Prezi Presentations and Lucid Charts

I wanted to show a "possibilities chart" to explain the criminal justice system in the state of New Jersey to some new attorneys.  A slideshow presentation would not provide, without extra work, a if-this-than-that and if-that-than-this flow.  I had originally created a LucidChart file demonstrating the possibilities.

LucidChart allows users to create flowing diagrams and charts.  It is easy to use and publish.  The only limitation is that it is static. So, here is the flowchart created in LucidChart and also a nice disclaimer:
Disclaimer: The materials available in this flowchart are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this flowchart do not create an attorney-client relationship between Lomurro Davison and the user or browser. 

So, it was a static diagram and was heavy on the possibilities.  Therefore, I decided to up my game a little.  I decided to create a PowerPoint slideshow of the flowchart.  It was a bad idea.  It wouldn't flow right and was too time consuming.

When a powerpoint presentation won't cut it, you can turn to Prezi.  Prezi is a website found at www.prezi.com
For all intensive purposes, the product is free.  You can purchase the PRO version which adds a desktop tool and allows you to create private presentations.  But the main features are free.
So, what is Prezi.
It is a different way to present.  A fluid version of a presentation that is not limited by slides.  It is limited in transitions and animations, but it makes up for that in other ways.
Based on my problems with PowerPoint, I decided to create a Prezi Presentation. I have provided the example below.  It is a link to the published site.  (Disclaimer is on site as well).

Prezi Example of Criminal Case Proceedings in NJ

There are a lot of impressive examples at their explore site:
http://prezi.com/explore/

These are just a few fantastic ways to present your ideas to the viewer.
I would like to add that Prezi works fantastic with its IPad app.  (I'm beginning to get over my hatred for all things Apple).

So, to recap, Flow Charts can be created in static form with LucidChart, you can present with normal slideshow presenters like PowerPoint, or you can try a fluid presenter like Prezi.

All the best in your presentations and displays!

Logmein app has gone FREE

Alright... I just fell in love with logmein's ignition app and, as soon as I blog about it, they begin to offer an almost identical FREE version. The ignition app is still available for about $30. BUT do not buy it. Rather get the free app and if you want advanced hd then upgrade the free app to logmein's PRO and we who purchased ignition will just pout. Still, it's great that they are offering a free app and that it is impressively useful. I am just venting.
There is a great story explaining the different features on Engadget.com
On a side note, when is blogger going to come out with an iPad compatible app. The iPhone version looks terrible and is difficult to utilize.

Have I turned the page? IPad 2... Airplay... Apps..

The day I had been fighting against had arrived.  I walked into my office.  And there it was; sitting in the center of the desk... an iPad2.  I was angry.  I tried to determine why this frustratingly-simple creature of the Apple world was laying there.  I had not enjoyed or utilized an Apple product since the Apple 2Gs computer existed.  I would continually swear against the company.  I had claimed Apple was a marketing company before a tech company.  Relating specifically to the iPad, I argued that, prior to its appearance, Tablets had been around for YEARS.  They were called SLATE computers.  I had my first tablet/slate in 2002.  Yes, my slate had to utilize a stylus to navigate the touch screen.  Yes, my slate was significantly heavier.  BUT, it was highly functional.  It had memory, ram, and of course USB ports.  It ran Windows XP.  It handled OneNote.  It was basically a laptop without a keyboard.  It did damn near everything.... Just not well.  Hence my anger when the iPad arrived.  It was a limited creature.  And true to Apple's form, it did not play well with others.  No USB ports, an Apple OS, Limited functionality, and very few accessories to add.  It appeared intentionally limited.  And  I hate limitations.
However, I did not close my mind to its use.  Since, it was on my desk.  I learned that the office had purchased the product for me.  They requested I review it for benefits to the firm.  I had told them that I did not want to participate in their experiment and that there were other tech toys I wished to play with first.  But the tech committee had voted and I was stuck.
Therefore, I plugged the thing into my PC and awaited disappointment.
To my immediate dismay, I stood in shock.  The iPad was simple to setup.  It flowed without frustration.  There was limited delay in linking it to my iTunes account (which I admit is very useful in organizing my vast collection of classic rock and 80s music).  Alright, I began to think;  this thing is a giant iTouch.  I could live with that.  So, the first thing I decided to do was download some simple touch games for my 2 year old daughter, some spelling, some kids books and some of the talking animals apps.  I knew that this was beneficial.  A lot of these apps are created to assist in the language development.  I just was not sold on the idea that this was a useful product for me or for law firms.
So, I continued my journey into this lightweight and quick loading item.  It accessed the web in a fraction of the time of a netbook.  Its start time was non-existent.  It just was on as quick as it was off.  As a PC fan, this confused me.  I admit that I expect and sometimes love confusion.  The blue-screen-of-death is a common blip still with Windows 7 (which I love).
I got used to the games, dabbled on the internet (the lack of flash sites began to give me a complaint), and synced all my personal e-mail accounts.
That is when I started to see the benefits of the device.  The e-mail was quick, simple and convenient.  I flew through the spam and unimportant e-mails; clearing out the irrelevant in seconds.  I noticed that I was not provided the version with 3G, so I was connecting to WiFi.  But in my area, Optimum provides WiFi throughout the county for free (with your personally subscription at your home of course).
Ease of use in e-mail, photos, and web browsing.  Nice.  I thought to myself, "my wife would love this.  That is her entire use of computers."
And although work e-mail could be accessed on the iPad (I purchased and setup the Good network to access it), the missing keyboard made it difficult.  Yet, then I noticed something.  They had attachments: keyboard, apple tv, hdmi, etc...  And I started thinking.
After playing around, I decided that the keyboard didn't make much sense.  I'd like to stick to my laptop to work on.  BUT, this light-weight creature may be very useful to a litigator going to a mediation, arbitration, or motion.  It would save me the hassle of lugging a laptop to the courthouse.
As I tried to find the best way to send my documents from my PC to the iPad for my test mediation.  I realized that there was a LogMeIn app.  I have loved the integration of LogMeIn through the internet, so I figured I would give the app a shot.

The LogMeIn app is called Ignition. AWESOME!!!  I was on a train to cape cod to take a deposition and, for the 5 hour ride, I was able to access my work computer and navigate all of my files.  It easily transferred documents from the network drive to my iPad so that I could have the documents for the deposition.  Documents that I did not have in my briefcase or suitcase.  Once on the iPad, I utilized the dropbox app (BIG FAN OF DROPBOX), to get the apps onto my laptop (which was too big to utilize on the Amtrak train even in business class).  After throwing the docs onto the USB, I printed them at the Marriott Courtyard (which had free printing, which was great because I had about 200 documents to print out).

So, now I start to realize that for reading .pdf documents, and flipping through e-mails, and general ease navigating information, the iPad 2 was very useful.  Too useful.  I began to see why it was addicting.  I started to browse for the sake of browsing.  I found myself almost bragging that I was holding the object.
BUT I continued my dabbling with the iPad.
Now, I wanted to focus on presentation technology.  I lecture frequently on technology and the law.  Especially in regards to trial work, e-discovery, and the use of social media and ethics.  So, I wanted to see if I could find a decent slide-show presentation app.
Now for those that use the iPad (and I guess those that don't), it is a curious thing. I spend a couple hundred dollars on some of my audio/video/document editing software for my PC, but I spend hours debating if I should drop $1.99 on an app.  I don't know why this is.  But I have found myself debating the use of the small program being sold at a fairly reasonable price.
Now that I am back from the aside,  I purchased SlideShark and Keynote.

  These two appeared to be the best reviewed apps on the internet.  So I got them both.  First and foremost, the lack of the ability, of an iPad, to utilize many video file types is extremely frustrating.  And both slideshow presenters do NOT allow embedded video.  Both transfer Powerpoint-created slideshows from your PC.  Both are very simple.  Both allow for airplay.
Airplay is a great thing for presentations.  It allows a wireless mirroring of the iPad 2.  In order to utilize Airplay, you need to purchase a 2nd generation Apple TV.  This is about $99.  I traded a wireless keyboard and mouse for it (thanks Christina).  This means that I can bring my presentation to any display with just the iPad, the Apple TV, and an internet connection.  Yes, the flaw in this process is the internet connection.  Both products have to be on the internet.  Now, theoretically you could set your phone up to serve as a secure hotspot for both items and then utilize them for the presentation, but I would rather not have to put both on the internet and risk a loss of connection and, therefore, a loss in the presentation.  But wireless presentation of a slideshow is huge for lecturing.

So, I now can use the device to present my lectures.   I then found it easier to quickly display at the mediation, arbitration, or conference the facts and powerpoint.  It was simpler than using a bulky laptop with a long boot (even if just held in hibernation mode).  

Now, I have to admit, I am overcoming my hatred of Apple.  The product clearly has significant benefits.  Most of them, actually due to the clearly-designed limitations.  

Ok, well what about trial.  There could be no way to use this thing at trial.  No benefit.  Right?  

Well, I don't know yet.  I haven't broken into that phase yet.  But I plan to.  I will look at TrialPad, iJuror, Exhibit A, Fastcase, JuryTracker, TrialTouch, RLTC: Evidence, iJury, and JuryStar.  I just have to get over that purchasing hesitation.  I mean I just spent $4 on candy.  I'm sure I shouldn't have this difficulty in spending that on an app that may assist my life.... Baby steps, I guess.

I'll keep you posted.

Family Law Seminar for NJAJ Practice Recording

This is a practice run for the Family Law Lecture 

to be given at the Meadowlands Seminar on November 10th, 2011.

My portion of the seminar will be regarding the use of social media in a family law matter.

It is e-discovery, collection, and presentation.

It is two parts.  The first is longer, the second shorter.  

Any and all information provided in the seminar does not constitute an attorney-client relationship,

nor is it provided as legal advice.   This is for informational purposes only.

It is separated due to an accidental click.  Gotta love tech.  

Anyway, here it is.

PART I

PART II

Timeline Program Frustration

Oh, if only there was a timeline program that incorporated linked files to the dates on the timeline and have a "pack-and-go" setting to move everything from the server to the trial laptop.  I would purchase it yesterday.  I use TimeLine Xpress.  Problem is that the last update was in 2004.  Further problem, it does not integrate with its other software (i.e. Trial Director).  Still further, the linking of exhibits is extremely cumbersome.  Still further, it does not function well with the touch screen.

Yet, I still use it.  Why?  Well, it is the only timeline program that allows for integration with .pdf files for easy retrieval and usage.  Without creating an artwork based powerpoint timeline, this appears to be the only viable option.  I have contacted InData Corp. and requested that they update the program.  However, it appears that they are not concerned with it and have stated that an update is not on its way any time soon.

Why sell a subpar product?   Why is there no other program available that can provide a simple click and reference button?  Why should this be so complicated?

Why do I use two Monitors on my desktop?

Extended screens for trial and presentations are easy to understand.  Yet, some people can't understand their benefit when placed on a desk.  In my mind, the simple answer is convenience.  I'm a digital litigator.  In other words, I rarely have a physical file in my office.  Everything is scanned.  Therefore, I can review the documents, photos, MRIs, etc.. on the right screen and make notations on the left.  I can bill time on the right screen while answering e-mails on the left.  I can research the law on the right while writing the brief on the left.

Best of all, I can practice my litigation programs without setting up the in-court display.  I can practice on trial director/power point and see what the jury will see versus what my litigation screen will show. Now, this provides yet another great possibility.  The practice and record method of presentation.  With the dual screens, you can operate Camtasia or a video-screen-capture program and record the product.  This is great when you know what it is you want to show to the jury.  The video then can be embedded into power point as a video.  Using trial director in this form allows for precision in front of a jury.  There is no risk of clicking the wrong this or having the wrong document called out.  The video of your demonstration is set.  This works ONLY when the information is in a set order.  The benefit of trial director and trial presentation software is its fluidity.  Its ability to change on a moments notice.  But, when you know that something is going to move forward in a slide-by-slide style.  Then its perfect.

Now, I prefer the second monitor to also be a touchscreen.  This allows for a more accurate practice field, since I use a touch screen display in the courtroom.  Also, this will allow me to sign the digital documents and save a couple trees.

Another interesting use of the dual screens, plus the recording of the presentation preview of trial director, is the ability to make videos of the screen and add them into a settlement DVD.

If you don't believe me... Check out an article written in 2006... Yes, 2006.  By the New York Times.http://www.nytimes.com/2006/04/20/technology/20basics.html?ei=5090&en=6fc17b9bf54ea2ef&ex=1303185600&adxnnl=1&partner=rssuserland&emc=rss&pagewanted=print&adxnnlx=1312291144-qcDzegpNrP4UfYBsdVoOhw

Remember the internet in '90s and early '00s... You can still visit it.

Lets take a trip back in time.  The Wayback Machine is your time machine of the web.  It has been archiving websites since 1996.  It was given an upgrade in 2001 to over 10 billion pages.  Then it was given another face lift in 2011.  The archive collaborates with the Library of Congress and the Smithsonian. The Internet Archive's mission is to create an Internet library for researchers, historians, and scholars.   The Internet Archive, a 501(c)(3) non-profit, is building a digital library of Internet sites and other cultural artifacts in digital form. Like a paper library, they provide free access to researchers, historians, scholars, and the general public.


But what it delivers is something even more.  It is a time stamp of admissions from corporations, businesses, and individuals.  It allows you to find that which has been lost.  It is a window to the past.  


Plus, its parent archiving site the Internet Archive provides even more goodies: Music, Videos, Texts, and old software programs.  

$99 to turn your laptop into a tablet??? Yes.

Alright, so remember my quest for touchscreen products to liven up the courtroom.  Well, I have come across the best practice tool without having to purchase a new convertible laptop.  Its the DUO Pen or Digital Tablet Pen.  The bag says its from www.penandfree.com but I got it from KeyTec.

Anyway, lets talk about what it is.  It is a simple USB attached sensor that pops right onto the top of your laptop or desktop screen. Then you utilize a provided pen and Viola you have a tablet laptop.  Granted its not as accurate, but its pretty darn close.  Better yet, all the tablet options available in Microsoft products are immediately recognized.  It works as if the pen replaces the mouse.  This is a much better alternative for training your expert.  You would no longer have to lug down the big Touchscreen monitor.  Instead, you could just bring your laptop with the Duo attachment.

It is just a nice added fix that is well-priced.  Enjoy the info.

Review of HP LD4200tm

So, I've seen the Whiteboards of the world.  And I have definitely seen their $15,000 pricetag.  I wanted something else.  Something cheaper.  Something portable.  Something impressive.  I looked at short-throw projectors with whitescreen functionality.  I observed overlay screens for television sets.  I looked at foreign-made whiteboards.  I looked everywhere.  


While searching for an alternative, I came across digital signage.  Why they call it that instead of "really big touch screen monitor" is baffling.  They would sell 1000 times more if they marketed the product correctly.  So, HP has a line of digital signs.  Most are not touch screens.  However, there it was.  For under $2,000.  The HP LD4200tm.  I called and asked if it would work as an extended screen monitor.  They had no idea what I was talking about.  On a good feeling, I purchased the product.  It was all that I wanted and more. 







 It was a light-weight portable touch monitor that could function as an extended screen.  Better still, there were VGA, HDMI, component (2), composite (1), and S-video inputs (1), and a VGA out for Tiling.  You could then have a separate monitor that mimics the touchscreen for the Judge.  Or, you could have it set to record the presentation.  This provides an infinite amount of possibilities in courtroom setup.


So, at 42"  it is not overpowering.  There is no shadowing caused by projectors.  It requires only a USB cord, a VGA cord, and a power outlet.  This minimizes the amount of wires that are strung about the courtroom.  


You can buy the digital signage speakers which will attach to the LD4200tm.  However, I utilize stand alone speakers attached to the laptop instead.  No need for more wires to be run anywhere.  


Figured I'd share my experience with the touchscreen. Also, the previous post is about how to make the touchscreen work in extended mode.  I called customer service at HP about 10 times and none of them though that it was possible.  Then the solution came out.  The new old-fashioned way.  I looked on the internet.  And there it was. 


Review by Gizmodo on LD4200tm

Touchscreen Monitor Solution for External Monitor

I have had a two-monitor setup in an extended display desktop configuration on my Windows 7 computer, one of which is a touchscreen device, one of which is not.   The built-in display is the non-touch laptop screen.  When I first connected the touchscreen, the touch cursor would appear on the non-touchscreen monitor. This was extremely frustrating and I tried to find ways to cope.  This was incorrect.  A touchscreen monitor should not have to act only as a clone display forcing it to be a large trackpad.  I tried to locate a solution to my extended screen problem.  After many falls on my face, I came across a solution!!!!


1. Goto Control Panel.  
2. Click on Hardware and Sound
3. Click on Tablet PC Settings
4. Under Configure, Click on the Setup with the yellow and blue shield next to it (setup guide)
5. Select Touch as the input type
6. This will then make the screen white and the instructions will request that you hit Enter to move to the next screen
7. Click Enter
8.  Then touch the extended screen monitor.
9. PROBLEM SOLVED


Side thanks to Orin Thomas who pointed me in the right direction.

What software/freeware do I use?

There are so many great programs available for lawyers.  However, the key is to dream up useful applications that work within the context of trial preparation and presentation.  I have grown to enjoy certain programming to provide core function to my practice.  These are my personal preferences and in no way put down other products out there.  I would love to learn about more products, but only can tell about that which I use.

OCR: Adobe Acrobat 9 

BATESTAMP:  Adobe Acrobat 9 

PRINT TO PDF: I use the freeware program Bullzip PDF writer for capturing websites in pdf form. Adobe provides the same ability, I just prefer Bullzip.  

COPY WHAT YOU SEE:  There is the age old "print screen" button.  However, I prefer the ease of use and functionality of PicPick.  This is a screen capture tool that allows basic image editing.  It is freeware ONLY for personal use.  A license is needed for commercial use.

RECORD VIDEO FROM YOUR SCREEN: Camtasia Studio.  I have seen flash recorders and other screen recorders.  Yet, I can not find a better program than Camtasia.  In fact, the Camtasia Studio is up to version 7.1 and their old version 4 works better than most I've seen.  That being said, I would recommend the newest version.

VIDEO EDITING: I utilize Pinnacle Studio 12.  I know that there are some upgrades available, but I'm not sure if I am going to remain loyal.  I have some disagreements with the program.  I'll keep you posted with my updated search for the next video editing choice.

PHOTO EDITING/CROPPING/ETC.:  GIMP otherwise known as the GNU Image Manipulation Program.  This is all I use.  It is Freeware.  It is more powerful than Adobe Photoshop and Corel Paint Shop Pro.  This is hands down my favorite program.  The only problem I have with it is the slow startup speed.

SLIDESHOW PRESENTER:  Although I hate to admit it, there does not appear to be a better slideshow presenter than Microsoft Power Point 2010.  There are some alternative slideshow presenters (freeware): Open Office Impress or LibreOffice Impress.  These are both free office suites that are open source.  They work great but just aren't there yet with the slideshow presenter.

TRIAL PRESENTATION SOFTWARE: Trial Director.  There are cheaper alternatives out there.  However, this is the key component to success in the courtroom and I want the best and fastest program.  Trial Director accomplishes this.  The tech team does not always treat you as they should for what you pay for the product.  Also, their manuals are basic only and the training is extremely expensive.  However, the product is great.  Just have a fast computer utilizing Windows 7.  

TIMELINE CREATOR: TimelineXpress 4.5.  Unfortunately, it appears that In Data doesn't really care about this product.  They have not updated it and their salesmen have expressed that they have no plans to work with it.  Too bad.  The concept is great.  The only downfall is that it does not integrate well with their other product, Trial Director.  So, it has to be run separate and apart.  

DVD/CD BURNER:  Roxio Creater 2011.  It is easy and quick.  I know there are free programs out there that do the same thing, but this came with the computer so I use it.  If you want freeware reviews, goto Gizmo's Freeware.

My Tech Rules List of 10

1. If you can say it, you can display it.  Cross v. Lamb, Inc., 60 N.J.Super 59 (1960)
2. Lay a foundation before presentation. Macaluso v. Pleskin, 329 N.J.Super 348 (App. Div. 2000)
3. Hide and be Denied.  Suanez v. Egeland, 330 N.J. Super 190 (App Div 2000)
4. If your tech doesn't work, don't go berserk.  (Have a backup plan... People expect tech to fail, so stay calm and think of an alternate way to present the same information)
5. Courtroom staff will know the best place to show.  (Ask those that frequent the courtroom what locations are best to display information to the jury)
6. Know the relevant cases or your preparation may be wasted.  (If you do not know the applicable case law, you may not be able to educate the court on the admissibility of the work you have completed)
7. Do a practice run through to expect problems you'll run into (Practice, Practice, Practice)
8. Always check your power cords, batteries, extension wires, etc.
9. An organized file folder is as important as an organized trial notebook.
10.  Backup, Backup, Backup

Cheap Portable Scanner Is Extremely Useful!!!

While looking for a small portable scanner to use in court, I came across VuPoint Solutions’ Magic Wand.  Under $100, light, and portable.  http://www.vupointsolutions.com/PDS-ST415-VP.asp

The Magic Wand Scanner

The magic wand is a portable scanner without a feeding mechanism.  In fact, it just slides across the document, image, or item.  The purpose of its creation appears to be for scanning receipts on a business trip.  However, its use is actually perfect for trial attorneys.  (This being said, the image quality is limited to 600 DPI).  The handheld scanner works alright on X-Rays and, of course, does color documents.  But more importantly, it does maps, odd-shaped documents, and jury lists.  All of the information gets scanned onto a miniSD card.  It also has a USB attachment to quickly transfer the files to your computer.   Now, the quality isn’t the best, but its perfect for quick scans of items.

And quick is the thing that is necessary when picking a jury.  You can utilize the scanner to quickly take the list, scan it, e-mail it to your office for them to start researching.  They can research and report back.  

Why Digital Litigation?

“The wave of the future clearly lies in the use of electronic technology both in discovery and courtroom presentation.”[1] (U.S. Magistrate Judge Hughes – Nov. 27, 2002).

I find that, in today’s society, people are expecting to see technology in almost everything.  Our phones have become portable minicomputers.  Our cars talk to us and tell us what direction we’re supposed be traveling.  And our television records programs that it “thinks” we would like.  Mastering new technology is not always easy.  And people are inherently fearful of change.  Yet, to ignore technology is to provide a disservice to yourself and your client.  There was a time when MRIs, EMGs, Ultrasounds, and CAT scans didn’t exist.  But today, a doctor failing to utilize these tools would most likely be the Defendant in a malpractice lawsuit.  So, why are attorneys fearful of utilizing technology in the courtroom?   Many lawyers believe that courtroom technology means dramatic computer recreations and expensive, overly-dramatic, and evidentially-problematic presentations.  This is a common misconception of definition of courtroom technology.  I hope that the information on this site will conquer these incorrect beliefs and encourage the use of technology in the courtroom.  Further, I anticipate that this site’s information may change the views of some classic-style attorneys.

Trial lawyers are currently behind the Judiciary in efforts of utilizing technology in the courtroom.  Technology has already become a standard part of our judicial system.  Most court proceedings utilize digital audio recording.  Many courtrooms have video-recording capabilities.  New Jersey’s Municipal Courts are equipped with video conferencing technology in order to communicate directly with the correctional institutions of the State.  Newer County courtrooms are being built with the thought of bringing our system into the 21^st century.  As a simple point, many courts in New Jersey allow e-filing of court documents and are headed towards a paperless system.

New Jersey’s District Court has an entire website dedicated to attorney courtroom technology.[2] The Court “encourage[s] the Bar to take advantage of [their] equipment and [they] hope its availability eases the presentation of demonstrative evidence.”  The District Court provides, to the Bar at no cost, the use of a document camera, LCD projector, Automatic Projection Screen, Shadow Box, and VCR/DVD player.   By their actions and comments, the District Court has made it abundantly clear that they are requesting the use of their technological equipment during the presentation of cases.  In August of 1999, the Administrative Office of the U.S. Courts published the Courtroom Technology Manual.[3] The Manual explains the importance of courtroom technology in its introduction: “The Judicial Conference has endorsed the use of technologies in the courtroom and… urged that (a) courtroom technologies – including video evidence presentation systems, videoconferencing systems, and electronic methods of taking the record – be considered as necessary and integral parts of courtrooms undergoing construction or major renovation; and (b) the same courtroom technologies be retrofitted into existing courtrooms or those undergoing tenant alterations as appropriate.”

In addition to its benefits to the court, technology can be used in assisting the jury understand the evidence of the case.  It allows an attorney to place evidence before the judge, the jurors, the lawyers, and the witness; and all at the same time.   The presentation of evidence through technology allows the jurors to feel involved in the proceedings.  They are able to observe the evidence at the same time as it is referenced by the attorney or the witness.  They can read the documented proofs at their leisure; without having to rush to pass it to the next juror seated in the box.  Further, some jurors learn better through visual means rather than auditory means and the presentation may increase their ability to understand the testimony and argument.

The most important thing to remember is that there is nothing improper in the use the demonstrative or illustrative evidence.[4]

But what is demonstrative or illustrative evidence?  It is any evidence that replicates the actual physical evidence, demonstrates some matter material to the case, or illustrates certain aspects of an expert’s opinion.[5] As with our District Court, our Superior Court Appellate Division has acknowledged that the use of visual aids and power point presentations are widespread and growing.[6] And that comment was made five years ago, in 2005.

Visual Aids have been in courts for a long time.  In the 1950s, blackboards were utilized[7].  They progressed into large pads that were propped on top of easels.  Next, the court witnessed the use of large blown-up versions of evidence: photographs, maps, and documents.  Subsequently, slide projectors, overhead projectors, and videotapes were utilized.  CD players, DVD players, and televisions have become commonplace.  The next logical step, therefore, is the use of a laptop computer and projector.  “Computer technology evolves at such a fast rate that future predictions are impossible.  The courtroom of the future has already been built, the future law office has already been designed, and advanced computer technologies have already been implemented that will take the modern lawyer into the next century.”[8]

Demonstrative aids have already been utilized by judges, prosecutors, criminal-defense attorneys, plaintiff attorneys, and defense attorneys.[9] That does not mean that everyone is on board for its use.  It is imperative that the information contained in the demonstrative aid be admissible under the New Jersey Rules of Evidence and that the attorney seeking to utilize the evidence be fair in its presentation.  The evidence must be authenticated, relevant, and “its probative value must not be offset by undue prejudice, unfair surprise, undue consumption of trial time, or possible confusion of issues.”[10]

Since the trial court enjoys wide latitude in admitting or rejecting demonstrative evidence or visual aids, the evidence should not be hidden from the court.  Its a surefire way to lose the support of the court if the first time the judge learns of your plan to use technology is when you are bringing equipment into the courtroom on the first day of trial.  I find that it is important to make your adversary and the court aware that you will be using technological evidence or digital presentation technology.  It makes the court more receptive to its use and allows your adversary an opportunity to raise an objection prior to presentation.  It would be embarrassing, damaging, and frustrating if you are unable to use the evidence that you spent hours crafting due to trying to hide its existence until the time in which you wished to present it.

Rule of thumb: If you can say it, you can display it.  In other words, if you can properly say it in court under our rules of evidence and case law, you can properly display it court through the use of a visual aid.  This rule has been true since the blackboard-argument days.[11] And just as simple a rule: What you can not say, you can not display.

Remember, visual aids are not evidence.  They are visual depictions of what you are arguing and of what the witnesses are stating during their testimony.  Because visual aids are not considered evidence, most judges do not admit them formally in evidence and some do not let them into the jury room during deliberations.  Some will by the way.  I figure, if you don’t ask, then the answer is already no.  Visual aids do not require strict foundation requirements.  If the information or exhibit is properly before the court, it can be presented in electronic form.  Of course, the form should not distort the original piece of information or confuse the jury as to the testimony.  The visual aid is admitted for the sole purpose of aiding the jury in understanding the evidence presented in court.  There is an extreme difference in impact between testimony about a crime scene and a photographic depiction of the actual location.  Further, the oral presentation combined with visual aids or demonstrative evidence is far superior to either when presented alone because most people combine visual and auditory learning.  The oral presentation and the visual presentation reinforce the information.

Visual aids are different than demonstrative evidence.  Visual aids assist in the presentation of facts to the jury.  Demonstrative evidence represents the real thing.  Visual Aids are used to illustrate the testimony of a witness or the argument of an attorney.  Its main objective is to assist the jury in visualizing the information.  Therefore, the demonstrative evidence requires that the exhibit be admitted into evidence and the proper foundation be presented.  The information does not have to be to scale.  It only has to fair and accurate without being distorted, misleading, or confusing.  Once the foundation has been laid regarding its fair and accurate depiction, the witness should acknowledge that the demonstrative evidence will be helpful in explaining his or her testimony.

A computers’ ability to organize and present documents, graphics, and videos has given rise to numerous litigation support programming and presentation software.  Some programs allow the trial lawyers to have at their fingertips their entire file, make it possible to retrieve any document in seconds and search the contents therein.  With this new technology, you can create a plethora of demonstrative and visual aids that can be presented in numerous ways:  Tables, Charts, Graphs, Models, Demonstrations, Reconstructions, Animations, Magnification, Video Depositions, and Slide Show Presentations.

Computer Technology and Litigation Support Systems are not required in every case and they should not be utilized in every case.  Every case is fact sensitive and certain files do not require the use of a technological presentation.  Additionally, time, effort, and monetary factors may preclude you from utilizing the technology.   And if used improperly, technology has the ability to detract attention from the main argument.  While technology may not be appropriate in every instance, it can be of tremendous assistance in the correct instance.  I feel that technology can assist us in providing the jurors with a visual interpretation of testimony about an event, a location, an object, a procedure, complicated terminology, or a document.  As stated previously, it can be utilized for the purpose of reinforcing the evidence testified to by the witnesses in the courtroom.  It helps us organize the presentation of voluminous facts and helps us present a summary of the admitted evidence.   Since evidence has to be presented by witnesses, it rarely follows a chronological or systematic format.  The use of technology allows us to reorganize the evidence for better understanding and storytelling.

It is important to think about your use of technology before becoming bound by its utilization or frozen from the fear of change.   With 3-D movies as realistic as Avatar and 2-D fictional character’s are realistic as the dinosaurs in Jurassic Park, lay persons have grown accustomed to computer-produced animation.  I try to remind myself that an animation is only an electronic illustration.  It is something that is created to demonstrate information that we can derive from other sources.  Truly, it is the next step in artistic display.  It enhances the testimony of my witnesses and strengthens my argument.  “Demonstrative evidence is a valuable tool used by prosecutors and defense trial attorneys alike to assist jurors.” – Judge Neafsey J.S.C.[12]

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[1] Fanelli v. Centenary College, 211 F.R.D. 268, 271 (D.N.J. Nov. 27, 2002)

[2] http://www.njd.uscourts.gov/atty/courtroomTech.html

[3] http://www.ndd.uscourts.gov/pdf/litigants_manual.pdf (August 1999)

[4] Rodd v. Raritan Radiologic Associates, 373 N.J.Super 154, 164 (App. Div. 2004)

[5] Id at 165; citing State v. Scherzer, 301 N.J.Super 363, 434 (App.Div.), certif. denies, 151 N.J. 466 (1977); State v. Gear, 115 N.J.Super 151, 153-154 (App. Div.), certif. denied, 59 N.J. 270 (1971); and State v. Raso, 321 N.J.Super 5, 19 (App. Div.), cerif. Denied, 161N.J. 332 (1999).

[6] State v. Sabar, 2005 WL 2509882 (App. Div. 2005),certif. granted; reversed on other grounds, 186 N.J. 360 (2006); Habeas Corpus denied, 2008 WL 305474 (D.N.J. 2008)

[7] Cross v. Lamb, Inc., 60 N.J.Super 59 (1960)

[8] 71 AMJURTRIALS 111, 167 (2009)

[9] State v. Sabar, supra, 2005 WL 2509882 (App. Div. 2005); State v. Price, 2006 WL3299754 (App. Div. 2006);  Merck Sharp v. Teva Pharmaceuticals USA, 2008 WL4837397 (D.N.J. 2008); State v. Robinson, 2007 WL 1892226 (App. Div. 2007);

[10] Rodd v. Raritan Radiologic Associates, P.A., 373 N.J.Super 154 (App. Div. 2004)

[11] “The purpose of this kind of use of blackboards is essentially exhortatory and not explanatory is apparent from the commonly expressed judicial justification therefore –anything which counsel has the right to argue as a legitimate interpretation of or inference from the evidence he is free, within the discretionary control of the court, to write upon the blackboard.” Cross v. Lamb, Inc., 60 N.J.Super 59, 74-75 (1960)

[12] State v. Harte, 395 N.J.Super 162, 174 (Law. Div. 2006)