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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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