Trial Technology in the Courtroom...5/12/2017 2 O.J. Simpson was a free man, despite evidence that...

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James Herrity, Litigation Technology Consultant

Background in Computer Science, from SUNY Buffalo

• Over 15 years in the legal industry• Supported over 100 trials• Involved in, and created graphics for over 1,000 cases• Some Notable Cases include:

• Valassis v News America Marketing

($300 Million verdict: Largest in MI State History)

• PNY v Samsung (International Arbitrations in London, UK)

• Tutor v Westgate (6 month trial, Millions of Documents)

• LG v Whirlpool

• Star-Brite v Gold Eagle (Federal False Adv. trial with Berger Singerman)

• FieldTurf v AstroTurf

• USA v Ferguson (AIG Fraud Trial)

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O.J. Simpson was a free man, despite evidence that would have convicted almost anyone else in the country. Trial lawyers all over the country took notice and learned an important lesson. If you have complicated evidence that is a crucial part of your case, you had better explain it to the jury in a manner that is clear and easy to understand. To that end, prosecutors and plaintiff attorneys have become much smarter when it comes to using technology to present their cases.

O.J. Simpson was a free man, despite evidence that would have convicted almost anyone else in the country. Trial lawyers all over the country took notice and learned an important lesson. If you have complicated evidence that is a crucial part of your case, you had better explain it to the jury in a manner that is clear and easy to understand. To that end, prosecutors and plaintiff attorneys have become much smarter when it comes to using technology to present their cases.

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On February 6, 1995, Judge Lance Ito approved the use of a video marking device for use in his courtroom during the O.J. Simpson trial in Los Angeles. The technology was requested by attorneys when they found that they needed an easy way to focus the judge and jury's attention on video evidence displayed on four monitors, a video projector, and -- with Judge Ito's approval – to the news media for television broadcast.

This was our first taste of trial technology broadcast right to our homes!

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More likely than not, your jurors:

• Watch 4 hours of TV per day

• Own a computer• Have access to the internet• Own a Smartphone• Have a Facebook Acct• Use YouTube

• Would embrace technology presentation

Weiss-McGrath Retention Study

0%

10%

20%

30%

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50%

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70%

Hear See Hear and See

Retention After 72 Hours

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Brings your evidence to life

Enables you to draw their attention to parts of the exhibits you want them to see

Highlighting on the fly enables you to assist the jurors in following along as you read a document

Impeaching with video testimony is much more effective when you see the witness contradicting himself/herself live

Graphics enable you to simplify complex concepts

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NYND Courthouse FLMD Courthouse

OHSD CourthouseFairfax Co. Courthouse

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2 Laptops (Primary and a Backup) / External Harddrives

Projector (over 3000 lumens) / Projector Screen

Flat Panel Monitors

Document Camera

Printer / Scanner

Wifi / Wireless Access Device

PowerPoint Remote

Laser Pointer

VGA Switcher / VGA Splitter (Distribution Amp)

Power Cords, Power Strips

VGA Cables

Gaffer’s Tape

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What is Trial Pad?

• Trial Presentation App for iPad

Where can I get Trial Pad?

• Itunes for $129.99

When should I use it?

• Smaller cases / Hearings• Not many exhibits• No need for flexibility or adding exhibits to your database “on the fly”

What do I need to make it work?

• iPad• VGA-iPad Adapter• Dropbox

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How will I present my evidence in trial?

In what electronic format do you want the exhibits from opposing counsel?

Will any witnesses be testifying via video deposition/videoconference?

Will I want impeachment clips created?

What do I want to do for my opening statement presentation?

How is the courtroom set up?

If not set up for technology already, what technology do I want to use?

Will the court allow me to bring in outside equipment?

Who will run the equipment at trial and troubleshoot any A/V issues?

Does the court require an Equipment Order to bring in equipment, phones, etc.?

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Jurors retain six times as much information when your presentation combines visual evidence with oral presentation

Proper use of technology can not make a bad case good, but it can make a good case great

Three keys: Preparation, Flexibility and Seamless

Trial attorneys who embrace the use of a multi-media presentation in the courtroom will have a substantial advantage over those that do not.

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Trial Technology Podcast

LinkedIn Groups:• Trial Technology• Legal IT Lit Support• Trial Graphic &

Presentation Consulting• ExhibitView• Ligation Support Tech• …And many more

James Herrity

JHerrity@LitOptix.com

(917) 532-1905