TECHNOLAWYER.COM: BETTER VISUALS VIA BRAINSTORMING

By Greg Krehel

INTRODUCTION
We all recognize two things about demonstrative evidence: it's potent and it's expensive. To maximize the bang and minimize the bucks associated with courtroom graphics, kick off the visual development process with a brainstorming session.

Brainstorming helps you develop effective visuals -- you identify the most important ideas with which to use visuals, and ensure that you have the graphics that address all critical case issues. The results of a brainstorming session make it easy to communicate with artists about the purpose of each visual, and to test the effectiveness of the designs they develop.

Brainstorming also helps you control the ultimate cost of courtroom graphics. During the brainstorming session, you estimate the costs associated with your ideas and make informed trade-offs to keep demonstrative evidence expenses under control. The brainstorming process also reduces costs by minimizing the number of visuals that you won't end up using in court.

You can employ brainstorming techniques regardless of the size of your team, and brainstorming doesn't require any artistic skill. On the contrary, brainstorming helps you do what you do best -- digest the evidence to create the most forceful case possible, and translate that knowledge into a powerful set of visuals.

PLAN AHEAD
Schedule your brainstorming session at least three months before trial. Plan to focus exclusively on demonstrative evidence rather than diluting your discussion with other topics. Depending on the complexity of your case, set aside anywhere from three hours to a full day.

Make sure senior members of the trial team are available to attend, and also understand that they are primary contributors. If you've hired outside graphic consultants to assist in the design and production process, also invite them to attend.

Let all attendees (especially any artists and artist wannabes) know that they must check their paintbrushes at the door. The goal of this skull session is to develop a detailed list of the most important demonstrative evidence ideas, not to design the visuals that will communicate these ideas. Keeping idea definition separate from design development yields better ideas, better designs, and reduced costs.

Assign one attendee to the role of scribe. Using a computer with an LCD projector attached, that person will capture the results of the proceedings. This set-up makes it easy for participants to view the list of ideas being discussed, and easy for the scribe to make revisions as the session proceeds.

Set up a "demonstrative evidence worksheet" to organize everybody's thoughts. Such a worksheet might consist of a table composed of rows and columns that you create using word-processing or database software. Each row represents a single demonstrative evidence idea, and the corresponding columns will capture critical information about each idea. You'll want columns for: Title, Type, Issue(s), Mission Statement, For Use By, Data Source, Estimated Cost, Key, and Production Status.

Develop an outline of the issues in your case. As you brainstorm, you'll use this outline to ensure you're developing ideas for all case issues. By having this outline completed before your session, you'll minimize the risk of turning your demonstrative evidence brainstorming session turns into an issue outlining one.

Finally, circulate a memo laying out the objectives, agenda, and ground rules for the brainstorming session. Include your issue outline as an attachment.

THE BRAINSTORMING PROCESS
Begin your session by reviewing the agenda, and making sure all attendees understand the ground rules. Then plunge right in! There are three phases in the meeting: (1) developing ideas, (2) fleshing out the details behind each, and (3) evaluating your ideas to determine which make the cut.

1. Step One: Define Ideas
Create an exhaustive list of demonstrative evidence ideas. At this stage, all ideas are great ideas. Avoid debating the merits of any idea; simply build your list. Don't worry -- your chance to eliminate lame ideas will come soon enough.

a. Capture Favorites
Over the months or years of working up a case, trial team members have no doubt built up a mental list of favorite demonstrative evidence ideas. Offer each attendee a chance to contribute.

Give each idea a working title and have the scribe enter it in the worksheet. In the worksheet's Type column, list your expectation regarding the medium that will be used for each visual: blow-up, chart, model, animation, video, and so forth.

b. Work Issue By Issue
Once everyone has had a chance to list pent-up ideas, break out the issue outline you prepared in advance of the meeting. Work through it issue by issue, and develop additional ideas that will help communicate your position on each issue. For each idea, capture a working title and indicate the type of visual you expect to produce.

2. Step Two: Flesh Out Ideas
After you've generated your list of graphic ideas, it's time to work back through them one by one and add critical details about each.

a. Capture Issue Relationships
Use the Issue(s) column in your worksheet to capture the name of the issue or issues on which each visual will help you prevail. Once you're done, tally the number of visuals you have planned for each case issue. You may discover that some issues have a multitude of graphics and others have too few. If this is the case, take corrective action.

b. Define Mission Statements
In the Mission Statement column, capture a description of the intended impact of each visual, i.e., what the trier of fact should think after seeing it. Make explicit the inference you want jurors to draw. If you find yourself struggling to define the mission of the visual, kill the idea.

Mission Statements play an important role in the process of designing the actual visuals. They keep artists focused on the communication goal of each visual. And they provide a benchmark by which to judge the success of your artists' design efforts.

One caveat: your Mission Statement should define what you want to communicate, not how it should be done.

c. List Who Will Use The Visual
In the For Use By column of your worksheet, identify the witness or other trial segment (e.g., opening or closing) with which each visual is to be used. If you're unsure, enter a question mark. If you're trying to decide between a number of candidates, list their names followed by question marks.

d. Capture The Data Source
In the Data Source column, name the piece(s) of evidence on which each visual will be based.

Sometimes the source is obvious. However, many times it is unclear and needs to be defined for the artist. For example, suppose you're working up an antitrust case and want a visual showing the defendant's market share over time. Where is this data coming from?

Don't let your artists start designing a visual before you have the data that underpins it. Frequently, the actual data doesn't have the oomph that was anticipated and the idea must be abandoned. The result: time and money down the drain.

3. Step Three: Evaluate
Once you've fleshed out your list of demonstrative evidence ideas, step back and assess its merits. Evaluate the absolute value of each idea, as well as its value relative to its likely costs and relative to the potential impact of other competing ideas.

a. Estimate Cost
Based on input from your graphics consultants or your prior experience developing courtroom graphics, estimate the cost of each visual and mark this appraisal on your worksheet.

b. Evaluate Criticality
Discuss the relative merits of each visual, taking your cost estimate into consideration. Use the Key column in your worksheet to flag the most important ideas. If you later find the cost of your visuals is exceeding your budget, refer to this assessment to determine which ideas to push overboard.

c. Give the Green Light
Finally, identify the ideas that your artists can start to design. Also be sure assign members of the trial team to fill in whatever missing data remains.

d. Update the Production Status column of your worksheet based on these determinations. As your visuals proceed through the production process, you'll track progress by moving each idea along this continuum of possible values: Unapproved Idea, Approved Ideas -- Awaiting Data, Being Designed, Design Approved, In Production, and Produced.

e. Follow-Up
After your brainstorming session, ask the individual who acted as scribe to distribute copies of the Demonstrative Evidence worksheet you've created. When artists submit mock-ups of your visuals, use the information contained in your worksheet to critique their designs.

CONCLUSION
Soon enough, by following the steps outlined above, you'll be the proud owner of a winning set of courtroom graphics. Investing a few hours in a demonstrative evidence brainstorming session will have paid handsome returns.

Copyright 2001 Greg Krehel. All rights reserved.