Law Practice Today

Introduction

Most courtrooms are not designed for high tech trials. What do you do if your case is assigned to a low tech courtroom, yet you want to project images, show electronic evidence and use a document camera? You convert the courtroom.

This paper shows you how, with a little effort and a little budget, you can conduct a high tech trial in a low tech courtroom. It describes the basic technology tools and some basic techniques that will allow you go high tech without breaking the bank.

This paper is intended to be a short guide to creating a do-it-yourself high tech courtroom. The emphasis is on a short guide – not exhaustive and hopefully not exhausting.

Even if you plan to hire a consultant rather than doing-it-yourself you still need to be aware of the basic tools – you need to know what’s out there.

There is little doubt that courtroom tech tools assist most cases, criminal and civil. Tech tools make the steps in the trial more efficient. Opening, direct, cross and closings can generally be done more quickly and more effectively. When used appropriately tech tools will enhance the persuasiveness of your case – a litigator’s ultimate goal.

There is also little doubt that that most criminal and civil files don’t warrant hiring an outside expert. For these cases you’ll need to be your own expert. To do that, you’ll need the will and a little technical know-how. A little technical knowledge is usually enough to make you a dangerous techno adversary.

 

The Basic Tools

There are five basic courtroom tech tools:

1. a laptop
2. a projector
3. a document camera
4. a screen
5. Microsoft PowerPoint

If you are intimidated by #1 – the laptop – you may not be ready to do-it-yourself. Hire a consultant.

Some courts provide hardware tools – projector, document camera and a screen. However the court is not likely to provide an operator – which means you’ll need to develop a working familiarity with the tools.

If the court does not supply the hardware tools you’ll need to lease or purchase them. If you plan to do a number of trials using technology, purchasing may be the most economic option – the price of projectors, document cameras and screens are quite affordable, and steadily becoming more affordable.

Below is a review of the five basic tools along with some factors to take into account when purchasing the hardware.

 

Laptop

There is a dizzying array of laptops available – with so many permutations of memory and speed that you need a Ph.D. to be able to make apples to apples comparisons. Suffice it to say that most mid-range laptops are suitable – spend in the $1,000 to $2,000 range and you’ll get all you need.

Look for memory in the range of 512 MB (MegaByte) or 1 GB (GigaByte) range. That will efficiently run the software needed for court presentations. The processor speed in the affordable range of 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.

The laptop should include a CD/DVD drive and burner. This will give you the ability to quickly make copies for the court and the other side. If your evidence includes larger video files a CD alone may be too small to hold all the files.

You should also consider size and weight.

Size is important, especially if you are building your presentation on the laptop – a larger screen is preferable. There is an added advantage of a larger size: the keyboard is larger – smaller models come with smaller and harder to find keys. If you have large hands go for a large laptop.

Larger laptops mean more weight. Reducing weight generally means increasing the price. Ultra portable models weigh in under 2 kilograms (4.4 pounds), measured before weighty ‘extras’ such as a charger and extra batteries for long flights.

Projector

As with most technology, projectors come in all sizes and shapes. Without getting too technical, a few of the key points to consider when purchasing are set out below.

 Weight

Consider a lighter model projector 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. This is a minimum since your presentation will be done with the courtroom lights ON – to discourage napping.

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.

Resolution 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.

Connectivity

The projector should have the capacity to simultaneously connect to different sources, such as a laptop, a document camera and a DVD player. This allows you to switch between sources. Most new models have this capability. Without multiple connections ports you need to change cables every time you change sources, which can be disruptive.

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.

Price

Projectors range from $500 to $5,000 and beyond. Beware, at the lower end of the price scale image quality generally suffers.

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. The camera captures the image of the item so it can be projected onto a screen – a new-fangled overhead projector. These devices are also known as visual presenters, visualisers and Elmos, a manufacturer’s name. Below are 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.

Autofocus

This is a handy feature so you don’t have to re-focus when you zoom the camera in or out.

Portability

If you will be lugging the document camera around yourself, weight and ease of dismantling are considerations. Some new models are less than 2 kilograms and designed specifically for ease of transportation.

Price

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.

Screen

The tri-pod home movie screens that were a staple of rec room life in the 60’s and 70’s are still available. They are inexpensive and give you an old-fashioned ambiance. However 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 better quality image. Below are factors to consider if purchasing.

Size

The size you choose will depend on the distance from the screen to the viewer – larger courtrooms will of necessity require larger screens.

 Image quality

The quality of the image depends on the quality of the screen material. Different screen fabrics refract light differently. Manufacturer’s use two criteria to differentiate screen quality: “gain” and “viewing angle”.

Gain measures the reflectivity of the fabric – a gain of one being equivalent to an accepted industry standard. A gain of 1.5 will therefore give you 50% better light reflection than the standard. When comparing screens choose the one with the higher gain.

Viewing angle measures the angle of offset a viewer can be and still have the same quality image as a head-on view. Some screens will diffuse light accurately between a broader range of viewing angles than others. Getting the best viewing angle is important if the jury and judge are on opposite sides of the courtroom.

Screen colour

Screen colour, white to grey, determines the contrast. A darker screen will improve the contrast in the ambient light conditions of a courtroom.

Price

Rec room style screens are under $130 but they tend to be too small for most courtrooms. Larger, more suitable professional models range from $250 to $600.

Microsoft PowerPoint

You will need a presentation software program to show your submissions and exhibits if they are in digital format. Software is not needed for a document camera.

While there are many presentation software programs, some specifically developed for lawyers, the industry standard is Microsoft’s PowerPoint. It’s intuitive, easy to use and readily available.

Perhaps the easiest way to learn PowerPoint is to have a knowledgeable colleague take an hour and walk you through the basic steps to create a presentation. Once you’ve seen the basics you can get started and learn more as you go.

There are also many good teach-yourself texts available from your local library or online sellers. Set out below are a few useful texts for the PowerPoint novice.

 

• Microsoft PowerPoint 2007 Quicksteps by Carole Matthews, McGraw Hill 2007.
• PowerPoint Step by Step (available for PowerPoint 2003 and 2007 versions) by Online Training Solutions Inc. (2003); and by Joyce Cox and Joan Preppernau (2007), Microsoft Press 2004 and 2007.
• PowerPoint for Dummies (available for PowerPoint 2003 and 2007 versions) by Doug Lowe, Wiley Publishing, Inc. 2003 and 2007.
• Absolute Beginner’s Guide to Microsoft Office PowerPoint 2003 by Read Gilgen, Que Publishing 2004.

NITA has several specialty PowerPoint texts:

 

• PowerPoint 2002 for Litigators
• Basic PowerPoint Exhibits
• PowerPoint 2003: 50 Great Tips for Better, Easier Slides

The do-it-yourself high tech courtroom

Proper court set-up is crucial.

Because most courtrooms were designed and built before the advent of laptops and many before television, the do-it-yourself retrofit presents challenges.

You will need to scope out your courtroom in advance to determine the best placement for the hardware tools and resolve other potential issues.

Below are some important points to consider.

 

Screen placement -- Start the set-up with the screen and work from there. Placement of the other tech tools will of necessity be determined by where you put the screen. The screen will be the main focal point. Everyone – counsel, the judge and the jury must be able to see it. In a criminal trial this will include the accused.

Screen Alternative -- If your exhibits do not need to be projected onto a large screen, for instance a video on your laptop, you may want to consider using a monitor. The monitor must be LCD (Liquid Crystal Display) or plasma – a conventional TV will not work with the laptop. You may need multiple monitors depending on the court layout.

Equipment stands -- You may need a separate stand or table for the projector and document camera. In many courtrooms the counsel desks are fully occupied and not conveniently located to act as an equipment stand.

Projector placement -- The location of the projector is dictated by the screen. It is preferable to have the projector directly in front and in the middle of the screen. If that is not possible the shape of the image will be distorted. For how to correct this distortion see Projector – keystone correction below. Fan noise may be a consideration when lining up the screen and the projector. If the fan emits too much noise the court recording system may be affected.

Laptop placement -- The laptop should be within easy reach of counsel. Counsel will need to load disks or call up specific exhibits in a PowerPoint so it should be conveniently located.

Document camera placement -- In most instances, the document camera should be close to where counsel stands when questioning the witness. This allows counsel to control what the witness and the trier of fact see. However there will be instances where it’s better to have it next to the witness. For instance, for a professional witness who has possession of documents, it may be more efficient to have the document camera next to the witness.

Laptop – projector connection -- The laptop is normally connected directly to the projector using VGA (Video Graphics Adapter) computer cable. The cable that comes with the projector is usually short – under 2 metres (6.6 feet). Longer cables are available at most computer stores for under $70. It is also possible to connect the laptop through the document camera rather than directly to the projector.

Projector – document camera connection -- The connection between these also requires a computer VGA cable. Check the projector-document distance in advance.

Switching between sources -- The two sources of projected images are the laptop and the document camera. When you plan to use both you will need to be able to switch the projector from one to the other. Normally the laptop and document camera are connected directly to the projector by their own separate computer cable. When this configuration is used, switching between sources – the laptop and document camera – is done at the projector. Newer projectors have a remote control with a switching function. If the laptop connection is routed through the document camera, switching sources between the laptop and the document camera is done at the document camera.

Projector – keystone correction -- When a projector is angled upwards (or sideways) at a screen the image on the screen is no longer square. It’s in the shape of a keystone – the central wedge-like stone at the top of an arch that keeps the arch from falling. Using the projector’s keystone function, you can‘re-square’ the image. You may have to do this every time the projector is rebooted. Newer projectors automatically compensate for the keystone effect, both horizontally and vertically.

Extension cords and power bars -- In older courtrooms electrical outlets are at a premium. You should have extensions cords and power bars at the ready – be careful not to overload the circuits.

Trip hazards and water jugs -- When all the wires and cables are in place, you should consider which ones could cause embarrassing trips. Pulling over a projector, while perhaps funny in a Mr. Bean movie, may diminish your reputation in the eyes of the jury. Potentially hazardous cables and extension cords should be taped down or placed under a reusable line protector. Line protectors are inexpensive and well worth it for peace of mind, not to mention avoiding potential lawsuits. Keep you eyes on water jugs too. If spilled into a laptop or other electric device serious harm can occur to you and the device.

 

Using the Basic Tools

With the four basic hardware tools and the PowerPoint software, you’ll be ready to easily and effortlessly use technology in opening and closing statements, presenting exhibits and making legal argument. But don’t go overboard – every trial doesn’t need every step to be techno. Pick and choose judiciously.

Opening

An effective opening tells the story of your case. Its effectiveness can be enhanced by using technology to project images using either PowerPoint slides or the document camera. The images should aid the opening – not displace the persuasive of your words. The power of the technology lies in telling the story with visual aids.

The visual aids are not a substitute for a well-structured opening – they merely make it easier to understand because the tier of fact will hear and see.

If visuals don’t clearly enhance the story, don’t use them.

Here are some points to consider when opening with tech tools.

Use only admissible visuals -- Don’t use exhibits or graphics that may later be ruled inadmissible or prejudicial – otherwise prepare yourself for objections or worse a mistrial if the jury has been irrevocably prejudiced. Without giving away all your opening pyro-techniques, you should seek pre-opening rulings for visuals that may be controversial.

Be selective -- Use a minimum number of images to avoid tedium setting in. While you may plan to tender a hundred photographs in evidence, they don’t all need to be shown in the opening

Text – little but LARGE -- Use as little text as possible. The trier of fact will read your text – if there’s too much you’ll lose your audience to reading. Keep text to the bare minimum – use photographs and graphics wherever possible. Use headlines which you then embellish with oratory. For instance, a headline might say ‘Dangerous Intersection’ at which point you show a photograph and make the point in your own words. Text size is important – use LARGE font. Test it out in the courtroom to ensure that the jurors in the back row can read it.

Slide Colour -- PowerPoint allows you to select any background colour you can imagine for your slides. You should consider a dark background with a light coloured text, for instance white text on dark blue. This generally will make text stand out and be more readable in a well lit courtroom.

Diagrams and flowcharts -- Where your opening introduces complicated relationships, fraudulent flow of assets, chain of events etc. consider using a simple diagram to tell the story. The diagram can be shown during the trial and in closing to reinforce the point. If you are adventurous add animation to show flow and movement.

Take your time – don’t waste theirs -- If the slides were worth producing, give the jury the time to read the text and savour the images. The corollary: don’t waste the jury’s time with irrelevant images. Keep photographs and graphics at an “enjoyable level”. Remember the last time your neighbour asked you to watch their travel slides – how many did it take before you were screaming (to yourself of course) get me out of here! Don’t induce that same feeling in the jury.

Use a slide advancer or wireless presenter -- Your goal in opening using visual aids is to naturally weave your words with the PowerPoint images. For instance as you are saying “there was limited visibility at the poorly designed intersection” you pause and a photo illustrating your point appears on the screen. Your flow should not be disrupted by constantly walking over to your laptop or giving hand signals to an assistant to advance the slides. This will have an adverse affect on the jury’s attention. To avoid this, use a handheld wireless slide advancer to change the images. The wireless advancer sends radio signals of your wishes to a receiver plugged into a USB port on your laptop. The advancer does NOT need to be pointed at the receiver like the channel changers of old. Hold the device casually by your side as you advance the slides. It should all appear natural and seamless. You may need to practice being naturally casual. Choose an advancer that incorporates a laser pointer. This allows you to draw specific details on the image to the jury’s attentions.

Don’t talk to the screen -- Don’t let the technology interfere with establishing a relationship with the trier of fact. If you are constantly looking at the screen yourself the jury will get to know your back. You will, of course, need to make sure you have the right slide up on the screen as you talk – it’s embarrassing to be talking about the dangerous intersection when showing a straight stretch of road. It will certainly make the jury smile, if not laugh. Use your laptop’s screen to check that you have the right slide up. There is a setting which allows the slides to be on the projector screen and laptop screen simultaneously. Position the laptop in your field of vision but out of the jury’s sight. Out of the corner of your eye casually check the laptop screen as you change the slides.

Hard copy of the presentation -- If the opening is made to a judge alone consider providing a hard copy of the presentation in advance. If you print off the presentation as a handout – 3 slides per page – the judge can follow the opening more easily and make notes alongside each slide.

For pauses use blank slides or screen cut-off -- If you plan to make dramatic pauses or change direction in the opening you may want to redirect the jury’s attention away from the screen. To do this, you can use a blank slide inserted at the appropriate break point. This will direct the jury’s attention away from the screen and back onto you and provide the opportunity to re-focus the jury’s attention on the next topic. Some wireless presenters have a screen cut-off button that can be used to the same effect. The option merely turns the screen blank without affecting the projector, or your place in the slides.

 

Exhibit Presentation

Presenting exhibits using the basic software and hardware allows everyone in the courtroom to be on the same page. It engages the trier of fact much more directly than a witness testifying about an exhibit few can see. When a large image of the exhibit is projected onto a large screen using the PowerPoint software or directly from the document camera, everyone in the courtroom knows what’s being talked about.

Even before you consider how to present your electronic evidence and illustrative aids, you will need to consider if you can present them. Considerations of admissibility are outside the scope of this paper and will depend largely on the applicable rules of evidence and rules of court. For an excellent review of the potential legal issues see Effective Use of Courtroom Technology: A Judge's Guide to Pretrial and Trial, by the Federal Judicial Center. Online at: http://www.fjc.gov/public/pdf.nsf/lookup/cttech00.pdf/$file/cttech00.pdf

Consider the following points when using tech tools to present evidence.

The ‘kill switch’ -- There is none in the do-it-yourself courtroom. With that in mind, care needs to be taken to ensure evidence is admissible before it’s flashed onto a large screen for the jury to see. Where objections are anticipated or you’ve been alerted to impending objections, seek the appropriate ruling or agreement first.

Keep the record in mind -- When you are building your PowerPoint presentation of photographs, documents etc. keep in mind that when the slide is projected you will need to make it clear on the record what slide is being referred to. Therefore, each slide should have a unique number. In PowerPoint this can be done by setting the Master Slide to automatically number each slide. If there are many photos or documents, consider having separate thematic slide presentations. They should be given file names accordingly. For instance you might have a presentation called “Accident Scene Photographs” and another entitled “Defendant’s Injuries”. Within each presentation the slides are given unique numbers.

Marking slides ahead of time -- If you know you want to draw a witness’ attention to a specific part of a photograph or document, you should consider marking it on the slide ahead of time. PowerPoint allows a circle or other shape to be drawn on top of the photo or document. You then merely need to have the witness comment on the marked area. You should consider having a clean photograph or document followed by one that’s been pre-marked. The alternative is to point with a laser pointer. This approach will require you to describe for the record, exactly where you are pointing.

Two laser pointers -- One for the witness, the other for you. The witness will likely be some distance from the screen – so pointing with a finger may be ambiguous. Ambiguity is removed with a laser pointer.

Changing Slides -- A slide advancer is useful to change slides only if you intend to show the slides sequentially one after the other. If you intend to jump around in the slide presentation you merely need to type in the new slide number on your laptop and hit ‘enter’. In preparation for moving non-sequentially from slide to slide it is useful to have an index of slides with a witness correlation showing which witness needs to see which slides. While you can change slides with a remote mouse they are not terribly easy to use and require more physical manipulation than a simple typing stroke.

Inserting Photographs into a PowerPoint presentation -- There are two main ways. In the PowerPoint program use the “Insert” feature and put the photos in one at a time. A quicker, simpler way is to insert selected photographs using Microsoft Office Picture Manager found under Microsoft Office Tools. This program will insert photographs as a group into a PowerPoint presentation. It also allows the photos to resized and arranged before insertion.

Hard copies -- The main object of using technology is to increase persuasiveness, not necessarily to cut down on paper. It is often very helpful for the trier of fact to have a hard copy of the slides. They can mark their own copies and flip back and forth as required. Many judges and juries prefer to hold onto something they can make notes on and look at during breaks in the action. A hard copy can also act as a reference tool in the jury room.

Entering exhibits -- You will need to enter the electronic exhibits that are shown in court. Keeping this in mind, the images should be shown from a disk that is capable of being submitted as an exhibit. Therefore, you should not show images from your hard drive or a memory stick that you want to keep. The format of the disk should be such that the jury can easily access them during their deliberations. In other words, no arcane formats that are not compatible with the jury’s computer software. You should alert the court before hand what programs will need to be available on the jury room computer to permit a proper replay. You should use disks that can not be re-written to prevent alterations. If you are using a medium that can be changed, make sure the files are write-protected so no changes can be made after they are entered as exhibits.

Original format -- It is always a good idea to keep the original electronic formats on hand and in a non-alterable form in the event that an issue of ‘doctoring’ is raised. Because it is easy to make copies of electronic formatted exhibits there is a risk that the quality or content of the image may change in the copying process – deliberately or inadvertently. Having the originals on hand may head off objections.

Time and focus -- The trier of fact may need some time to view the exhibit displayed on the screen – give them that time. Allow the jury to focus on one exhibit at a time without other distractions. Don’t let the witness move on to another point or exhibit while the trier of fact is still studying the displayed image.

Below are points to remember, specific to using a document camera.

A ruler and clean hands -- The document camera can take a quarter and blow it up to many feet wide. To ensure the trier of fact has the correct size context, place a ruler next to the object, this will be particularly useful for smaller objects. When using your finger to point under the video camera (as opposed to pointing at the screen), remember the finger will be enlarged many times. Keep it clean or use a pen.

Practice working with exhibits on the platform -- Maneuvering objects or documents into position on the platform under the video camera may be spatially challenging. When you look at the screen the right becomes the left and vice versa. You’ll need to practice so you don’t confuse your audience or induce motion sickness. Similarly, the zoom in and out feature needs practice. You may want to consider putting removable tape on the platform as a guide for placing documents. If you intend to show a book, consider photocopying the page first. Getting a book to lay flat and still is often a challenge.

Photographs – use PowerPoint where possible -- While photographs can be shown using a document camera, quality suffers. The photo may not be perfectly flat, it may not fully fit onto the platform and lighting may distort colours. It’s better to show photographs using PowerPoint.

Show all first – then zoom in -- When showing a document on the document camera, show the entire document first to orient the trier of fact. Having done that you can zoom in to enlarge a particular area. This will keep the jury from wondering which document it was, or if there was a slight of hand.

Legal Argument

Using PowerPoint in legal argument is not for everyone, nor every argument.

Slides can be used effectively in a legal argument by combining text and exhibits side by side. Listing evidence can also assist – for instance if a timeline is important showing it on a large screen while making the legal points can be effective.

The judge should have a hard copy of the presentation in handout format – 3 slides per page – in advance.

Don’t write out your full argument on the slides, nor should you read out the slides verbatim, unless it’s a specific case law quote.

Use headlines that can be spoken to one at a time. Keep the text to a minimum on each slide – no more that five points per slide.

Consider animation to bring up one point at a time. If you have provided a hard copy in advance, the judge can easily anticipate what’s coming next.

There is a distinct downside to using a preset slide show for a legal argument. It reduces spontaneity. It may be difficult to adjust where a judge’s questions take you in a direction you had not anticipated.

 

Closing

The points made in the “Opening” section above apply equally to closings. There are few additional things to consider.

Showing electronic exhibits -- In the closing you can pick and choose which exhibits you will use to make your point. If you have submitted your photographs or documents in PowerPoint format it will be an easy to cut and paste them into a closing PowerPoint presentation. You should however make reference in your closing slides to their origin. For instance in the slide footer you might add: “Exhibit 3 – Presentation 2 – slide 14”. This will confirm that you are not introducing any new exhibits into the fray. It is also important to maintain the integrity of the electronic exhibits you import into your closing. You should not distort or otherwise edit electronic exhibits.

Resizing electronic exhibits -- Enlarging documents to focus on a particular passage can be done easily by resizing the document on the slide. As with the document camera, it is a good idea to show the original sized slide before you enlarge the text.

Adding graphics or text to the electronic exhibits -- You may want to mark the slides you cut and pasted from the trial exhibits into your closing PowerPoint. You can add a line, circle or text box etc. – PowerPoint provides endless options. This is very effective, but should not be unfair, prejudicial or amount to you giving evidence. PowerPoint allows you to use freeform lines, arrows etc. for drawing over a photo or map. So for instance, if the route of travel is important, it can be drawn on the map in accordance with the evidence of the witnesses. If the goal is to show how the witnesses differ in their evidence, using a separate coloured line for each witness will enhance your point. Specific parts of documents can be highlighted using a frame or text box.

 

Conclusion

While there are quite a few hoops to go through, the positive impact of a turning your low tech courtroom into a high tech venue is worth the effort.

Final words: before launching into your first tech trial, practice until you are fully conversant with the technology.