Show, Not Tell: Effective Use of Demonstrative Evidence

May 1, 2009, 12:00 - 1:00 pm EST

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Are you getting the most out of demonstrative evidence/graphics/exhibits you decide to use in a case? Do you know the optimum time to plan demonstrative evidence? Are your graphics designed to be absolutely clear and compelling? Do you know how to obtain effective feedback to improve your exhibits? Do you know when to use low tech, medium tech and high tech demonstrative evidence? Have you envisioned a trial as a play that needs visual aids at each stage?

If you have answered one or more questions “no”, this is the program for you. Designed for attorneys, paralegals and legal nurse consultants, this session will assist you to plan effective visual aids, work with a graphics designer to obtain the results you need, and direct the courtroom drama with on-target exhibits.

Evaluation and Post-Test for CEUs (pdf)

Stephen Appelbaum CEP EPIC is owner of The Evidence Store, a walk-in retail store and litigation consulting service in Union, New Jersey, for trial attorneys. When Mr. Appelbaum moved into his new facility in 1998, he added a full size courtroom for the purpose of conducting mock trials and for teaching demonstrative evidence techniques. The Evidence Store provides all forms of legal photography, video and litigation graphics. Mr. Appelbaum has lectured nationally to photography organizations, local and state bar associations, numerous Inns of Court as well as having been featured on national and local radio and television programs. He is a former editor of the Journal of Evidence Photography and is a member of the Board of Directors of the Evidence Photographers International Council. He is also a member of the American Society of Trial Consultants, the Professional Photographers of America, the International Association for Identification and the American College of Forensic Examiners.

Steve Appelbaum answered these questions:

Where and when do we begin collecting or preserving demonstrative evidence?
What are advantages and disadvantages of taking photographs with cell phones?
What is a potential source of pictures of a car involved in a car crash?
What are some essential questions to ask before planning any type of demonstrative evidence preparation?
What is the most important question to ask?
What is a before and after exhibit?
What is an anchor exhibit?
How can a timeline be used effectively?
What are some essential principles that should be considered when developing a timeline?
What color combination offers the most contrast?
Why is it important to do a timeline to scale?
Are there certain associations that we have with colors, and should those associations be considered in selecting colors for various parts of an exhibit?
What are some general principles that should be considered when putting together exhibits that include medical illustrations such as anatomy or surgical storyboards?
How do we know before we go into the courtroom that they are actually going to accomplish the purpose that we intend?
Why should the attorney generally avoid having pictures taken of the patient in the hospital after an injury?
What are the advantages and disadvantages of the high tech approach in the courtroom?

Extracted from Stephen Appelbaum, CEP., EPIC, Patricia Iyer, RN., MSN, LNCC, John M. Parisi, Esq., Samuel L. Davis, Esq., Helen Griff Weisgal, Esq., and Wendy Neggers, Esq. ”Demonstrative Evidence”, Nursing Malpractice, Third Edition, Lawyers and Judges Publishing Company

Trial lawyers face the question of how to dramatize their cases and emphasize their positions in a manner that is both permissible under the rules of evidence and, at the same time, compelling. One of the best ways to accomplish this is through the use of demonstrative evidence. Demonstrative evidence is not limited as much by the rules of evidence or procedure as by the imagination and creativity of the lawyer handling the case. During long nursing malpractice cases, demonstrative evidence is used to simplify complex issues, remove boredom from the courtroom tedium and educate the jurors on both the liability and damages aspects of the case.

Presenting the case with pictures, computer animations, illustrations, storyboards, timelines, graphics, and videotape will help tie together key pieces of evidence and facts. Using the power of television and computers in the courtroom reinforces the way most jurors receive information-through the screen, and is a persuasive way to make points at trial. Planning the use of demonstrative effort takes a team approach. A behind-the-scenes legal nurse consultant (LNC) should be brought into the case as early as possible. The LNC’s role is to begin to sort through the accumulating mass of hospital records and nursing notes, as well as to begin to establish the basis for the presence or absence of negligence on the part of the potential defendants. The skills of the attorney and expert witness are needed to define the key issues to be illustrated. The LNC is a vital part of the team in helping to prepare witnesses and formulate the demonstrative evidence that will communicate the information as efficiently as possible.