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Choosing trial presentation software may not be as easy as you think. Although there are far less choices when compared to case management software and you might think the job is easy, consider this. Trial Presentation software is typically used on a “stage” in front of a court, jury, and, well, let’s just say an audience. Thus, the choice needs to be made carefully and with some due diligence. Let’s take a look at 10 tips to consider when choosing software to assist with managing and presenting evidence in trial

 

1. Pick software that you are comfortable with features that you will use. Many of the software choices have a plethora of features and “bells and whistles”. Yet how many are you really going to use? If you already have a case management software program that you are using, you may not care about some of the in-depth features that some of the trial presentation packages offer. Why choose a package with hundreds of features when all you need is something that will bring up a document and allow you to zoom in and blow up key portions of an exhibit. If you are keeping your presentations simple, then make your choice for presentation software simple. Pick the one that only does what you need.
2. Tie in with third party integration software. If you do use case management software, you are probably going to want your trial presentation software to integrate and work with it. Typically a firm will load discovery documents and testimony into their case management package during the course of the litigation. As the path to trial gets closer, the final exhibit list begins to take shape. I have seen too many firms re-scan the trial exhibits over again into the trial presentation software, simply because there is no link or integration between the two packages. Firms prefer to bring the entire contents of the case with them to trial. The desire is to have all the search and retrieval capabilities of their case management software. Once they find what they want in the case management software, they want an easy transfer to the trial presentation software.
3. Technical Support and Customer Service from the Developer. Getting the customer service and technical support in a timely fashion is key. Most end users don’t have time to wait a day or two for an answer. While in trial you are going to want quick response and assistance. You want to make sure that your trial presentation software development company can get to you within an hour or less, especially days before trial or during trial. You don’t want to be left hanging on the courtroom steps with no support from the people who wrote the software. Ask around to other users and see what they say about their response time from their trial presentation software company. Are they helpful? Do they know what they are talking about? Are they professional? What is the average response time? Do they really understand what happens in a trial and how their software solution should be used? Did they get back to you fast!
4. Using deposition video with your trial presentation software. One of the more recent popular applications of trial presentation software is the ability to present video deposition. Video-to-text synchronization in the digital world has change the way we impeach a witness or present a witness by video deposition. Some packages out there just don’t offer the ability to load and present depositions video testimony in an organized and efficient way. If you are always presenting video deposition then your choice for trial presentation software should take that into consideration. Furthermore you need to consider the process of preparing your transcript and video for use in your software. Some applications offer you the software, built in, to do it yourself. Others rely on a third party service bureau vendor to prepare them for you. When choosing a package consider this: You need to be able to adjust or prepare video deposition at all hours of the night. Make sure you choose a package that allows you the flexibility to be independent to make these adjustments and not necessarily rely on an outside vendor. You’re may need assistance at 2:00 AM the night before trial when most technical support or video processing vendors may not be available to assist. Even if they could, there may a time crunch that cannot be overcome. In addition, you need to make sure your presentation software can accept video prepared in different formats. Thus, it doesn’t matter who did the processing, you should be able to convert or load the data into your package without problems.
5. Heavy on Graphics. The top presentation software packages out there do a good job with documents and deposition video, but are not the ideal solutions for high end graphics or demonstratives. Clearly there is a difference between a TimeMap or PowerPoint vs. Trial Director or Sanction/Verdical. What your final intent is may be a factor in choosing the package that will best suit your needs. There is nothing wrong with choosing both, a package that handles graphics and one that can present documents and video. Just make sure you are clear on when to use one over the other. If you are always using demonstrative graphics and want to create more colorful and “animated” presentation, one of your choices should be a package with the right tools to allow you to do just that.
6. If it works don’t fix it. If you are using a trial presentation software package, or any package that allows you to present evidence in trial, and it works and you’re familiar with it, STICK WITH IT. There is no sense in “changing horses’ midstream”. You may be enticed with upgrades and new features. There is nothing wrong with considering updates and new features as long as it doesn’t change your existing basic use of the software and makes life easier on you. Although, make sure you test your “old faithful” software with some of the new operating systems or updates to your operating systems. Especially Windows Vista! This catastrophe has made some of us in the trial presentation business lose sleep, hair and increase our blood pressure. Test the software in the new update environment.
7. Stability, memory management. One of the most important aspects I look at with trial presentation software is how stable it is in trial. You don’t have the time to re-boot or troubleshoot in the middle of a heated cross examination. Software has to be stable and bug free when you walk into a courtroom with your system. If you find that the software you are considering has a tendency to freeze up or cause a system shutdown, you should be careful. You cannot afford to have any problems in the courtroom, especially if you are running other software along side. One of the ways to get an idea of how much memory software packages use is to bring up the Windows Task Manager, by hitting the Control–Alt-Delete key. Go to the Processes tab and find the software’s EXE program list. Check the Memory Usage value on the “Mem Usage” tab. It is here you can see just how much memory is being tied up with the package. If, when running your trial presentation software along with other software, causes your system to slow down, you may experience problems come Showtime. Make sure it all runs smooth.
8. Training: Can the rest of us learn this stuff? If a tool has excellent features but is hard to learn, it may end up sitting on the shelf. Make sure it is easy for everyone to learn. Not just mechanics of the software, (where to click and where the menu items are), but how to use it in trial. The question becomes, how hard or easy is this software going to be to learn for all the potential users. Most come with a detailed manual and help screens to assist. But is this enough? Consider the training that is available or that comes with the software. Also consider who is doing the training. You need to learn to use this tool in trial. Whoever is training you needs to not only know the software, but have experience in the courtroom and war room, so that they can properly train you on the “real-world” use of this tool, not just where the print key is. Time to competency is important.
9. Adaptability, presenting on the fly. The difference between a PowerPoint and a Trial Director is a simple one. One is a set, scripted collection of graphics, called slides that cannot be easily changed during the presentation; and the other is an interactive tool that will allow you to bring up, and modify, on-the-fly just about any piece of exhibit you choose. You must consider, before choosing a tool that you will probably need to make changes on the fly and have instantaneous access to any piece of evidence you need. Thus, if you are one who is always changing your mind and need the operator of the software to “keep up and follow along”, you need to make sure the software you choose can do that. In this manner, a PowerPoint is simply not the choice.
10. Do you want more than just presentation at trial. Recently, I had a client who was starting fresh in the computerized litigation support software world. The very first thing they wanted to do was obtain, learn and use trial presentation software. As we proceeded through training, they soon realized that the software did more than present evidence. They were pleasantly surprised at all the other features; coding and document database, , ability to search and organize depositions testimony and an ability to easily produce documents. They then decided to use the software for more than just presentation. If you are in this category, your probably would be well served to consider packages that assist with management of your case pre-trial, as compared to just using it to present at trial. Don’t be afraid to consider some of these tools as a total solution.

A Few Words About Using the Court's Built-In System
By Timothy Piganelli

No question, it is nice to see courtrooms throughout the country getting equipment so all parties can use technology as part of their presentation. In the old days, when I first started taking technology into the courtroom (1993), all of the equipment had to be shipped in and installed in the courtroom. This process was time consuming and expensive, when including the price for hardware at that time. The expense was too high for some parties eliminating the opportunity for them to use technology in court. Now with equipment in the courtroom already, everyone is on the same “playing level” and the cost to bring in technology for any party is relatively affordable when compared to the old days. But, before teams can begin to celebrate there are some steps to do before you go into a courtroom.

1. Inspect the courtroom technology. You should arrange a meeting with the courtroom representative to ensure that your laptop is compatible with the courts system. The video graphics on your laptop may require you to change some settings before you proceed into court. Mac users beware. Most court systems don’t easily handle Mac systems and there may be a need to obtain an adapter to plug your Mac Laptop into these systems (DVI to VGA adapter).
2. Make sure the audio system the court is using is compatible with your laptop or computer you plan on using. If you plan on using video deposition or evidence that has sound to it, test the courts system. Often times court systems use the same system that the microphones in the courtroom are connected to. This may cause a reduction in quality and can affect your presentation and the quality of your evidence. You may be forced to bring in your own system to ensure quality.
3. Inspect the jury monitor system. I use the term “jury monitor system” in the general sense in that most courtrooms place individual monitors in front of each juror. This gives each juror a 17 – 19 inch monitor to view evidence from. I am disagreement with this setup and prefer a projector and screen combination. A projector and screen will allow the jury to keep their focus on the presenting attorney or testifying witness while viewing evidence. Once their head goes down to view an individual monitor, some of their focus on the speaker is lost. Make sure you get an understanding of the courts system. If you would like to use a screen and projector, ask the court if you can bring your own system in. You many get rejected and be told to use the system in place. You may politely ask if you can use a projector and screen for jus the opening statement. In any event, ask before you get to court. Usually the Pre-Trial Conference is a good place.
4. Determine where the trial presentation system operator will position themselves. You want to make sure that you are in a spot whereby you are close to the presenting attorney, but not in participant’s way or line of sight. When using an automated courtroom, ask the staff where previous litigants have positioned themselves. Why re-invent the wheel.

A Few More Words About Using the Court’s Built-In System
By Timothy Piganelli

Introduction
This part of the paper focuses on creating a simple and inexpensive trial tech toolkit for the run-of-the-mill cases where resources are limited. For large complex trials where money is no object getting the right tech toolkit can be as simple as calling the right techno-consultant but for ‘lesser’ trials the attorney may need to take on the added task of creating and managing the trial technology on his or her own. In today’s economic climate the ‘lawyer as technologist’ will no doubt occur more and more as we get used to working with less and less.

Frankly most cases, civil or criminal, do not warrant outside help or expensive technology but can still be made significantly more persuasive with courtroom technology. Thankfully there is simple software and hardware available that just needs a willingness by counsel – you don’t have to be a rocket scientist anymore to run a high tech trial by yourself. If you can work a tv remote and a create a Microsoft PowerPoint presentation you’re in business.

Toolkit Contents

Software: Microsoft PowerPoint
Hardware: a projector and screen or linked monitors and a document camera.

With these ‘simple’ tools you can appear to be a techno-wizard even if you only have a law degree.

Before turning to the technology
Trial technology without content is like a politician without a platform – you can only get away with it for short time. It’s best to consider content well before technology.

Start preparing your case like you would have before Bill Gates moved to Seattle. Get the story line and case theory laid down before you start reviewing how technology can enhance your presentation to the jury. While Boston Legal is not a documentary it is very instructive to show a case can be made persuasive without technology where the storyline grips the trier of fact and simple oral advocacy can win the day.

Tools: software
There are many trial presentation software applications specifically designed to aid in marshalling facts and then presenting them.. They are effective and can be easy to use. While not overly expensive they can take some time to learn and use. There is one simple application that is readily available and simply to use: Microsoft PowerPoint (also available for Mac user).

PowerPoint meets the top two important criteria for the busy and cost-conscious lawyer. It’s easy to use and inexpensive.

While PowerPoint is linear it will meet the needs of most cases what have photographs, documents, maps and diagrams. Photos can easily and quickly be inserted as a group into a PowerPoint presentation using Windows Picture Manager. Hardcopies for documents, diagrams and maps will need to be scanned and inserted.

If there are many photos to be shown consider putting them in separate presentations arranged by theme or witness. When you have separate presentations it is easier to have them on the same disk – this will save time when switching between presentations.

In addition to making the disk an exhibit, consider submitting hardcopies of the presentations. Juries like to have something in their hands to study as the evidence unfolds. PowerPoint has a variety of options for making prints. I’ve found the most effective is printing the full slides – one slide per page. The other options which allow multiple slides and space for notes tends to make the slides too small for reading. To reduce the size of the booklets also consider two-sided printing when there are many slides.

Tools: hardware
If you are in a modern courtroom the hardware, with the exception of a laptop, will usually be supplied. In many courtrooms you`ll need to acquire and assemble your own hardware. Here are the basics you need.

1. Laptop
There are too many out there to even begin to make any recommendations. If you spend in the $1,000 to $2,000 range and you’ll easily get all you need. Look for memory 1 GB (GigaByte) range or above. That will efficiently run the software needed for court presentations. The processor speed in affordable range laptops will also suffice. Given the fast pace of change it’s always a good idea to buy the largest memory and the fastest processor speed that your budget allows.

CD/DVD drive and burner is a must.

Size and weight are also important factors.

Size is important, especially if you are building your presentation on the laptop – the large screen will make it easier. A larger size also means a larger keyboard - if you have large hands you`ll need it.

On the other side of the ledger: larger laptops mean more weight. Reducing weight generally means increasing the price. Ultraportable models weigh in under 4 pounds (1.8 kilograms), measured before weighty ‘extras’ such as a charger and extra batteries for long flights.

2. Projector
Projectors come in all sizes and shapes. Suitable projectors range from $500 to $5,000 and beyond. Beware, at the lower end of the price scale image quality generally suffers. If purchasing here are some factors to consider.

• Weight
  Consider a lighter model if you have to carry it to court often. If you have cooperative staff this may not be a worry. What you often gain in portability you may lose in brightness.
  
• Brightness
  Units of brightness are measured in ANSI (American National Standard Institute) lumens. Generally, projectors run between 500 and 2000 lumens. The more lumens the brighter your presentation will be. Above 2000 lumens is considered high-performance and can get you into expensive territory. Don’t go below 1000 lumens
  
• Contrast
  The higher the contrast ratio, the greater the projector's ability to show subtle colour detail and operate in a well lit courtroom. This may become important when showing photographs. Look for contrast ratios over 500:1. A ratio over 1200:1 is considered high contrast giving you crisp, vibrant colours.
  
• Resolution
  This refers to the clarity of the picture produced by your projector and is usually quoted using two numbers, i.e. 800 x 600, where the first number is the number of pixels from side to side across the screen, and the second the number of pixels from top to bottom.
  
  A pixel (a distorted shortening of picture element) is the most basic unit of an image – the dot. The more pixels the better – the more pixels the higher the price.
  
  Resolution is also quoted in letters i.e. SVGA – Super Video Graphics Array or XGA – eXtended Graphic Array.
  
  The resolution of your projector will be no better than your computer’s resolution. Therefore it’s best if the projector resolution matches your laptop screen resolution, which for newer models is XGA or 1024 x 768 and up. Unless you have an old laptop consider a projector with XGA resolution, which will give you clearer images, especially for small photographic details.
  
• Fan Noise
  Older and less expensive projectors have fans that make a lot of noise which can interfere with the court recording system and worse: the tier of fact’s hearing. Get a projector that’s quiet – this may be more costly but worth it. It’ll avoid the court recorder having to tell you to move the projector to the far and inconvenient side of the court room.

3. Document Camera
A document camera is simply a video camera mounted on a stand over a platform. The document camera is used to show documents, hard copy photographs and objects. These devices are also known as visual presenters, visualisers and Elmos, a manufacturer’s name. Models seen most often in court are in the $1,500 to $3,000 range. Highly portable models with high resolution but without a lot of features start at about $650. Here are some factors to consider when purchasing:

• Resolution
  This is a key factor to get the best image quality – the higher the resolution the better the image. However the ‘viewable’ resolution is determined by the projector’s resolution even if the document camera’s resolution is higher.
  
• Portability
  If you will be lugging the document camera around yourself, weight and ease of dismantling are considerations. Some new models are less than 4 pounds and designed specifically for ease of transportation.

4. Screen

Avoid the tri-pod home movie screens that were a staple of rec room life in the '60s and '70s. For a courtroom you should consider newer, professional models. Although more expensive, they are more portable, more easily set up and will give you a flatter and better surface. Rec room style screens are under $130 – they tend to be too small for most courtrooms. Larger, more suitable professional models range from $250 to $600.

Putting it all together

Five things to consider when assembling your own high-tech courtroom.

1. One Screen vs. Multiple Monitors
   • Having a single large screen for all to look at has the advantage of creating a unifying focus. Counsel can better gauge whether the trier of fact is being engaged by the evidence. Individual or multiple monitors tends to diffuse attention and may allow jurors to drift away.
   • Multiple monitors however may be the only option in older courtrooms where a single screen cannot be placed in a position for all participants to see.
2. Placement of the document camera
   • There are two options for the placement of the documents camera: next to counsel or next to the witness. Generally where counsel intends to show exhibits the camera should be next to where counsel is standing. However for an experienced or professional witness, such as an accountant, who will be pointing to specific entries on a document or other exhibit, the camera should be placed in the witness box.
3. Trip Hazards
   • When retro-fitting old courtrooms there will be many cables, wires and electrical cords any one of which can lead to a serious or at least an embarrassing trip. Have portable guards or masking tape available.
4. Laser Pointers – have two
   • When using a projector and screen it`s always a good idea to have two laser pointers on hand. One for counsel to draw the witness` attention to something on the screen, the other for the witness to do likewise for the jury.
5. Practice, practice, practice
   • Fumbling with technology undermines the confidence the trier of fact has in counsel. Assemble and test the connections well before the trial.

Practice with the witness so both of you know what to expect. Have a clear idea what presentations will be shown to which witnesses and which slides you intend to use within each presentation.

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