Courtroom Presentation Technology Update

Clifford A. Blackman, Esq.
CAOC Seminar S. Lake Tahoe, CA
March 30, 2000

How to start using technology in your cases to enhance presentations. For the lawyer that would like to start to use the power of the computer to locate, highlight and project documents during trial the process does not have to be a frightening one. The first step is to routinely scan your documents and pictures and save them in the client's electronic file as different types of documents. Simultaneously, it is important to create a naming convention for your documents, including videos, pictures and charts.

The next step is to start using some of the available programs routinely, to index your information, and to store the documents so that you can search and retrieve instantly. Particularly helpful are the deposition case management programs. Once the attorney has begun preparing his case in a "digital" format, it is time to meet with the courtroom presentation professional. A virtually new breed of professionals now exist, following the major trials of OJ, the tobacco industry trials, and the Oklahoma bombing trial, to provide the technical expertise you need to complete the preparation of your case, and to insure an error free and powerful presentation of your documents.

Some attorneys, with a short amount of training, are doing competent jobs in trial handling their own equipment. Many Federal Courts now have permanently installed systems of CAT 5 wired communications delivery systems, so that the trial attorney literally can walk in and plug his/her computer into the system and go.

Evidence Presentation. The heart of litigation is certainly communication. Evidence is meaningless if it cannot be transmitted effectively to the jury, and from the perspective of the lawyer it may be valueless if it is not transmitted persuasively. Some trial lawyers believe that opening statements and closing arguments must be as persuasive as the law will allow. Thus, litigators today utilize a wide variety of formats for presentation of evidence, including televisions, monitors, multiple screens or large screens. The entire process of what is allowed in a courtroom is controlled by judges. Generally, trial judges throughout California have been receptive to allowing multi-media presentations during trial. There is even an experimental courtroom being constructed in Los Angeles to utilize currently available technology. Whether the documentary and demonstrative evidence in a case lends itself to high tech presentation is a matter to be assessed by the trial lawyer handling the case, and may often be determined by the lawyer's style or the impression the lawyer is comfortable conveying to the jurors.

Rapid Retrieval of Documents. When a case has hundreds or even thousands of documents, pictures or charts and diagrams, the attorney who wants to present a specific document or chart to the jury can use "bar code" technology to instantly retrieve the image and have it projected to the jury. There are a variety of service companies which can scan all of the images in the case. Normally, these are stored on CDs, and the law firm or its trial consulting firm, will load these images into one of a variety of programs being used currently.

The documents in the case are, therefore, all assigned a "bar code", and a bar code is actually printed onto the lawyer's copy of each document. When the attorney wants to bring that image up on the screens in the courtroom, it takes only a click of the bar code reader.

Highlighting Documents. The various documents which the trial lawyers wants to display to the jury frequently have key sections. By working with the trial consultant, or technical assistant to the attorney, each of the important images can be "treated" in advance of the trial, so that the highlighted version can be presented to the jury for immediate emphasis. Other features available to the trial attorney include extracting a section of a document and having it come into the front of the document in an enlarged version.

Comparing Documents. If it is helpful to prove a point in a case, the lawyer can exhibit documents and/or photographs side by side on a large screen. Using state of the art digital devices the lawyer and/or the witness can actually write on the images. The "annotated" version of the image can then be instantly stored to be used during final argument, or during the testimony of other witnesses. The "annotated" document can also be printed out in court for entry into evidence if appropriate.

Zooming In on Images. When it is important to first show the overall document, picture or chart, and then to zoom in on the image for the details, the lawyer today can easily zoom in on an image. Again, the enlarged image can be printed out, written on, and stored for later use in the case. Zooming is probably one of the most beneficial features of today's high tech systems. By zooming in the attorney is clearly emphasizing the point being proven, and the jury's attention is being focused. Compare this to the use of the enlargement which is mounted on poster board. The enlarged image is useful, but static. In other words, there is no ability to zoom in further, or to draw the jury's attention to a specific area of the image.

Videography & Animation. Display of routine day-in-the-life videos, and customized video productions are usually played over a large screen television in court, or if the more sophisticated equipment is being used, it could be delivered over large monitors, or on large projection screens. The same systems are used to present customized animation, which might be used to demonstrate the facts or opinions involved a case. Freezing a video during presentation, so that there is a clear still image, with the ability to write or draw on the image, is possible utilizing current software programs. The frozen, animated images can also be printed, offered into evidence if relevant, and be available during closing argument.

Video Depositions and Synchronized Transcripts. In cases which benefit from video depositions, lawyers are able to acquire synchronized video with the transcript. This enables the lawyer to highlight any area of text and play the corresponding section of video with a key stroke. Some attorneys have successfully utilized video deposition portions during opening statement. Several service bureaus locally and nationally have technicians available for trial to insure trouble free presentations and flexibility to make changes during court. Frequently, key documents which are enlarged and highlighted (exhibits referred to in the deposition) can be displayed concurrently with deposition testimony about them.

Powerful Database Programs Allow Full Text Queries. Deposition transcripts are easily obtained from the court reporters in a case by asking for ASCII diskettes. Other printed material can be scanned with OCR (optical character reader) software, and the results stored in a typical word processing program. These OCR'ed documents can be searched along with deposition transcripts, allowing for excellent organization of materials in a case, and coordination of records with testimony in a case. Current computer technology includes programs for a lawyer to use during deposition that allow the attorney to connect to the court reporter and have the transcript (rough version) scroll up the lawyer's computer screen. The touch of a key marks text as the deposition progresses, for thorough follow up, and careful scrutiny of questions and answers as they occur allows for easier clarification and thorough subsequent questions. Errors of any serious nature can also be avoided by clearing up the transcript error during the deposition (especially good with translation).

Sections of deposition testimony can be coded with any issue, and searches of all depositions can be made simultaneously on an issue, word, or string of words. The resulting reports provide bolded questions and answers, and exact line and page references for ease of use during trial.

High Tech Courtrooms. Once just a dream of technology savvy lawyers, there have been many Federal Courts that have invested in permanent equipment for high technology trials. Standard equipment includes document cameras, monitors for the jury, lawyers, witness, judge and public, and a place to connect the lawyer's computer. The result is a great deal of savings of time for lawyers that utilize multi-media presentations as well as a much neater courtroom. These courtrooms have been used in very large cases such as the Oklahoma bombing case. Only some Federal Courts have invested in such systems, however. In the State Courts, there are very few courts with any installed systems beyond a public address system with microphones. Portable high tech courtroom setups are available though a handful of service providers across the country. If it is anticipated that equipment will be temporarily installed in the courtroom, advance permission from the judge is always required. While some judges are liberal about allowing lawyers access to the courtroom in the evening hours after court, some are very strict and allow as little as twenty or thirty minutes to set everything up.

Configurations of equipment needed for a case will vary a great deal depending upon the actual courtroom assigned for the trial. In many jurisdictions there is a wide variety of shapes and sizes of courtroom. Therefore, it is advisable to utilize a service bureau capable of customizing the case requirements to the limitations of a particular courthouse or courtroom. Different size monitors and screens, and combinations of both can be as simple as one large monitor or screen, or might involve multiple sizes and locations.

Redundancy and War Rooms. Once a lawyer has decided to utilize computers to store, retrieve and present evidence in court, there is that inevitable concern-what if the computer crashes, breaks or is stolen? The response is redundancy, i.e. having a second computer capable of carrying on with the case. New computers have removable and swappable hard drives. What that means is that the hard drive of the computer can be easily removed and taken from the courtroom at the end of the day. When a law firm is rehearsing for their trial using computers they normally want to have a second location, whether at a hotel near the courthouse or at the office, to be able to rehearse with the equipment and witnesses. Changes can be made to the computerized images back at the office in this way. The lawyer simply carries the hard drive back to court the next day. Of course, lawyers frequently use powerful laptop computers to achieve the same thing. In many cases top of the line laptop computers are sufficient for a substantial size case.

Recovery of costs of electronic blowups and models as part of the judgment. The code allows for the cost of producing blowups, models and the like to assist the jury. Courts are routinely awarding most, or all, of the costs associated with the presentation of the images in court. This makes the net cost of using today's technology next to nothing when the case is over.