In the 1950s, a courtroom presentation was an attorney drawing on a blackboard.
Flip charts and large exhibits on three-legged easels made their way into the courtroom when printing large color pictures became affordable in the 1970s.
By the 1980s, big-screen monitors and laser discs made video presentations possible. Now, computer-animated graphics, charts and even holograms are making their way into the courtroom.
More lawyers are using technology in their presentations to maximize efficiency. That wasn’t always the case.
“When I started practicing law, the general consensus was that the use of technology in a courtroom presentation would give one side an unfair advantage,” said William
S. O’Hare, administrative partner at Snell & Wilmer LLP in Costa Mesa. “People thought that a jury might sympathize for a side that didn’t have technology. Now,
it’s expected to use some kind of technology during a presentation.”
Many attorneys are using video depositions and PowerPoint to present evidence and facts, said James J. McDonald Jr., a partner at Fisher & Phillips LLP in Irvine.
Computer-generated animation has played a role in trials for Joseph A. Ferrentino, a partner at Newmeyer & Dillion LLP in Newport Beach.
Ferrentino specializes in construction litigation among other areas. He used computer-generated animations during a landslide trial involving the city of Anaheim and 396 Investment Co.
Animation created by Los Angeles-based Decision Quest and geology experts was used to visually simulate how a reservoir that was leaking 34 million gallons of water prompted a landslide that devastated several homes.
The challenge was not creating the animation but making it easy to understand for the jury, Ferrentino said.
“We had to be conscious of the un-intended messages of colors and any other details used in visual graphics,” he said. “The entire message of a visual had to be perceived from different perspectives so I had many people at the firm look at the visual before we used it.
“Some experts might get too involved in the designing process and include too many facts that that average jury member won’t understand,” Ferrentino said. “It’s important for the attorney to filter information to the jury. Simplicity is key.”
,Jessica C. Lee
