Presenting a live 90-minute webinar with interactive Q&A Demonstrative Evidence in Personal Injury Litigation: Leveraging Technology During Jury Presentation Navigating Issues of Relevancy, Authentication and Substantial Similarity TUESDAY, JANUARY 17, 2017 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Justin Blitz, Partner, Schulman Blitz , New York Eugene K. Hollander, Principal, Law Offices of Eugene K. Hollander , Chicago The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .
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DEMONSTRATIVE EVIDENCE IN PERSONAL INJURY LITIGATION- POWERFUL AND PERSUASIVE TOOLS FOR JURIES Eugene K. Hollander The Law Offices of Eugene K. Hollander Chicago, Illinois ehollander@ekhlaw.com
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BACKGROUND • New York Attorney • Lots of time trying cases • From what I have learned- research, blogs etc.. • Not a tech expert- what is easiest, trial hard enough • Walk you through what I do and some helpful info 7
MORE BACKGROUND • Recently starting implementing technology • We are not paperless office • Small firm, 4 lawyers- staff- lots of trials • Developed a system of breaking down file for trial- implemented scanning for trial • Before IPad didn’t work effectively, now whole new ball game 8
Role of Demonstrative/Visual Evidence • No evidentiary value in and of itself • Most “Convincing and Satisfactory Type of Evidence” • Juries retention – 15% what they hear, 85% see and hear 9
Why the IPad? What happened to my fathers legal pad? 10
WHY THE IPAD • Asked by old guys • Besides for impressing judges • Started with SJT trials- in NY found it very effective due to time limitations • Use for all evidence, not just medical but great for medical when pressed for time 11
Types of Demonstrative Evidence • Video Depositions (substantive evidence) • Blow Ups • Organizational Charts • Timelines • Damages Summaries • Animations • Scale Models 12
Video Depositions as Substantive Evidence • Harasser • Supervisor 13
Video Deposition -Expert • Helpful for body language 14
Blow Ups “Last Supper” 15
Blow Up Collage of Abuse 16
Medical Illustration 17
Scale Model 18
Timeline 19
Animation 20
Impact of Technology on Demonstrative Evidence • Jurors expect more visuals • Made easier: • With bar code scanning • Alternative – overhead projection • Ipad – Trial Presenter • Easier to impeach with synched video depositions 21
HARDWARE • I use I-pad but others out there • I phone can also be used effectively • IPad strengths: • Simple to use interface • Instant power-on • Long battery life • Cheaper than most laptops • Apple now makes it easy for lawyers 22
Practical Challenges of Using Demonstrative Evidence • Cost • Medical Illustration • Animation • Scale Model • Best Choice – Model v. Animation? • Authentication • Medical Illustration – by physician 23
Needs at trial depend on type of case - Will your opening involve photos? - Will the evidence at end of case involve thousands of pages? - Goal is to present most effective evidence to jury in most efficient manner 24
USING THE CLOUD • Why I use dropbox • Easy to transfer and store • Compatible with most trial apps • Other web based storage servers • Transfer from my server to dropbox • From dropbox to my trial app 25
Effective Strategies of Using Demonstrative Evidence • Use throughout trial • Win case during opening • Use during opening, direct, closing • Low tech and high tech • Evidence depositions • Use exhibits during testimony • Physicians’ depositions • Use imaging studies • Use anatomical models • Stagger deps • Try to keep short 26
HOW THE JURY SEES IT ALL • PROJECTORS • Mine_ from brookstone • InFocus IN5122 – not cheap (4000 lumens) • Casio DLP Projector )3000 lumens)-can read PowerPoint memory stick- don’t need laptop • I use mini projector, and portable lightweight white screen and ipad • Might need a HDMI adaptor, so any projector that accepts hdmi cable • More sophisticated can use a mifi or tether your iphone • Or mifi and appletv connected to a projector (then transmit trial exhibits wirelessly from ipad or iphone/I touch 27
AT TRIAL-THE DIFFERENT APPS • trial pad • If for trial and novice – If more experiences for trials- __ • But at trial- more comfortable, esp. 2 you kid comes up on screen cant hurt • Exhibit view - good for trial exhibit software, not great if want to manipulate the exhibits, good for lots of photos, especially. with HD capability from new ipad’s • Good for text exhibits as well • Can highlight or circle in red or blow up text (jurors don’t see that, behind the scenes) • Good for cross of experts on record • Exhibit A 28
HOW I USE THE IPAD AT TRIAL A case of mine through trial pad • Uses for openings/ For summations • I use dropbox then file it to trialworks - then can see from jump or trialworks app • Then for trial move it to trial pad from dropbox folder previously created • Everything from file, in ipad, scanned in, labeled. • Subpoena records scanned to dropbox • Also in trialworks • From dropbox to trialpad 29
HOW I DO IT • Labeled appropriately • Ordered • Then highlighted, bubbled, etc.. • Rest of file, depositions etc.. 30
JURY SELECTION • If for picking jury- ijuror ( be careful of venue for voir dire and fancy ipad) • Better for breaks you organize thoughts etc..-(and can email encrypted to whomever) • Has presets to match juror questionnaires set up in advance, different colors • Or pages for organizing jury thoughts 31
OPENINGS • GE RECORDS AND PHOTOS INTO EVIDENCE PRIOR • HAVE DUPLICATES OF ITEMS ALREADY IN TRIAL PAD (Bates Stamping- good app for it) or already scanned subpoena records) • PERMISSION TO USE DUPLICATES AND IF NOT THEN GET EVIDENCE SCANNED IN • MORE LIKE BACKGROUND TO YOUR STORY • GET JURY USE TO IT • IF HORRIFIC INJURY OR DAMAGE PHOTOS I LIKE TO PUT IT ON SCREEN RIGHT AWAY 32
OPENINGS • Not for long, enough for them to get image in their mind • As I tell Story I put up photos from prior, family, kids if allowed – try to get all in prior • If accident I use the photos from scene. Google images have been allowed. • All in order in trial pad in my folder in key docs in the case titled Opening 33
Openings • If accident and bad damage photos I use them in opening, images are helping tell the story • Setting up for future arguments (minimal impact etc..) • I use property damage photo if extensive – scroll through list • Police accident report, ACR – careful of what you highlight prior to laying the foundatio n 34
THE IPAD FOR OPENINGS • Explain what your expert, surgeon, treater etc..wil say using the records as story is being told. • Apps for medicine if allowed are great tools to show jury medicine. If not in openings then summations for sure or during expert direct • Like to end flashing back the pre and post photos from before 35
MEDICINE • When get to injury portion of opening, good to highlight and blow up important portions of records. Hospital records indicating complaints of pain to body part • X ray records or MRI reports which show a fracture (ask to be shown for ID purposes if not in evidence) • If clear on film, great to blow up film, use laser and show injury fracture or tear etc… 36
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