Litigation Presentation & Exhibit Myths Debunked

Debunking the Myths of Litigation Exhibits & Presentations

I recently attended a legal conference in sunny Arizona where I discussed the services of our company – Med Art & Legal Graphics – with attorneys from across the country. It was good to see many old friends who have used our demonstrative evidence exhibits & trial presentations with much success. Still, I ran into a few who told me, “I don’t use that kind of stuff.”

Granted, not all cases require exhibits. However, I feel I should address some…um…myths (for lack of a better term) I have heard from attorneys regarding the use of “that kind of stuff.”

Below, I debunk the 5 most common myths. I will also provide hints to help you to clarify the facts & fortify your case through the use of demonstrative exhibits and litigation presentation tools…for all budgets.

MYTH 1: We don’t go to trial, so we don’t need big, splashy graphics.

Splashy graphics? Probably not. However, you still need to present your case in a concise & compelling manner. Fumbling around with boxes of documents and MRI films in a manila folder is a red flag to opposing counsel: You might as well go to Kinkos & buy a banner saying “I am sooo not ready to go to trial!”

We offer many options that communicate the facts of the case in mediation/settlement while sending the clear message, “We’re ready, bring it on!” Briefly, in order of expense…

o Illustration (or “board”): We can take stock art and make minimal modifications, or enhance xrays/MRI films, to present a clear picture of the injury(s) in your case at a very modest price.

o Interactive PDF Presentation: These incorporate all case facts – depo clips, accident scene photos, before/after pix, photos, enhanced films, EFM strips, comprehensive depiction of injuries – in easy-to-use file that you can email, burn to disc or simply pull up with no special software. The PDFs are so easyto work with, they make TrialDirector look like quantum physics! And they’re surprisingly affordable.

o Day-In-the-Life/Wrongful Death Video: We take photos, video footage, family interviews, depo clips, medical records and all other relevant information… and put it together into a well-scripted, compelling presentation for display via video screen or laptop. And the price would surprise you: The benefits far outweigh the cost.

Many other options exist that fall in between these there basic levels of communication in terms of simplicity and cost. Med Art & Legal Graphics provides free, no-obligation quotes to determine the appropriate medium given your case facts and budget.

MYTH 2: My case doesn’t warrant the expense.

Winning is the object, right? But if the jury (or settlement panel) can’t visualize the damages, why bother?

A picture’s worth a thousand words. The complexities of human anatomy escape most people – jurors & judges alike – unless they have a visual aid to guide them. A medically accurate drawing created by a Certified Medical Illustrator(CMI) and placed within the jury’s view throughout trial will have a dramatic impact… and generally for less than $1,000.

To see examples of exhibits depicting all types on anatomy, visit the “Gallery” section of our website – www.med-art.com.

MYTH 3: Graphic exhibits won’t be admissible.

When exhibits are prepared by Certified Medical Illustrators, then reviewed and approved by the treating physician or other expert to be true, fair and accurate, they are always accepted into evidence.

A skilled attorney will have her/his exhibits prepared by a professional – like Med Art & Legal Graphics -- who works with experts to get the necessary approval every step of the way. This applies equally to crime scene exhibits, accident orientation depictions and all other illustrative mediums.

For those of you DIY folks, take note of what Ed Josiah of GREYHAWK North America has to say in his treatise, “Demonstrative Evidence Evidentiary Issues & Laying a Proper Foundation:”

“When casually measured and hastily prepared diagrams are used to pinpoint specific placement of crucial evidence, or to verify eyewitness visibility, they step over the boundary of their original intent and may create a false picture of the evidence.”

Don’t risk exhibit inadmissibility: Contact the professionals at Med Art & Legal Graphics Company – 888-715-0784. Or, visit our website at www.med-art.com.

MYTH 4: People are tired of PowerPoint presentations (or… computer-generated exhibits are too slick for my audience).

No trial or settlement presentation should look too slick… or like a yellow-letters-on-blue-background cliché.

A good trial presentation incorporates exhibits and other case elements to reinforce key facts. Here's a few things an effective presentation might include: Before/after photos of the victim; crime/accident scene photos or schematic diagram; deposition clips; audio clips of 911 call; medical illustration or enhanced xray/MRI; 2D or 3D model to depict a single injury or an interactive 3D model to illustrate multiple injuries; and more.

If your presentation is merely a series of text slides with a clipart image or two thrown in, leave your laptop at home!

Professionals with more than 20 years of courtroom experience nationwide (like Med Art & Legal Graphics) KNOW what works. We know how to communicate key case facts clearly & concisely, without pyrotechnics or other distracting gizmometry…or the blandness of a high school English lecture. We create our exhibits and presentations for one reason: To make a complex issue clear to your audience.

MYTH 5: “I can do it myself.”

Armed with the latest litigation software, attorneys with complex cases might be tempted to go it alone…to disastrous effect. When opposing counsel throws you a curve ball, you need to be framing your next argument…not searching the database for the document you need to refute your opponent’s assertion.

o Dedicated Trial Consultants. Med Art & Legal Graphics has dedicated trial consultants who go to court with you. They know your case and are poised to pull up the necessary documents as scripted or on the fly. They take the guesswork out of complex litigation situations and allow you to do what you do best – present a winning case.

o Litigation Software Training. Our years of experience and understanding of litigation software packages – including TrialDirector, Sanction and others – enable us to provide attorneys, paralegals and assistants with the necessary training to effectively use these programs for trial prep and presentation.

o Presentation Preparation for Trial or Mediation. We create presentations to meet the specific needs of your case – whether for trial, mediation or settlement. Our new interactive PDF presentations are a great tool for combining a variety of exhibits & case elements into one easy-to-use file. To request an example, call us at 888-963-3278.

o Exhibits Creation. We provide all types of exhibits, from basic stock illustrations to complex 3D models. Worried abt cost? We provide consultation and no-obligation quotes free of charge.

Contact Med Art & Legal Graphics at 888-963-3278 for all your litigation presentation needs!