Tap into the power of a PowerPoint storyboard: want to produce evidence that captivates jurors, makes complicated ideas easy for them to understand, and seamlessly complements your case themes and verbal delivery? Turn on your computer and open your PowerPoint program.

They say a picture is worth a thousand words, but in the nation s first Vioxx trial last year, (1) 253 pictures were worth much more than that. They told a simple and clear story that helped persuade jurors to award substantial damages to the plaintiff. And although the news media called the multimedia presentation "frighteningly powerful" (2) and "carefully scripted," (3) it was produced with common software tools you probably already have.

These days, it is common to see evidence displayed in courtrooms on TVs, projectors, or computer screens. Yet many seasoned attorneys are reluctant to fully integrate these new evidentiary tools into their trial strategy. Some have voiced justifiable concern that using presentation technology the wrong way might create a "show" out of a trial, distracting jurors from the message. Others may have tried using the tools, but have not yet found away to seamlessly integrate them with their verbal delivery.

On the other hand, not using presentation technology poses its own risks, including being perceived by media-savvy jurors as old-fashioned and outdated. And, of course, there's the risk of being upstaged by other attorneys using the projected media in the courtroom more effectively than you do.

The solution? Guide jurors on the path of persuasion in your next trial by creating a PowerPoint storyboard. (4) This innovative presentation technique--which is much more compelling than a conventional presentation created with Microsoft Office PowerPoint software--will help jurors see the big picture, make complicated ideas easier for them to understand, and keep their attention through the long haul.

By now, you've probably seen your share of conventional PowerPoint presentations and even may have produced a few of your own. To create one, you normally begin by opening a pre-designed template, then type lines of text and add graphics to each "slide." Then you repeat the process using the same template for the rest of the presentation. The result is a series of slides--presented as a traditional 35mm slide show--that look similar in style but are rarely linked by a story. The business community has learned the hard way that this approach often produces information-heavy presentations that are guaranteed to bore an audience. (5)

By contrast, a PowerPoint storyboard displays a varying sequence of visual "frames" that are tightly linked to one another like a filmstrip. Every visual element is designed on top of a clear, organized, and persuasive story structure and seamlessly complements the attorney's verbal delivery. The technique keeps simple graphics flowing across a screen in a way that helps jurors remember information and apply it to decision-making.

The big picture

In a world that is increasingly media-saturated, visuals speak a language jurors understand. Advances in trial presentation allow you to present your case to jurors using media they're familiar with.

Many jurors also create images themselves. Increasingly inexpensive digital cameras, computer software, and dedicated printers have allowed many people who were once merely media consumers to become media producers. But no matter what their graphical expertise, jurors expect a high level of production value in all their experiences, including those in the courtroom.

Using graphics in the courtroom is no longer a nice-to-have option or something to add "pizzazz" to your exhibits. Substantial research supports the effectiveness of using graphics in presentations. (6) Many educational psychologists study the use of multimedia in presentations based on "dual-coding theory." This assumes that people understand information primarily through two channels--verbal and visual. If you engage only the verbal channel, you miss out on the power of the visual channel to convey your information. (7)

Showing what you mean, instead of just telling, gives you significant persuasive power. The more you mimic the way jurors accumulate information to form opinions in their daily lives, the more you tap into those processes for the purpose of persuasion.

A graphical approach motivates, invigorates, and explains. It is an attention-getter and an attention-keeper. Jurors' brains and emotions react to words and phrases without consciously doing so. Using pictures helps them find the way to the result you seek.

For example, the opening sequence of frames from the storyboard used in the Vioxx trial, Ernst v. Merck, tells the visual story of how plaintiff Carol Ernst met her husband Bob late in life (Figure 1). They had a happy life together until Bob died suddenly, leaving a hole in Carol's heart.

[FIGURE 1 OMITTED]

The first frame in the sequence features a normal photograph of the couple. In the second frame, the background has been removed and left stark white to convey that something dramatic happened. In the last frame, only an outline of Bob remains, similar to the chalk outline of a body at a crime scene. A verbal explanation alone could not communicate what these pictures and spoken words did together.

From complexity to clarity

When your case involves abstract concepts, scientific theories, or complicated ideas, a visual story can give them a concrete form. The secret of a PowerPoint storyboard is not just the power of its visuals, but the clarity and simplicity that can be achieved with its underlying story structure.

Begin by writing a script using a pre-designed Microsoft Word document called a Beyond Bullet Points story template (8) (Figure 2). As you fill in the blanks in Act I, you ensure that your presentation includes classic story elements, such as dramatic tension and a main character, that build a strong narrative backbone to carry your visual story forward.

When you complete Act II of the story template, you boil down your complicated case to three or four main points, which become the visual "hooks" on which jurors will hang all the information you present. For example, in Figure 3, the big-picture story of the plaintiff's opening statement in Ernst was that "Merck had the motive" (frame 1), "Merck had the means" (frame 2), and "Motive and means cause [Bob Ernst's] death" (frame 3). These three ideas came from the story template and formed the narrative backbone of the story.

[FIGURE 3 OMITTED]

The simple graphics in the corresponding PowerPoint frames gave jurors visual cues that set the stage for the evidence they would hear. "Motive" was illustrated with a stack of money, "means" by an image of Vioxx pills, and "motive and means cause death" by an outline of Bob in a photograph. Using a simple yet familiar verbal and visual theme helps jurors retain information better because they can relate it to something they already know.

Writing out your opening or closing using the story template breaks up complex ideas into digestible chunks in a logical sequence and even flow. It also ensures that you focus on the ideas of the case before you begin designing visuals. This helps you choose what to show and what not to show during a trial, keeps the visuals and words simple and clear, and counters the tendency to add more and more information to a screen. When you tie together words and images through the entire case, your presentation comes across as polished and well produced.

Jurors' attention

The human mind craves movement and a changing landscape, and varying the visuals keeps people interested. In Ernst, 153 frames were used in the 2 1/2-hour opening statement--there was always something interesting happening on the screen at a pace of roughly one frame per minute.

But with so many frames in a storyboard, jurors might lose their way. To help them stay on track, the plaintiff attorneys used graphical techniques to highlight the most important frames. For example, in Figure 3, these included a split-screen composition in each frame, use of a simple numbering system, consistent use of red boxes, and an overall graphical uniformity. These frames were repeated at key points in the storyboard to refresh and reinforce the most important thematic concepts.

The information presented in each frame should be easy for the jurors to digest. For example, in Figure 4, a key piece of evidence is "framed" by a complete sentence that summarizes its main idea. The image of the document appears with text boxes pointing out key details. This simple layout ensures that jurors quickly "get" your point even before they hear your explanation.

[FIGURE 4 OMITTED]

Each statement in your story template becomes the headline of a storyboard frame, ensuring simplicity and clarity. Using a "less is more" philosophy will prevent you from overwhelming jurors' short-term memory.

A PowerPoint storyboard is also a persuasive backdrop for your case. As you speak, the complete sentence guides the attention of the audience, and the selection of illustration and color affects their emotions. The storyboard keeps your key ideas in the back of jurors' minds, even when you want to switch temporarily to a different presentation medium. Different people learn better with different media, and the more types you use, the more likely it is that all members of the jury will remember what you say.

The beauty of a PowerPoint storyboard is that you can leave a simple visual element on the screen while you use other media such as physical props, flip charts, printed photographs, and evidence boards. When you want to change what appears on the screen, you can use a switching system to display evidence with a document projector or DVD player, and then switch back to the storyboard when you want to return to it.

Better delivery

A PowerPoint storyboard's benefits are not limited to the effect it can have on a jury--it also can dramatically improve your delivery. As you structure the story and then turn words into pictures, the process clarifies the story in your own mind and increases your confidence in your delivery.

As you rehearse the storyboard, clicking through the story frame by frame with a remote-control device connected to your computer, each picture becomes a memory prompt to help you stay on message. With practice, the technology becomes your partner, complementing your verbal delivery and creating an experience that is simply not possible without it.

You can pick up the basics of a PowerPoint storyboard quickly, but mastering its use for the demands of trial will take practice and more practice. Technical people can help with setup, but ultimately you run the show.

Are you ready to open up the persuasive power of your next case with a PowerPoint storyboard? The tools you need are probably already on your desktop or at least within easy reach of your firm. What you need most is the desire to tell jurors a clear and compelling story. If you have that, you can win jurors' minds and hearts--and your case.

RELATED ARTICLE: Do-it-yourself demonstrative evidence.

THOMAS A. DEMETRIO JOSHUA ROSENFELD EDWARD G. WILLER

Using standard, off-the-shelf products available at any electronics store or online, the modern law firm can create, in-house, almost any type of demonstrative evidence for a fraction of the cost of using an expensive outside vendor. The two employees in our technology department produce color photographs and blowups, shoot and edit DVD videos, and create high-quality 3-D animations for use at trial.

It didn't used to be that way.

Five years ago, we started to print photographs for trial on newer, less-expensive inkjet printers instead of sending them out for professional, expensive copies. Attorneys and staff quickly commented on how the in-house photocopies looked great and, more important, took less time to produce and at a fraction of the cost of having professional prints made. So now we do most of our own color photocopying, sending out only large jobs or poster-size prints.

This simple transition led us to wonder if we could do more things in-house, so we began videotaping depositions ourselves, using a regular camcorder and microphone. The tape quality was good and, again, we saved money.

At the time, before DVD burners were common, it was still difficult to edit tapes, so we sent videos out for editing. But after we found an inexpensive dual-deck VHS machine for sale at a local electronics store, we started making copies in-house. This immediately saved us, and our clients, hundreds of dollars on every case.

Today, five years later, we produce high-quality DVD video presentations and complex still and 3-D animations for a variety of cases.

Recruit talent

Creating high-quality demonstrative evidence requires skilled staff. Candidates you consider for the position of in-house media producer/animator/designer should have college or art-school training in design, computer graphics, and audio and video production.

You may wonder whether you can afford to hire a full-time production person. But remember that the services of outside vendors can cost tens and even hundreds of thousands of dollars per case. The salary of your prospective new employee--even one with considerable talent and experience--will not be more than the cost of a few commercially produced animations and video depositions. And he or she probably will contribute to the firm in other ways, such as by helping with print production, Web-site production, or database programming.

Your new staffer will need to work with your experts to create compelling evidence. For example, when we wanted to make a 3-D animation of a plaintiff's spine and the medical procedure that caused our client's injury, our staffer met with the expert physician who was going to testify in court. After creating some sketches, with input from the doctor, we purchased prebuilt 3-D models online, saving a lot of time since our staffer did not need to build the key pieces required for the animation. Most 3-D animations can be created using models that are available online. Some are even free. One good source is www.3dcafe.com.

While the animation was being produced, we posted drafts of the video on a secure area of our firm's Web site for outside experts to review. This was easy because the staffer who created the animations also maintains the Web site. The online review facilitated revisions by the attorney, animator, and expert.

In all, it took about a month to complete the animation and cost only $7,000 to produce, mostly for the time spent in production. An outside vendor would have charged at least $30,000.

Our staffer can also edit video depositions--a skill most firms probably need more than animation. Once we receive a redacted transcript of a taped deposition, we can edit the footage quickly and create a DVD or video to bring to court.

Start small

The cost savings may be tempting, but don't bite off more than you can chew. Remember, it took us five years to get to where we are now. First, try making your own videos and copies of them. Once you feel comfortable at this level, hire someone part-time to edit your videotapes.

Then contact your local college or art school about hiring a student or recent graduate who already has some training. Before you know it, your firm maybe producing state-of-the-art demonstrative evidence from scratch at a fraction of what it costs to hire professionals to do it.

THOMAS A. DEMETRIO and EDWARD G. WILLER practice law with Corboy and Demetrio in Chicago. JOSHUA ROSENFELD is chair of the firm's technology department.

Notes

(1.) Ernst v. Merck & Co., No. 19961-BH02 (Tex., Brazoria County Dist. Ct. Aug. 19, 2005).

(2.) Roger Parloff, Stark Choices at the First Vioxx Trial, FORTUNE, July 15, 2005, available at www.socialblemedia.com/PDF/fortune_jul_15_05.pdf (last visited Mar. 1, 2006).

(3.) Alex Berenson, A Lawyer's Stock Rises with Victory over Merck, N.Y. TIMES, Aug. 22, 2005, at C1.

(4.) For a step-by-step description of how to build a PowerPoint storyboard, see CLIFF ATKINSON, BEYOND BULLET POINTS: USING MICROSOFT POWERPOINT TO CREATE PRESENTATIONS THAT INFORM, MOTIVATE, AND INSPIRE (2005).

(5.) See generally EDWARD R. TUFTE, THE COGNITIVE STYLE OF POWERPOINT (2003); Ian Parker, Absolute PowerPoint, NEW YORKER, May 28, 2001, at 76; Brad Feld, The Torturous World of PowerPoint, Feld Thoughts (June 22, 2004), at www.feld.com/blog/archives/2004/06/ the_torturous_w.html (last visited Mar. 2, 2006).

(6.) See generally RICHARD E. MAYER, MULTIMEDIA LEARNING (2001).

(7.) In keeping with dual-coding theory, a PowerPoint storyboard has a little-used feature called Notes Page View, which includes an on-screen slide area along with an off-screen text box. This feature lets you efficiently synchronize words and images.

(8.) The template is described in Beyond Bullet Points and is available as a free download at www. sociablemedia.com (last visited Mar. 1, 2006).

CLIFF ATKINSON, a trial consultant with Sociable Media in Los Angeles, designed the PowerPoint storyboard used in Ernst v. Merck and is the author of Beyond Bullet Points (2005).

W. MARK LANIER, a trial lawyer in Houston, represented the plaintiffs in that case. The views expressed in this article are the authors 'and do not constitute an endorsement of any product by TRIAL or ATLA.

FIGURE 2: The secret structure of a storyboard. Using
a story template to outline your case ensures that you
include classic story elements that will engage the jury.
It also helps you organize your ideas and themes in a way
that becomes the basis for your visual storyboard.

Ernst Opening

Act I: Set up the story

The setting        Bob Ernst is dead

The Protagonist    You are the detectives in this trial

The imbalance      The evidence shows Merck is responsible

The balance        The responsible party must be brought to justice

The solution       Follow the evidence: look at motive, weapon, and
                   the crime itself

Act II: Develop the action

5-Minute Column:   15-Minute Column:   45-Minute Column:
                   Gilmartin turns Merck into