Trial Magazine

As technology has evolved, so have juror expectations about how evidence and testimony will be shared. One way to help meet those expectations is by using iPads or tablets to capture jurors’ attention and present evidence in a succinct and persuasive fashion. Mastering these tools—which takes time and practice—promotes a faster, cleaner, and smoother trial presentation.

That polished trial presentation starts with your organized appearance at the counsel table. Many iPad and tablet file manager apps allow you to easily access and navigate the entire case file, and some offer search functions and cloud storage syncing. Additionally, when used with a stylus, iPads and tablets act like a legal pad and pen with benefits.

Most note apps continuously back up, so content is not lost or destroyed. You can easily create and move folders for better organization and access, whether you keep a page of notes on each prospective juror or write down points throughout trial to cover in summation. Microsoft OneNote is one of my favorite notetaking apps.

iPads and tablets also can support your trial presentation in other important ways, from opening to closing and from direct to cross-examination. The options for using them to aid your storytelling and to introduce or recount evidence and testimony essentially go as far as the rules of evidence permit.

Exhibits

When used effectively, iPads and tablets can help lawyers appear in command of the evidence. All exhibit documents are literally in the palm of your hand, and any exhibit can be called up with the quick swipe of a finger. A counsel table free of file folders and banker’s boxes can send a beneficial nonverbal message to the jury, particularly if the other side of the courtroom is full of lawyers or paralegals to manage and access paper files.

Apps such as TrialPad, TrialDirector, or even Adobe let you organize exhibits in folders by subject matter, witness, opening, closing, or other category. You can bookmark larger documents for easy access to specific pages, and highlight, mark up, and otherwise annotate exhibits. Users also can load video deposition clips in folders for playback on demand.

One popular trial presentation app, TrialPad, lets you add electronic exhibit stickers and track which exhibits have been admitted into evidence. Other features include a function to create evidence reports and a laser pointer function within the app that can be used when displaying exhibits. Documents can be displayed side-by-side, and markups can be captured with the snapshot tool.

Opening and Closing

The iPad and tablet versions of Microsoft’s PowerPoint and Apple’s Keynote—already mainstays of openings and closings—are full-featured with almost the same functions as desktop versions. Many iPads and tablets are compatible with certain Bluetooth-enabled, handheld remote controls for advancing through the slides. But using an iPad or tablet with apps such as TrialPad gives users even more freedom to respond to the fluidity of trial and evidentiary rulings. Opening and closing presentations are no longer relegated to preset slides.

For opening and closing arguments, create folders and subfolders in a file manager app for visuals organized by topic, witness, or even the sections of your argument. These folders, subfolders, and the exhibits within can be organized chronologically or by theme as part of your typical opening and closing preparation. Once armed with visuals you can display to the jury at the stroke of a finger, overlay your note app with your outline or argument. On an iPad, the note app will not display to the jury. A blank screen will appear in TrialPad and, when selected, the exhibits will be presented. Now you can move about the courtroom, present your evidence or demonstratives, and simultaneously reference your notes with nothing more in your hands than an iPad or tablet.

Fluidity is by far one of the biggest advantages of using this technology. If, for example, jurors start to shrug their shoulders in disbelief, raise eyebrows, or provide similar nonverbal cues as you describe a truck driver’s horrific record, you can start displaying the driver’s history reports on the spot. Or, if jurors are nodding their heads at crash scene photos, you can pull up a few more to emphasize your point. And if there is an objection or negative reaction to an exhibit, you can swipe it away and move on to something that helps your case. These tools give you the flexibility to shift course at the slightest reaction from jurors, and the same advantages can be garnered during both direct and cross.

Direct Examination

To prepare for direct examination, collate exhibits into folders and subfolders by witness, subject matter, or issue within your preferred trial presentation app. Overlay your notes with outlines or questions. Then, you can move through the direct examination with corresponding notes and folders knowing that you can swiftly jump to any issue, all while being prepared to call up the desired exhibit. Once exhibits are entered into evidence, they can be displayed without delay, and you can easily highlight, circle, zoom in, or direct the witness’s attention. Changing exhibits is as simple as clicking from one to the other.

With this technology you truly can direct your witnesses by zooming in, calling out, or highlighting the specific portion of the exhibit the witnesses should be testifying about. Walk witnesses (and the jury) through each section of the exhibit, point by point, in the order that best reinforces your case. When you need the focus back on the witness’s testimony only, just display a blank screen and watch the jurors direct their attention to the witness stand.

Cross-Examination

For cross-examination, assemble the exhibits, literature, prior testimony (whether written transcripts or video clips), and all other impeachment material. Again, organize materials by issue, overlay your notes, and dig in.

Having all the exhibits prepared, combined with the ability to call them up in a split second, has significant advantages. Once the witnesses realize you can rapidly confront them with any document or exhibit, they are strongly deterred from mischaracterizing their testimony. The rapid-fire reference to exhibits and impeachment material also cuts out delays and pauses, curtailing the witnesses’ time to contemplate your next question and their next answer, as well as opposing counsels’ time to formulate objections and run interference. As a result, you have greater control over witnesses.

Sidebar

An iPad or tablet can help you prepare for sidebar too. Assemble relevant case law, rules of evidence, and exhibits in folders by topic or evidentiary issue. Also have all prior hearing, deposition, and trial transcripts accessible in an app such as TranscriptPad, which has word search features. If necessary, you can do an on-the-spot search of selected or all transcripts.

Reciting the specific page and line of transcripts or quoting directly from key case law is persuasive. The judge will know you are accurate, on point, and prepared. Better yet, opposing counsel will be deterred from misquoting case law or inaccurately recounting prior testimony or rulings. Fast access to the references needed to prevail at sidebar is, simply put, a big advantage. Make your core argument first, and then look to your iPad or tablet for supplemental information as you approach the bench for a sidebar, as the court reporter sets up, or while the judge is addressing the jurors or giving them a break.

Practice Makes Perfect

Becoming comfortable with this technology takes time—and it is certainly important to do so before using it in front of a jury. To hone your skills, make iPads or tablets part of your everyday practice. Assemble discovery documents or prepare deposition outlines in your preferred apps. Before oral arguments, set up folders and subfolders in your iPad or tablet with the motions, responses, and briefs, along with key case law and other pertinent materials. And during any hearing, practice taking digital notes in an app; have one page open with your outline or arguments and another open for new notes.

Not only will you become more proficient with these tools, but these folders and notes will be easily accessible later on your iPad or tablet should an issue resurface at trial. Once you master this technology, it can help you command the courtroom and deliver information in ways that connect with jurors.

Jeffrey B. Killino is managing partner at The Killino Firm and can be reached at jkillino@killinofirm.com. The views expressed in this article are the author’s and do not constitute an endorsement of any product or service by the author, Trial, or AAJ.