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.