Litigation Showcase
Want Your Case To Sizzle? Animate It!
Animation can clarify confusing or detailed information, and help you persuade jurors.
By Bernard Bergman
REMEMBER when judges wouldn't allow color photos because showing blood in color was prejudicial? Well, now they won't allow black and white photos because they can't tell if it's blood or brown paint. Today the use of drawings, models and video tape in the courtroom is "standard operating procedure."
Forensic computer animation is evolutionary, not revolutionary; it is nothing more than an advanced form of communication. It takes demonstrative evidence to the next logical level, from the static to the dynamic.
Psychologists argue that because people are essentially visual learners, trial lawyers can increase their persuasion abilities by effectively using demonstrative exhibits. Studies by the Rand Corp. found the following rates for retention and understanding, after 24 hours:
- Oral only = 15 to 25 percent
- Oral and reading = 35 to 45 percent
- Oral and visual = 55 to 70 percent
Today's juries and attorneys watch television and are familiar with quality video and high-tech graphics. Indeed, television stations compete for the best visual effects. Look at any newscast of a major plane crash or disaster, and you will find animated re-enactment's.
In the past, one could expect a jury box to consist heavily of retirees. But with more courts eliminating or restricting "excuses" for jury duty, jury pools are getting younger. Jury consultants see the following trends among these younger jurors:
- They are more impatient during testimony, and less tolerant of irrelevant information.
- They are receptive to video displays, and not necessarily adept at reading body language.
- They are most impressed by down-to-earth professional experts who quickly testify to evidence and then step down from the stand. Witnesses with fancy resumes and glib jargon leave these jurors unimpressed.
The ramifications of these trends? Lawyers must streamline arguments and jazz up presentations. Forensic animation can help.
For starters, animation can clarify and simplify information in a wide range of suits. In personal injury cases, accident re-constructions are increasingly common. In product liability and patent cases, animating the movement of a process or complicated machinery is effective. In contamination cases, animations can show how toxins leach either underground or in the air. Arson cases can use animation to show the spread of fire from specific heat sources.
Animation can also be used to show contributory negligence, in "what if" situations, and to illustrate alternative possible scenarios for a given set of facts.
The First Day
Too frequently, responsibility for demonstrative evidence is left to the last minute. Courtroom graphics and visual presentations cannot be taken for granted; they offer a unique and important way to impress juries.
Start to think about animation the day you get the case. Even if you choose not to use animation, the extra information you will have gathered will be useful for your litigation. Gather all available pictures of the scene, drawings, maps, blueprints, product manuals etc. When reviewing reports or other written material, highlight material that might make effective graphics. During depositions, ask that extra question that will help flesh out a response in such a way as to enhance its visual effect. Thinking "visually" during discovery can help you create airtight foundations for animation.
The ideal time to start creating an animation is eight to 12 weeks before you expect to use the finished product. This allows time for the attorney, expert, and animator to review and modify the animation so that the final product is forensically correct.
If you need help, talk with a professional who is experienced in providing forensic visual evidence - not someone who only has experience in computer animation.
Most animations are done as illustrations of expert testimony, and the animation team must work closely with the expert and the attorney to create a product that reflects the expert's testimony. This process involves gathering the initial data, reports, photos, depositions and any other relevant information available.
The next step is a story board of the animation, which is reviewed with the attorney and the expert. Then the preliminary animation is created, followed by another review. The process continues until the final animation reflects exactly what the attorney and expert wish.
The animator can assist the expert and the attorney in many ways, such as defining parameters including the limits of the action or the specific action/processes to be shown. The team also determines basic concepts, such as whether the animation will include only real time, or if it will include special features such as slow motion, close-ups, zoom-ins, 3D or 2D, and sound.
The team must decide how the animation will fit into the overall concept of the case. Will it be an instructional tool, or to show the event as it happened, or to help the jury see that the physical evidence does or does not agree with verbal testimony.
The use of animation is not limited to courtrooms. Animations can be highly effective tools for settlement negotiations and arbitration's. For example, in a complex case, showing an effective animation not only demonstrates that you understand the complexities of the case, but that you will be able to communicate those complexities to the jury.
Remember your animation must follow the rules of demonstrative evidence. Establish a proper foundation, stay away from hearsay evidence, be relevant and probative without being prejudicial or provocative. Check your court rules to be sure you are meeting any specific requirements when you develop your animation. You may also need to "qualify" your animation team, so be sure you follow all appropriate requirements to satisfy the court.
A last piece of good news for law firm budgets: With the advent of increased technology and competitiveness, the hardware and software required to produce animations is now much more affordable. For example, animations that were typically priced in the $100,000 to $500,000 range six years ago can now be produced at a cost between $3,000 to $20,000 today.
Animation may not be required for every case, but think carefully before you dismiss this important and persuasive trial tool!
Bernard Bergman is a consultant at Computer Consulting Group, Los Angeles.
| 
