Using (Pre-Trial) Litigation Technology

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.