Creating Effective Visual Presentations for the Courtroom

by Sara Constantine, posted May 21, 2014

Visual demonstrative evidence is a tool that should not be overlooked as you prepare for trial. The use of visual demonstrative evidence (including graphics, illustrations, and animation) allows you to effectively and efficiently present your case and improve juror recall. Visuals can also help you achieve many other goals, including: ensuring accurate perception of a concept, solidifying you and your witness’s standing as a subject expert, engaging juror emotion, and persuading your jury to make a particular verdict.  Furthermore, it can accomplish these goals mediation just as well as in trial.
Developing visuals early in case is critical. Apart from making sure you have the time to get the highest quality visuals, it is also part of the discovery process and can influence the way the case is most effectively presented. Since 98% of civil cases and 99% of class action lawsuits settle before trial (Refo 2004, Smith 2011), it is necessary to devote as much preparation for mediation as for trial. Having visuals ready at mediation not only impresses the value of your case on the mediator, opposing counsel, and others (such as insurance adjustors), but also clearly establishes your ability to present to the jury in a clear and understandable manner. This demonstrates the risk of not settling before a case goes to trial to the opposing counsel and may increase your settlement value.

“Visuals with oral communication improves recall to 85% after several days.” 

If a case is not settled, these visual aids become even more valuable. About 60% of jurors are primarily visual learners compared to just 37% who are auditory learners (Brenden 2005). Presenting both visual and auditory information simultaneously is a good strategy for both types of learning. In general, people tend to remember only half of what they hear immediately after hearing it and recall drops to 35% after 8 hours (Adler, 2006). Using visual and oral communications improves jury recall to 85% after several days (Strong 2000). Use of visuals aids can also enhance juror perceptions of a lawyer’s competence and credibility (Park 2012).

“90% of jurors found video presentations more effective than verbal explanation alone .” 

Animations can clearly depict a process (such as how a drug can have unintended consequences in the body), a sequence of events (such as an improperly performed medical procedure or vehicular accident reconstruction), or important spatial relationships (such as the malfunction of an infant car seat or the location of individuals in a crime scene). A study on video evidence presentation indicated that 90% of jurors found these presentations more effective than verbal explanation alone (Frederic 1999).  Animations are easier for jurors to understand than comparable diagrams and can be persuasive in certain situations (Dunn 2006). Furthermore, jurors make decisions that are more consistent with evidence when shown supporting computer animations (Kassin and Dunn, 1997). Animations can also produce stronger emotional reactions in a jury than live testimony or printed transcripts (Fishfader, 1996).