I’m Dean Athanasopoulos and I’ve been a Litigation Support Specialist for 19 years with the DOJ’s USAO. Over this three-part series, I am discussing trial presentation tips that I’ve learned about presenting evidence at trial and other tips for success. Part one was published Monday, here is part two.

Technology in the courtroom 

Regarding courtrooms, you have two types: wired and not wired. Wired courtrooms are less stressful because you don’t have to set up equipment. However, you have less control and must rely on the courtroom clerk and court IT staff. Meet with the courtroom clerk and court IT staff a week before the trial to get a feel for their court tech. You will want to test your trial laptop to see what kind of video and audio cables they use, see how your exhibits look on their screens, and sound test the volume around the courtroom. I once had a situation where the judge’s speaker was set way higher than the ones near the jury box. The judge kept telling me to turn it down, and the jury wanted me to crank it up. So, ensure everything in the courtroom is in working order before and not during the trial.

Even if the courtroom has wired monitors, it may need an ELMO or a better sound system. Check it out early to add any extra equipment that’s needed. Of course, clear it with the Judge first.

Touchscreen monitors are sometimes included in a wired courtroom. They are great because they let the witness annotate on the screen. You should check with the courtroom clerk if the feature is on by default or if you have to request it per witness. One thing to look out for is that the witness may touch the screen by accident, for example, by tapping it with a paper exhibit. That can lead to random lines or dots on the screen. You must pay attention to this because an arbitrary line on the screen can distract or vex the jury. Also, check beforehand who can clear the touchscreen. Most of the time it is the courtroom clerk, but I’ve seen courtrooms where you have that option at the podium. Also, one last important thing to do is to practice with the touchscreen. Some of them have different levels of sensitivity. Some witnesses will have some difficulty using it due to their skin texture or lack of tech-savvy.

For trial presentations, you can use many tools to publish evidence. You can try presentation software such as Sanction, OnCue, or Trial Director. These software products primarily work the same, have similar features, and are the most versatile. Also, each software product offers annotation and syncing tools. They are all a “one-stop shop” for trial presentation. The best use of such software is something I like to call the “rapid-fire method.”

The “rapid-fire method” is when you show adverse witnesses exhibits that contradict them. You do this by quickly showing multiple exhibits on the screen and having them explain them. You can tell when someone is lying when you instantly show an exhibit that they can’t explain. You can show them in rapid succession if you have multiple exhibits that disprove a witness. Perjurers usually need time to craft a believable fabrication.

ELMO

A small document camera (known as an “ELMO”) is good to have in your tool chest. Even though the goal is to digitalize all exhibits, we sometimes miss documents or have new ones at the last minute. The ELMO is also handy when your trial laptop is not working. Instead of breaking the flow, you can switch to the ELMO to present printed exhibits. It’s also suitable for physical evidence, such as a gun.

Hot seating

“Hot seating” refers to the person running the trial laptop. You become the extension of the attorney’s examination by publishing and annotating exhibits. You should know the crucial parts of an exhibit that need to be highlighted or zoomed. When you pull up a document for the first time, zoom in on the top half by default so it’s easier to identify.

Even though you are sitting down, hot seating can be extremely taxing on your mind and body. Your mind is on full alert because you always need to pay attention. Make sure you are well rested and hydrated and have some breakfast. Sometimes, you don’t know when the break will be or if you must work through lunch. You don’t want to have low energy during a trial which may cause you to delay publishing exhibits and make you look unprofessional to a jury.

Dress in a way that is not flashy, simple blue or grey suit, no colorful pocket squares, or fancy watches. You don’t know what will turn off a juror, so It’s best to have a neutral appearance. 

Keeping a poker face is the most important thing to do while “hot seating”. If your technology is not working correctly, never let them see you sweat. Never let the jury or opposing counsel know something is wrong. Stay calm, fix the problem, and move on. I once had a situation where the case agent accidentally hit the off button on my power strip, and my laptop turned off during the trial. I signaled to the attorney that I had an issue, and he knew how to stall for time (by asking the witness questions that didn’t need technology) until I quietly fixed the issue.

This is part 2 of a three-part series. Look for part 3 on Friday!

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.