The 13th juror

The witness is a doctor who had surgery duties today and he or she is exhausted. Opposing counsel prepped them while you waited in the lobby with the court reporter for what seemed like an eternity. Finally, the videographer walks out to the lobby to verify the equipment is setup and the prep session is over. You sit patiently and wonder if the sound of your stomach rumbling with hunger pains will be captured by the microphone. What else could go wrong? Unfortunately, in a video deposition much more. My big break in the litigation support industry was about 15 years ago. I took what I thought was a summer job as a legal videographer. Little did I know what was about to happen in terms of my career path. I only lay that foundation because even now so many years later little has changed with video depositions. OK, sure now we have better technology but the basic underlying mistakes made are the same. So I just thought I would share a few tips and observations here on my blog. There a...

It has been some time since I have blogged and with good reason.  I have been very busy the past few months working in back to back trials. All the cases were very interesting to say the least and they all had one common link, a plethora of photos. It has occurred to me over the years that there is tremendous value in studying photographic evidence with “fresh eyes”. All of my recent cases had a similar theme of the case team unearthing facts just with the photos. Facts that were either previously over-looked or perhaps just missed by prior counsel. One particular case team I work with has made a habit of creating a “crime scene” review on the wall with photos. This allows for a chronology effect for ease of review and is very helpful. I have been able to recreate this effect with Cooliris and some careful numbering of photos in the digital environment. Reviewing photographic evidence with a logical progression is like telling a story and you would be amazed at what you may find...

Last year I blogged on professional etiquette in the courtroom. I wanted to follow-up on that post and talk some about appearance in the courtroom. The old adage goes on to say that you never have a second chance to make a first impression. I would like to modify that by saying you never get a second chance to undo a continuing bad impression. Unfortunately, I have seen over the years some very questionable attire during a trial. I would like to preface this posting by saying I do not hold my self-out to be an image consultant. Rather just a silent observer who has been left scratching his head on occasion. First, I would like to touch specifically on our most important visual aid, our witnesses. Their clothing not need be expensive, but it should not appear worn, stained, or the wrong size. Instead it should fit well and not have the appearance that it was slept in, e.g. wrinkled tremendously. Often the appearance of a witness can completely sabotage their credibility on the stand. It...

I felt compelled to blog on some potential strategies for the afternoon session. For the past fifteen years, I have watched the jury panel fight their carbohydrates after lunch. We all know how wonderful the food selections are in and around most courthouses. Repeatedly counsel elicits testimony or presents evidence, which lulls the jury to sleep. In some instances, trial teams have no choice because there is a long witnesses or perhaps scheduling issues. I do believe however that many times the sleepy jury problem can be avoided. Seasoned trial teams are so accustomed to the courtroom that they are often immune to the problem. Many do not eat lunch and have borderline embalmed themselves with caffeine. The jury on the other hand is in no way accustomed to a trial setting. Even though many jurors may have sedentary jobs that do little to prepare them. A trial day can be likened to an eight-hour long movie you may not necessarily be very interested in subjecting yourself too. So what ca...

I have never been a fan of the whole New Year’s resolution idea. Recent research shows that while 52% of participants in a resolution study were confident of success with their goals, only 12% actually achieved their goals. Multiple times in the past, I have tried to latch onto the idea and failed miserably. Not from lack of conviction or willpower but perhaps just from poor choices for my resolution. Therefore, this year I was trying to think of something I could make a real effort to fulfill. Something litigation support related which would enrich my career. Then it dawned on me an area that often is over-looked in our industry. The use of applications and maintaining our proficiency with them. Everyone who uses a computer to conduct work knows how fast a skill set can vanish when not used on a regular basis. Sure, it can be likened to the bicycle adage but often that is just wishful thinking. In just a few updates or patches, you can be staring at an application, which looks very di...

'Twas the night before trial, when all through the war-room, The team reviewed a document, more high light and zoom; The exhibits were marked and prepared with care, In hopes they would be admitted; and the judge would be fair. The jury was nestled all snug in their beds, While visions of a settlement filled their heads; And the client pacing nervously, notebook in my lap, While I wished for a strong, intravenous frappe. When out on the corridor there was such a clatter, I sprang from my seat to see what was the matter. What was that strange noise; way out in the hall, A jolly laugh, perhaps it was nothing at all. When, what to my curious eyes should appear, But a senior partner, did he ever instill fear! He was dressed all in red, from his head to his foot, And his cuff links were massive; and covered with soot! A bundle of discs, he had slung on his back, And he looked like a vendor just opening his pack. What was this extra data, at such a late hour? The thought of loading it al...

The chewing of bubblegum will not be allowed in this courtroom . I still chuckle every time I think about that old sign hanging on the door of a courtroom I just spent a few days in. Courtroom etiquette is something that we all have learned and adhere too as legal professionals. In fact, it is probably the most important thing any greenhorn should master before they even attempt to work in a trial setting. Knowing when and where to sit/stand can even change depending on the judge which you have been assigned. This past week I witnessed (no pun intended) a member of the tipstaff repeatedly falling asleep. To make matters worse this individual was loudly snoring during the examination of an expert witness. Now mind you this was no isolated event as it occurred several times. Surprisingly our judge did not seem overly concerned about it. Unfortunately, our jurors had quizzical raised eyebrows at the snoring. All I could think about was the old adage, do as I say, not as I do. For the most...