E-Trial Technology:

Winning with the Electronic Trial:

Part Two

Your goal in the courtroom is to communicate effectively with the jury and judge. And, most importantly, convince them that your argument is the winning one. Bringing technology into the courtroom can help you win. The testimony you present becomes more memorable, your arguments more compelling, and your visual evidence more powerful.   An electronic trial can be effective for all sizes and styles of litigation - and can cost less than you may have imagined.

What Is an Electronic Trial?

In an e-trial the litigators use various types of technology to help present the case to the judge and jury. The technology becomes a trial tool, though it does not take the place of a well-thought, planned and executed verbal argument.

The jury views all the evidentiary and demonstrative materials on computer-controlled electronic displays. Monitors are placed in key areas throughout the courtroom (we'll discuss more on the specific configurations later in this article).

As each side presents, visual supporting materials appear "on cue" to the fact-finders. Often, another member of the trial team or a third-party trial services company mans the visual "controls" so that the presenting attorney isn't tied to the computer.

Why an E-Trial?

Familiarity. Traditionally, trial attorneys are the great orators. Yet, most of us today get our information from the media - either from television or our computers. According to the Newspaper Association of America, even devoted newspaper readers are turning to the Internet in droves for their news sources - often to the online version of their favorite newspaper.

We're growing increasingly comfortable with online information and, indeed, expect to receive some of our most valuable news from our computers and, of course, our televisions.

As jurors listen to arguments presented by the attorney and pair that information with visuals appearing on the monitors, they're in familiar and comfortable territory.

Persuasion. Human memory is notoriously faulty. Even the most enthralled jurors simply can't absorb as much information as they encounter in even a smaller case. After 72 hours most humans remember a paltry 10% of what they hear and 20% of what they see. However, they remember an astonishing 65% of what they both see and hear.

The trial attorney drastically increases the odds that the jury will actually remember the facts of the case if you bring technology into the courtroom to assist with your presentation.

Efficiency. Pairing visual technology with a verbal argument saves time. Stepping through complex information becomes easier as you show what you're describing. Keeping timeframes in tact is easier with a visual chronology as a guide and reference. Showing a crime scene makes description easier than talking about a physical place.

You can now present large volumes of information and evidence faster and with greater impact and efficiency.

Preparedness. With your case demonstratives stored electronically, rearranging your presentation or responding to a new direction becomes much easier. Store your information on a laptop and instantly retrieve and use any document, demonstrative graphic, video clip or animation.

If you were presenting a lot of physical boards or transparencies, you'd find yourself rifling through papers, slippery sheets, and engaging in other distracting behaviors. Instead, quickly and discreetly page through your information if it's ready for an e-trial.

Court Presentation Configurations

In the simplest court configurations, you may just bring a PC or laptop connected to a multimedia projector with its own screen. And you may add a document camera (an "Elmo") to this simple set-up so that you can project physical evidence onto the screen. For smaller cases with less visual evidence, this configuration still provides the flexibility to project many types of images (visual demonstratives, document enlargements, and so forth) without incurring much cost or technical difficulty.

For cases requiring a larger volume of visuals, you may consider a more complete courtroom configuration. In this scenario, you may bring in a large-format plasma screen along with individual displays for jury, judge, witnesses and counsel. Many visuals such as animations and more detailed demonstratives will have the most power when viewed "close-up," making the multiple displays highly impactful.

The more elements in your configuration, the more costly your e-trial becomes. However, nothing is as costly as losing.

Additional Equipment

In addition to laptops, document cameras, multimedia projectors, plasma screens and individual monitors as we discussed above, attorneys can take advantage of even more equipment for their e-trial.

Trends in Courtroom Presentation Technology Use

Acceptance. As more courtrooms add their own technology infrastructure, e-trials will become the "standard," even in much smaller cases. As legal teams become more comfortable with technology, we'll see them operating their own systems more frequently.

Some judges across America have already become outspoken, vocal proponents of e-trials for their efficiency and clarity. This trend is going to increase and we'll see some court staffs requiring or insisting that attorneys take advantage of courtroom presentation systems whenever possible.

Cost. Cost is the single factor most affecting the proliferation of the electronic trial. As the hardware and software decline in price, we'll see a complimentary upswing in the popularity of e-trials and wired courtrooms.