Last week of 2011

Things tend to be slow the final 2 weeks of the year, so I will return to blogging after the new year. Be safe everyone and have a great New Year's Eve! May next year be better than the last for you all.

First Snow

Here in the Arizona desert, we tend to get excited over large amounts of rain during the colder months. Why? Because it means snow in the high-country. Yes, we get very excited about snow.  I know many people locally that have never seen snow in person, and therefore have never known the “joy” of shoveling it. In many parts of the country people live with the snow, ice, and cold, and they probably think desert dwellers are crazy.

This week we had a great amount of precipitation statewide so my Wife and I decided to take our kids up north to experience the white stuff. On our way, it occurred to me that this actually mirrors the courtroom experience in some ways.

Think of it like this:

The attorneys and court staff are like the folks that live with, and have extensive experience with snow, and the clients and jurors are the ones that have little or no experience.

When the inexperienced people enter the courtroom, everything is new. Sure, they have seen courtrooms on T.V. but things are ultimately not always what they expect. In my personal experience I have only been in one courtroom with a uniformed officer, and I the closest I have come to seeing a gavel is a painting of one on the desk behind the judge. Also, many people don’t realize that when an objection is made, a reason must be given.

Once things get rolling, reality hits and the excitement wears off. Much like the first snow of the year is exciting, until you realize that you need to shovel it, and your driveway is one hundred feet long. How does one keep the excitement? In the snow it might be to use a snow blower, in court it could be to use rich media presentations.    

Virtual Persuasion can create very compelling graphics and 3D animations to help keep the snow shoveling aspect of trial to a minimum and maintain the “first snow” feeling.

Animation Variables

 

So you are thinking of using an animation in your case. You hear they are very expensive and take a large amount of time and oversight. While this is certainly a possibility, it need not be. There are a few things to be aware of before you begin shopping around for a graphic consultant.

First – Not all animation is created equal.

On the simpler end, animations can be created in Microsoft PowerPoint in a matter of minutes that contain simple zooms and repositioning of 2D elements on a page. On the other end of the spectrum you will find photo-realistic, 3d environments with physics calculations and dynamic lighting systems. The high end will generally be done in a program like Autodesk’s 3DS Max or Maya.

Second- Not all animators are created the same.

The video game industry is overflowing with animators today. Many schools now have a degree program designed to get students into games. These students’ only knowledge of the legal system is generally what they see on television these days. Contrast this with the handful of graphics consultants nationwide that have actually been in the courtroom on numerous occasions. These few will be able to create something that works for your case without trying to push for using the latest in “normal mapping” or studio lighting if your case does not warrant it.

Third- Completion time is quite often difficult to accurately predict.

This is a fact of life in the industry unfortunately. There are so many factors affecting a project that most clients are not even aware of. Things like the availability of pre-existing models to purchase versus building from scratch, setting up advanced lighting systems, changing render engines,  re-animating any part of a composition, and render times.

The modeling phase can take quite a bit of time if a premade model can not be purchased. A particular vehicle may take a few days to build, and this will raise the labor cost significantly, whereas a purchased model may only require a few hours of changes. Re-animating mechanical, hard-surface items is easier than organic items, but both may be time consuming tasks since one item may affect another and the changes could begin to snowball. Rendering means to export each frame of the animation in order to ultimately create a video file. Most video files play at 30 frames per second and a single frame can take anywhere from a few seconds to several hours. If a rendered file needs changes and requires re-rendering, it might only take the consultant a few minutes or hours to make the change, but the render might take many hours, or even a few days depending on the complexity.

In order to keep the cost down ask yourself a few questions:

Do I need it to be photo-realistic? If not, simplify the scene. Instead of using fully animated 3D characters to populate your crowd scene, can you use a flat plane with video of a crowd instead?

Will there be physics calculations? The systems that would need to be created are extremely complex and often take a lot of time to dial in.

Do I need the exact model? Is it necessary to use, for example, a model of a 1996 Ford Bronco with custom paint, a 3 inch lift kit, and numerous aftermarket parts; or can I just as easily tell my story with a 1998 Chevy Tahoe with no aftermarket parts because it just sits in the background?

Will the lights or shadows in the scene be moving? I know, it may seem like a strange question, but it is one with huge ramifications. For instance, if you are showing a building exterior and moving a camera around it to show defects, you may want to “bake” the lighting. This will allow your consultant to calculate the lighting once, and overlay that result onto the model so that it never needs to be calculated again. This will save hours and hours of rendering. This is particularly good if your trial is already moving along and changes need to be made overnight.

How much of the scene do I really need to show? If there are things in your scene that will distract from your key concepts, leave them out. Do you really need to show all the fire hydrants along a street, or put in every rivet on an aircraft? If not, don’t pay for it!

In short, unless money is no object, ask your graphics consultant where they advise cutting detail. It could save your client tens of thousands of dollars in the end. Also, if a graphics consultant asks a few questions that seem odd, feel free to ask why they are inquiring, but realize that they are likely just attempting to nail down some of the variables. Don’t pay for something you don’t need, the same animation that costs $3,000-$5,000 could end up at $50,000-$60,000 if too much detail is put in or asked for.

Real World Example:

I once created an outdoor scene of a pool after dark to show a person dive into shallow water. The original model had too complex of a lighting system and physically accurate water, as well as patio furniture and other people. While it all looked great, it did not allow the jury to see what happened under the water, due to refraction and reflection. The final animation ended up being just the subject without others around him, a standard lighting rig that did not cast shadows, and a flat, semi-transparent plane for the water. This allowed render times of approximately 5 minutes per view and the diver could be seen at all times both above and below the waterline. By changing the lighting, I was also able to brighten things up for better viewing since it was happening in the middle of the night.

Why Use Graphics?

Why should attorneys use graphics and animations in their cases? There are a number of reasons, some minor, some major. Today, I will discuss three major reasons for the use of graphics and animations in cases.

Reason #1

The average attorney in large trials tends to be older than the jury they speak to. This can create a sort of generation gap.

The generation gap between an older experienced trial attorney and the average jury can create barriers to retention of key facts. It has been my experience that the bigger, more expensive cases are too important to entrust to younger, greener attorneys. This leaves more “seasoned” attorneys to do the heavy lifting. Many of them grew up in a home that perhaps only had a radio or black and white TV…the phone was attached to the wall with a cord and you had to turn the dial to input the numbers. The jury they speak to today grew up with not only color TV, but cable channels and a remote control to change them during commercials. They are accustomed to seeing brightly colored, energetic advertisements and being entertained much more than their parents.

Reason #2

Differing attention spans make it difficult for some jurors to retain information.

The attention span of the Gen X (1965-1976), and more so the Gen Y crowd (1977-1998), is much shorter than that of the Baby Boomers and their parents. The older generations have a span that is normally 15-25% greater than the younger ones. Gen X is the first to grow up with video games and portable music. Gen Y is the first to have computers in the classroom and home. It is just now getting to the point where you may get jurors that have never known a time without the internet, cell phones, and on-demand entertainment. This only makes incorporating graphics that much more important.

Reason #3

Different people learn in different ways.  Graphics can assist in overcoming these issues.

There are three recognized types of learning today; audile, visual, and kinesthetic. The latter is very difficult to address since most jurors are not typically allowed to touch the evidence and manipulate it themselves during the proceedings. This leaves the attorney mainly sound and sight. Many studies have been done to quantify the retention rates of people, and most agree that simply listening to someone speak will result in a retention rate of only about 10%. If a presentation is only visual the rate jumps up to 20%. It is not until sight and sound are combined that we see a real difference, with the result being 65%. Therefore, the idea of “keeping it simple” will end up costing up to half of all information.  Attorneys tend to learn on their own, reading a ton of documents, but the jury tends to learn better with visuals.

 

We know there are many things to consider in planning a trial strategy, the use of graphics should be a given, in order to reach the widest range of jurors and to keep them engaged.  Be aware that even with a predominantly older or younger jury, not everyone will fall into the same category. This is one of the biggest reasons to vary the content and style of the presentation. Don’t think that just because you learn a certain way, does not mean everyone else does. Don’t think that your life experiences are even close to those of your jurors. Don’t think that your audience will be able to follow everything you want to tell them without having their minds wander. Remember that a trial strategy that includes high quality graphics and visuals will be far more compelling and the jury will retain far more information. After all, if time is limited and your case could go either way, you need any advantage you can get.

Getting Started

This blog is intended to assist attorneys and others involved in litigation. Our company owner has been involved in over 80 cases over the past 8 years and has a positive net win/loss record of nearly a half- billion dollars in Plaintiff awards and Defendant savings.
We believe that "simplifying the complex" is essential to educate your jury on the finer points of your case. After all, in today's courtroom your jury is likely to lose interest easily. We strive to create compelling visuals that keep the viewer engaged.
For more information, please visit our main site at http://www.virtualpersuasion.com