Using Demonstrative Evidence At Trial
The days when an attorney can simply try a case based solely on oral presentation and testimony are gone. With the advent of technology, jurors are now more visual than ever. The negative effect is that their attention span is short and these same jurors are now more impatient than ever. While they may not tell you, these jurors expect trials to be seamless, quick, and entertaining. To hold their attention, the attorney not only has to present seamless testimony, he or she must employ compelling and powerful demonstrative evidence that will educate, inform, and captivate the juror’s attention. That is why the use of compelling and persuasive demonstrative evidence is as important as ever. The point of this paper is to help answer some basic questions to the attorney and his legal team about the use of demonstrative evidence, but also provide ideas and tips on how to create and use demonstrative evidence to persuade jurors. Along the way, another goal is to create and use these demonstrative evidence to increase and enhance the value of your case.
Using Demonstrative Evidence At Trial
- 1. CREATING AND USING COMPELLING DEMONSTRATIVE EVIDENCE IN DIRECT EXAMINATION Edward K. Le Edward K. Le, PLLC 135 Park Ave N. Renton, Wa 98056 425 336 2255 www.edwardkle.com edward@edwardkle.com
- 2. DO YOU KNOW WHAT SCARES ME MOST ABOUT TRIALS?
- 3. IT’S NOT THE OPPOSING ATTORNEY
- 4. IT’S NOT THE JUDGE
- 5. IT’S THESE PEOPLE – MY JURORS
- 6. OR MORE SPECIFICALLY THIS – JUROR BOREDOM
- 7. SO WHAT IS MY ANSWER TO THIS PROBLEM? DEMONSTRATIVE EVIDENCE WHY?
- 8. DEMONSTRATIVE EVIDENCE HOLDS ATTENTION OF YOUR JURORS & CREATE BETTER RECALL
- 9. VISUAL AUDITORY REPETITION EVIDENCE IS NOT JUST PRESENTING A FACT – IT’S ABOUT CREATING IMPRESSIONS ABOUT A FACT
- 10. IT IS TO EVOKE ANGER, ENTHUSIASM, EMPATHY, AND/OR DISGUST
- 11. DEMONSTRATIVE EVIDENCE BOLSTERS CREDIBILITY OF YOUR EXPERT
- 14. STAIRS WITH & WITHOUT CONTRAST
- 15. STAIRS OF NEARBY APARTMENTSTAIRS OF DEFENDANT’S APARTMENT
- 16. DIFFERENCE IN ABILITY TO GRASP
- 17. DEMONSTRATIVE EVIDENCE HELPS ME ATTACK CREDIBILITY OF THE OPPOSING MEDICAL EXPERT
- 19. IT HELPS ME EXPLAIN CONCEPTS
- 20. CRASH “OTHER FACTORS” PRE-EXISTING SUSCEPTIBILITY OR WEAR AND TEAR CURRENT DISABILITY LIKE THE “PROXIMATE CAUSE” JURY INSTRUCTION
- 21. LIKE HOW MANY EPIDURAL INJECTIONS MY CLIENT WENT THROUGH
- 22. IT HELPS ME EXPLAIN THE CHOICES THAT ARE AVAILABLE TO A DEFENDANT BEFORE AN INCIDENT OCCURRED 1 2 3 4
- 25. AND TO HUMANIZE MY CLIENTS
- 26. SO WHERE CAN YOU FIND THE RIGHT DEMONSTRATIVE EVIDENCE FOR YOUR CASE
- 27. FROM TREATING DOCTORS AND MEDICAL EXPERT SIMPLY CONCEPTS
- 29. SAMPLE USE OF DEMONSTRATIVE EVIDENCE
- 33. FUNCTIONAL CAPACITY CONCEPTS STANDING LIFTING SQUATTING BENDING
- 34. Activities of Daily Living WALKING RUNNING MOST TWISTING MOVEMENTS EVEN SLEEP
- 41. Functionality Ongoing Medical Care Needs Quality of Life Earlier Nursing Home Enrollment Activities of Dailiy Living
- 43. Prior to accident, Income was rising. After the accident, earnings dropped. $- $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 $30,000.00 $35,000.00 $40,000.00 $45,000.00 2004 2005 2006 2007 2008 2009 2010 Date of Injury: July 20, 2009
- 44. Overtime Hours - Before Accident v. After Accident 0 50 100 150 200 250 300 350 400 450 500 2006 2007 2008 2009 2010 Date of Injury: July 20, 2009
- 48. FINAL TIPS ON USING DEMONSTRATIVE EVIDENCE
- 49. 1. REHEARSE WITH YOUR WITNESS FIRST
- 50. 2. MOVE TO PREADMIT THE EXHIBIT
- 51. 3. AND ABOVE ALL ELSE…