Using (Pre-Trial) Litigation Technology
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Many litigators are discovering the persuasive power of visual
evidence during pre-trial.
Organize Your Case Better. During discovery, gather evidence which
will be visually interesting: maps, blueprints; have aerial photographs made of the scene,
photograph a wound, videotape a mechanism while you still have access and before changes
occur.
You can communicate more easily with your experts using diagrams, charts, technical
illustrations. These and other visual exhibits can be used effectively during video
depositions or later in court.
Concentrating on the picture of the problem focuses your litigation team and
makes your message to jurors easier to understand.
Give Yourself a Psychological Advantage. Opposing counsel
will see your commitment, organization and strength. They will believe your case is
strong. That intuition will bear heavily on their settlement considerations. You client
will see visual proof of progress in a case they understand.
Troubleshoot Your Case. Test your visual evidence and
arguments before a mock jury during a focus group or trial simulation. If your arguments
are hard for jurors to understand, you can strengthen them later with a different
approach, and better visuals.
Improve Your Settlement and Mediation Results. Strong
visual evidence and graphics can be effective in presenting your arguments and securing
the settlement you want without the additional cost of a trial.
Cost Effective Investment. You need not spend your total
exhibit budget at once. Make draft versions and small copies for use as your case develops
during depositions, mediation, settlement or trial. It's risky to hold up visual evidence
development until a few days before to need them. You and your witnesses need time to make
changes, to revise and strengthen, and practice using them.
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