An article by Denise Montiel, about how using a women’s “positive” gender bias can gain an advantage by using strategic visual communications methods when presenting data to judge or juror.
From Lawyers to Laymen: communication strategies for trial success
By Denise Montiel and Alexander Cianfrocco
Visual communication is more than graphics or data, it is how a unified collaboration using graphical and informational design combine to create a well presented and successful presentation.
Technology has become an integral part of the legal industry. A lot of advancements have been made in a short amount of time so law firms and legal businesses are having to adapt to the new technological world. For example, a law firm can improve it’s profitability and productivity if it starts having an online presence. Moving all their data to the cloud and having a website, however, can mean data breaches if they’re not careful and don’t get Legal IT Services to help protect them.
And, we all know that technology has become an integral part of successfully litigating a case. Whether before entering the courtroom learning the strengths and weakness of you case or presenting your case. The most effective legal arguments must convince not only the judge, but also the everyday men and women who make up the jury that your position is the correct one. Those individuals come into the case with their own perceptions and biases, which technology can help you identify and strategize accordingly. Technology advancement is very important as time goes by, lawyers need to keep up with this to help their firm thrive. If their law firm was based on helping businesses/people with bankruptcy, they will need to utilize bankruptcy lawyers marketing strategies to help them get their names out there and bring in clients.
Large and small law firms alike benefit from outside assistance in preparing for a jury trial, including in-depth analysis of which perceptions or characteristics of jurors would be more favorable for your positions. Whether through courtroom observations or monitoring jurors on social media consultants can identify the strengths of your case and/or juror misconduct. Technology consulting firms can help with the development of businesses like this looking to have technology work better for them by advancing their strategies, they can use developments such as intelligent automation, which can potentially increase production within their business. Companies such as SDLC Partners may be able to help with this transformation in their businesses and help with any problems that may come up.
Jury Consulting Technology
Lawyers want to know as much information as possible before starting a case. That information extends beyond researching all the evidence, potential witnesses, legislation and case law – it also means knowing how the people in the jury box might respond to potential arguments. While lawyers may want to believe jurors dutifully follow instructions and put their personal feelings aside, often certain gut instincts and opinions kick in when jurors analyze a case and scrutinize witnesses.
Providing this insight is at the core of the work of jury consultants. Such jury consultants remove much of the mystery from jurors’ thought processes, so they are no longer anonymous individuals who offer no clue as to how they might vote.
Online focus groups, as a jury research program, are a low-cost alternative to a traditional in-person focus group or mock trial that firms of all sizes can use to analyze the strength and weaknesses of their cases. Identifying key themes and storylines that resonate with jurors is key. Using custom software, online focus groups demonstrate how a jury views a case. The technology uses live attorney presentations and jury deliberations within a virtual environment, followed by detailed analysis and reporting.
Online focus groups are only one part of the puzzle. Once actual jurors are in place, attorneys want to know what they are thinking. Social media provides insight into how individual jurors see the world, including opinions and biases that may not have come to light during the jury selection process.
Modern technology allows for the monitoring of social media feeds to see if the jurors are discussing the case before, during or after trial. This measures juror compliance with the court’s instructions and also provides information about how they may be feeling about the issues at stake.
MagnaLS also offers an additional edge. With MagnaLS’s Jury Evaluator tool, attorneys can receive a scientifically based assessment of the valuation of a case at a particular time. JuryEvaluator uses algorithms based upon the panel, combined with a number of other value factors, to give lawyers an assessment of a range of damages for their case.
Benefits of Technology in the Courtroom
As legal cases become more complex and clients have more and more at stake, including their reputations, business interests and financial assets, lawyers on both sides are pulling out all the stops to provide the best possible representation. Jury consulting is increasingly part of the normal course of doing business for corporations and law firms; for many, it is no longer optional but required.
In the competitive legal landscape, technology offers a compelling edge for your client. Often, going to court is not the best option; putting the case into the hands of a jury – who will decide not only liability but quantify damages – can be riskier than settling before trial. Tools such as the Jury Evaluator can help you do a risk-benefit analysis and give the best advice to your client, whether making a deal outside of court or proceeding to the next stages of litigation.
In the legal industry, more and more firms are using advanced technology to win cases or effectuate a good settlement. The benefits of the technology are so vast that it is hard not to justify their use. Firms that do not rely on jury consulting services are, more often than not, falling behind legal counsel who use every possible tool to give their clients a competitive advantage.
Learn How Jury Consulting Technology Can Help
MagnaLS works collaboratively with lawyers to provide jury consulting, court reporting, discovery and other legal services. For the best results for your client, look to an end-to-end provider of litigation solutions with the best technology available, contact MagnaLS today!
Mark Calzaretta is interviewed on the topic of jury selection for the Michael Slager trial.
Court reporters offer an invaluable service for legal institutions and for attorneys who rely on accurate transcriptions of proceedings. It can be a challenging process to search for a court reporter, especially for legal professionals new to the process in a particular jurisdiction or who don’t know much about the venue. In the absence of a professional network you can rely on for a word-of-mouth referral, you have to use objective criteria to find the right person. Going to court can be a confusing time, there is a load of things that need to be sorted alongside getting a court reporter. For example you might need to use a process service (such as one provided by someone like the Colorado Springs Process Server).
Lawyers assess several key factors when deciding on a court reporter. This kind of analysis is essential, as the role of a court reporter is complex and attorneys need to rely on those services in order to safeguard the welfare of their clients. The welfare of clients is of the highest importance to attorneys like Bley & Evans, they need to make sure that everything going on, is happening in a fair and impartial environment to get the best result they can from the proceedings. Consider these criteria when searching for a new court reporter for your next deposition or trial.
Certifications and Training Matter
Court reporters provide the only record of depositions and trial proceedings. They document the gestures and actions of speakers using stenography equipment. At the conclusion of events, they edit for typographical errors, ensuring the record is accurate and reliable. However, a full-service legal service can provide more sophisticated services, like video depositions.
Because court reporters must have a general understanding of the legal environment, they are trained in legal terminology and procedures. Many states require court reporters to have a license. Additionally, most court reporters are members of the National Court Reporters Association, adhering to a code of ethics and committing to provide unbiased and accurate reporting. Magna court reporters are also experts in particular subject matter, meaning they’ll be up-to-date on all of the latest terminologies and issues regarding your particular field of law.
Hiring a trained and certified court reporter gives attorneys peace of mind that an important word won’t be missed or incorrectly transcribed. When a deposition is used in court or transcript used for an appeal, there will be no debate as to whether the court reporter made a mistake.
When searching for court reporters, ask about their training and confirm that they are NCRA certified. Certifications through the NCRA are verified independently and continuously updated. The organization provides continuing education programs and services to ensure its members are able to meet the high standards required of attorneys and courts across the country.
How Will Depositions Be Recorded?
Attorneys refer to legal records for varied kinds of information. Often, a written transcript can only reveal part of what’s important in a piece of testimony. Gestures, hesitations, body language and other visual cues are mostly missing from text-based transcription. Legal experts and layman observers agree that visual information is often crucial to gain a greater understanding of what was said and thereby the legal argument.
Video records offer additional insight and create another record of what transpired, particularly if cameras are placed at a variety of angles to get a full perspective. Advanced technology allows for real-time transcription of testimony that supplements the video recording, so attorneys can refer back to important places in the proceedings almost immediately.
Since securing a deposition and exhibits is a crucial part of court reporting, confirm the person you hire will get the records you need. MagnaLS, for example, provides both written and video depositions and offers camera shots from many angles so no important detail is missed. When depositions are presented to a jury or judge, those subtle cues can make the difference between winning or losing a case.
What Technology Solutions Do They Offer?
Court reporting has evolved significantly over the past several decades. The days of court reporters using shorthand to take down dialogue are over, although experienced court reporters may use an impressive range of skills in order to document all aspects of a proceeding.
As legal cases have become more complex, reporters have introduced advanced technology to ensure every detail is recorded for the benefit of the courts, attorneys and juries. This is essential in cases where there is a great deal of scientific evidence to analyze, if attorneys have to impeach witnesses or challenge amateur evidence like cell phone video.
Ask your prospective court reporters about the technology they are trained to use and have access to. Sophisticated technology offers a 360-degree perspective of a proceeding, including comprehensive video, audio recordings and written records. MagnaLS, for example, offers digital videography and a multi-camera perspective. Real-time exhibit and video deposition integration, as well as courtroom video playback, give attorneys essential tools to examine witnesses. For lawyers, it usually means having the competitive edge that can get the best results for clients.
After the session is complete, MagnaLS handles video digitization and transcript synchronization so you receive the optimal record of proceedings for use in later stages of the case.
Contact MagnaLS to Learn More
MagnaLS is committed to meeting high standards in legal services. Attorneys place a great deal of trust in our technology and personnel, a trust we do not take for granted. With a nationwide reach, we can find the right people to work your case in any part of the country as well as internationally.
We always welcome inquiries from prospective new clients interested in our work. For high-quality court reporting services, contact MagnaLS today!