of the chart. While timelines are a fantastic tool to display the big picture of a situation, it is vital to be selective of which events are included to prevent creating a slide that is cluttered and complicated.

Another major struggle that many have faced with using PowerPoint in trial is the sequential nature of the application. Trial presentations often take unexpected turns either due to a ruling by the judge of what evidence may be displayed or because a witness says something that was unforeseen. Therefore, it is important that slides and animations can be presented or skipped on-the-fly which historically has not been easy for PowerPoint users. Traditionally slides had to be presented sequentially, but beginning in PowerPoint 2007 a new slideshow option called Presenter View was introduced. This option displays a different view for the presenter allowing them to see what slides are coming up and easily skip around without the audience knowing. Other features of this view include speaker notes, current time, time elapsed since the start of the presentation, mark-up options (including a highlighter), and a black screen option which is great for sidebars when presentations need to be temporarily hidden.

While the Presenter View allows slides to be presented out of order, it does not enable presenters to change the order of animation for a slide. For example a presenter may have a slide containing an image of an important document in which they wish to call out specific paragraphs. By default, the presenter cannot select the paragraph on-demand; instead, they are presented in whatever order was set when the slide was created. Using the triggers function in the animations pane, objects can now be set to enter or exit on a trigger rather than a consecutive order.

With a little planning and exploration, PowerPoint can be used to engage jurors and avoid some of the hurdles others have faced to bring power to your point at your next trial.•

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Deanna Finney (deanna.finney@miscindiana.com) is a co-owner of the Indianapolis-based legal technology company, Modern Information Solutions LLC. Areas of service include traditional IT services, software training and litigation support including trial presentation services. The opinions expressed are those of the author.

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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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