Finney: Is trial technology a reasonable and necessary expense?

Back to TopCommentsE-mailPrintBookmark and Share

FinneyA recent decision in Suen v. Las Vegas Sands Corp., from the Nevada District Court, Clark County, demonstrated that technology at trial is a valued component and not merely a dog-and-pony show. The dispute at hand centered upon unpaid expenses for trial technology that had been deemed as not a “reasonable and necessary” expense. Despite arguments that juries have been able to reach verdicts for years without technology, Judge Rob Bare awarded financial restitution to the plaintiff in addition to a high-profile endorsement for utilizing trial technology. As reported in the Las Vegas Review Journal on Sept. 25, 2013, Judge Bare stated “I think members of a jury, most likely, are going to respect a more high-tech approach” than wading through piles of paper. “I think they will connect with it. … (It) is more than necessary in today’s modern climate. I think the judiciary should encourage this type of professional, high-caliber type of presentation.”

With on-demand access to media from essentially anywhere in the world, many jurors expect the same instantaneous displays with focused messages in the courtroom. Trial technology can include many different tools, such as the use of tablets, laptops, smartboards and complex databases. Regardless of what tools are used, some of the most effective aspects of trial technology include displaying exhibits, zooming into paragraphs, highlighting key phrases, playing video deposition clips with synchronized text, and demonstrative evidence like timelines, charts and maps.

Even with examples of trial technology, some have a difficult time understanding what benefit exists over exhibit binders, trial boards or even the ELMO. Besides the fact that our media-rich culture creates an expectation for this type of presentation, there are several other benefits including efficiency, focus, flexibility and persuasion.

Extended moments of silence in a courtroom as someone rifles through boxes or binders to find specific documents can generate feelings of boredom and aggravation often with the perception that the examiner is disorganized and wasting time. Utilizing tools like Trial Director or Sanction can eliminate those awkward moments as exhibits are pulled up immediately for the entire courtroom to see. The efficiency of displaying documents simply by referencing an exhibit or Bates number keeps things moving at a reasonable pace and creates the appearance of preparedness. As unexpected topics arise, databases can be searched to promptly locate and display documents or testimony allowing examinations to run seamlessly.

When jurors follow along in a binder, it is difficult to control whether they are following along with the line of questioning as they can easily skip ahead or flip to the wrong section. By displaying the evidence electronically you are in control of the focal point by zooming in to specific paragraphs and highlighting key sentences. Comparing documents side-by-side on the screen to show differences and similarities between versions is much more effective than flipping between sections of a binder because everyone is directed to the same section instantly. Furthermore, impeaching witnesses with focused video deposition emphasizes the severity with the inclusion of body language and tone.

Trials are full of unexpected moments that require flexibility and last-minute adjustments. Trial boards and printed graphics are not modifiable, but electronic displays allow for last-minute word substitutions in a demonstration or removal of certain timeline events. Displaying unexpected documents for a specific witness can be done without hesitation or concern around having printed copies available for the jury. Irrespective of the format, much time and effort goes into trial preparation, and nothing is more disappointing than being unable to use something after hours of elbow grease were exerted. Trial technology diminishes the likelihood of this occurring because of the flexibility that it provides.

With focused, streamlined presentations it is often easier for others to be persuaded. Momentum is not lost as a result of shuffling through folders and unorganized notes. Using tools like PowerPoint or Keynote often allow for the dots to be connected via summary slides, comparison charts and snippets of testimony thematically placed together to emphasize specific points.

As the trend to utilize trial technology grows, so does the number of tools available. Some longstanding products such as Trial Director and Sanction are specific to the legal market while others like PowerPoint and Keynote are generic presentation tools that are praised for their streamlined format, which keep people on course during opening and closing statements. When utilizing technology, it is important to remember that bad technology is worse than no technology. As such, trial teams should only use products they are comfortable with or work with a trusted and seasoned veteran. Although technology can add excitement to what may be an otherwise boring trial, the structured message presented to the jury will likely create a deeper understanding of the case and influence the verdict favorably.•


Deanna Finney ( 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.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...