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Legal Strategy: Tips in Producing Courtroom Videos

Simple tips on how you can produce effective courtroom videos that will be beneficial to your cases.

In today’s media-savvy world, it is important for lawyers to update their strategy in the courtroom. Videos,animations, infographics, and other visual aids have now become indispensable an indispensable part of legal strategy, with the qualitative changes in the way humanity responds to images.

But there is an art and science to producing these materials, too, if the goal is to persuade. Here, we will discuss some tips when creating videos for a trial.

Do proper research.A good courtroom video is backed by solid research. All content should be based on facts, and should cite studies or the opinion of experts on the specific subject matter.A thorough understanding of the science behind the incident will definitely bolster a lawyer’s argument.

Maintain a semblance of neutrality.The video should not seem prejudicial or overly biased, which would make it the subject of objections from the other party. A more neutral presentation will ensure that the opposing counsel and the judge will allow its use in the court.

Check the rules of evidence. At the same time, one cannot simply depend on the preferences of the opposing counsel. It is good to seek their approval, but it also pays to know what is allowed as stipulated in the federal and local rules of evidence, to be able to fight for the use of one’s material, if need be. That said, a lawyer should apply for a security clearance or a court order early on, if the list of requirements say so.

Ensure the best viewing experience.A lawyer must not let the material go to waste with a setup that does not offer the optimum viewing experience. A dry-run must be conducted, replicating the lighting and acoustic setup of the actual courtroom. From where the members of the jury and the judge are seated, can they view and hear everything clearly? Is the text readable? Would there be no glare or any form of distraction from any angle?

Prepare for the worst-case scenario. Not all of the equipment might work on the day of the trial, so do bring another of everything – an extra laptop, an extra projector, an extra copy of the files to be shown. Be prepared and minimize the waiting time for everyone: The file should already be open and simply up for projection.

Integrate it with the legal strategy. A courtroom video should not appear as if it is an afterthought or a standalone material for convincing the jury. Instead it should be woven neatly into the narrative being proposed, based on the overall legal strategy. In its script, there should be clear and memorable mention of the same key phrases that will be used in the opening and closing statements. It should also highlight the testimony of the witnesses, and the credentials of the expert witness.

By Dubin Research Consulting
Litigation Strategy Consultants
AUTHOR: Leo Aranas

Copyright Dubin Research Consulting

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.For specific technical or legal advice on the information provided and related topics, please contact the author.

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