Second Opinions

How Can a Litigator Go From the Dark Ages to Enlightenment in One Quick Step?

By John Tredennick

IF YOU are new to computers, and want to use technology in the courtroom, here is my advice: Keep it simple and have a helper in the courtroom. Above all, remember the First Rule of Wingwalking. That said, let's begin.

Keeping it Simple

Jumping to high-tech enlightenment in one step is like trying to learn to fly a 747 on your first lesson. It is tough on the plane and I doubt anyone will want to fly with you the first time around. Instead, start with something simple. You can always rev it up later.

One alternative to paper charts or an overhead projector is a Doar Communicator. The Communicator is a cool projection device designed to work with paper. It hooks to a TV or large computer monitor and projects whatever you place on its bed; pictures, a document, color graphics, even physical evidence. Its primary attraction is simplicity. The only buttons you need to use are focus and zoom. Knowing you can wait until the last minute to work up graphics is an added bonus. Cost? About $6,000. Another good choice is the Elmo Visual Presenter.

PowerPoint

PowerPoint is the next step up the technology ladder (kind of like flying a twin engine plane). It is pretty easy to use (although, if you have never used a computer . . . )

With it you can create text and bullet points to reinforce your argument. You can make charts and graphs, or import them from Excel or any drawing program. You can display scanned images of key documents, with highlights or other embellishments. All of these are displayed on electronic slides. You can move through them sequentially or jump among slides.

There are two things you need for PowerPoint: A 13 year old kid to help you learn how to use it, and a projection device to display it in court. I can't help you with the kid but I can say a few things about projection devices.

A projector acts like an external monitor for your computer. Plug it into the external monitor port and fire it up. From there, you are off to the races, projecting whatever you have on a large white screen (the more reflective the better).

Prices range from $3,000 to $12,000. The tradeoff is brightness. Brightness is important because you want the jury to see what you are projecting. If you have to turn off the lights, they will soon be asleep.

Minimum brightness for courtroom use is 1000 lumens. While some speakers use cheaper projectors, they must close the curtains and dim the lights. Most judges don't like you messing with their courtroom. It is hard to recommend products because there are many good ones and offerings change by the minute. My advice is to find a reputable dealer who carries several lines. Take an afternoon and try them all. Keep the lights up and the blinds open while you run your test. See which one you like.

Consider renting a projector. For $300 per day, you can get the latest and greatest.

The key benefit, aside from not having to spring for your own projector, is that you get to try the latest technology each time you rent.

Courtroom Software

When you are ready for the big leagues (fasten your seat belts please), there are several programs built for courtroom presentations. The leader is TrialDirector. This program runs on an Access database, which allows you to load an almost unlimited number of images and graphics into the system.

TrialDirector offers random access to your images. Unlike PowerPoint, it will also display multi-page documents and let you annotate or highlight them. You can even run a PowerPoint presentation from it.

If you really want to shine, use your word processor to create bar code stickers (you need a special font for this). Then access your exhibits through a bar code wand. We use a wireless one which allows me to call up a specific exhibit right from the podium

TrialDirector now has competition from a program called Sanction, which was developed by some of the TrialDirector programmers. Sanction costs about $400, TrialDirector can cost considerably more, depending on which modules you purchase.

Getting Help

The first few times you use a computer in the courtroom, bring an assistant. Someone who knows computers. Trials are stressful. Worry about presenting your case, not how to keep your computer running.

Ready to begin? Whatever you do, don't wait until the last minute. Make sure your equipment is working and you know how to use it. Have a backup plan in place, like paper copies of key exhibits.

The First Rule of Wingwalking? Don't let go of nothing, till you got firm hold of something else!

John Tredennick is a litigation partner at Holland & Hart, in its Denver office. He also is CIO of the firm, and director of Trial Partners, a graphics, jury consulting, Internet development and litigation support artm of the firm. He is a member of the LTN Editorial Advisory Board.