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USING POWERPOINT TO PROVE YOUR POINT AT A MICHIGAN DRUNK DRIVING TRIAL
Patrick T. Barone
Perhaps the most challenging task for a trial lawyer is taking a complicated concept or group of concepts, and breaking them down into their fundamental elements. Then, making these concepts easy to understand for a jury. PowerPoint is perhaps the most powerful way to accomplish this task. We all live in an age of visual technology and 60 second sound bites, and PowerPoint appeals to both of these sensitivities. Consequently, the lawyer that better presents his or her case visually (and technologically) will better persuade the fact finder intellectually.
PowerPoint is a simple computer program used to create slides from a series of pre-programed templates. The slides are then projected onto a screen during any manner of public presentation. This technology is extremely well suited for use by attorneys in the court room. To give a PowerPoint presentation, a notebook or other suitable portable computer that can run the program is required, along with a portable projector (as with most electronics, the cost is inversely proportional to size and weight), a portable screen, an extension cord(s) and tape to cover them, and finally a portable "cart" to use when setting up everything.
Of course, to be effective, this powerful technology must be used properly. The worst thing an attorney can do is use PowerPoint as a Teleprompter. PowerPoint should never be used as a virtual note pad where the attorney reads the slides verbatim. The software's pre-formatted slides often result in a prefabricated and standardized look. This in turn leads to a tedious presentation. Another common mistake is to use too many of the preprogramed bells and whistles, called animations. Again, it's so easy to do, that the natural impulse is to make it flashy. Never make this a substitute for carefully crafted content. Use a limited number of fonts, and a standard color palette. The last thing you want to do is to cause a negative emotional reaction by mixing too many fonts, colors, animations, and so forth. Often the jury will come to a conclusion about your presentation (and probably about how they will decide the case) by the time you're on the second slide. Make sure you don't squander the opportunity PowerPoint presents by preparing bad slides, especially the first one or two.
Additionally, don't rush through your presentation. Leave slides up on the screen long enough to create an impact. This will require a minimum of thirty seconds per slide. Good PowerPoint is the same as good oration, i.e., the transfer of emotion from words to feelings. Make your presentation histrionic if you like, but always say only what needs to be said in the most forceful and concise way possible. Also, communicate your theory of the case in a way that conveys that you (not the opposing attorney) are the expert. Endeavor to make your PowerPoint convey this authority to the jury. Finally, convey your content in an emotive way so that the jury sees that you understand the consequences of their decision. Communicate all this in a way the justifies the verdict you want the jury to return.
The Information Age guru, Seth Godin, offers the following five rules for creating good PowerPoint in his ebook, "Really Bad PowerPoint (and how to avoid it)": (1) No more than six words on a slide. EVER; (2) no cheesy images, instead, use only professional images; (3) no dissolves, spins or other transitions; (4) sound effects can be used a few times per presentation, but never (ever) use the sound effects that are built in to the program. Instead, rip sounds and music from CDs and leverage the Proustian effect this can have; (5) don't hand out printouts of your slides. (They're emotional, and they won't work without you there). While these five points may be better suited to sales professionals, it is easy to adapt them to the court room. For example, one slide in six words or less that every criminal defense attorney should always include will say "the defendant is not guilty"!
PowerPoint can be used to assist the trier of fact during any witnesses testimony. For example, if you have document evidence, then after you've laid the foundation, and had them admitted, seek permission to publish them. Once granted, display the exhibit on the screen via a PowerPoint slide. Work with experts to develop influential slides for use by them at trial.
Perhaps the best use of PowerPoint is as an aid to your closing argument. Here the slides can be crafted to assist you in explaining the law to the jury. However, rather than simply projecting a verbatim jury instruction, distill the instruction to it's essence. Then use cue cards, trial notes, or your memory, to fill in the blanks while you talking about the slide.
You will also want to use PowerPoint to instruct the jury on the burden of proof. We all know the standard instructions are almost meaningless, or at least not well understood, so think of ways to convey the burden by using pictures. Place the "scales of justice" on the screen, and remind the jurors that their job is to weigh evidence. Next, use a slide with the scales tipped ever so slightly to convey what preponderance is, then one that is fully tipped to show what "beyond a reasonable doubt" might mean graphically. Such pictures will literally "speak a thousand words". Creativity is key here, and will be rewarded many fold by increased juror attention.
The trial attorney should endeavor to use any tool or technology that can give the edge. Used correctly PowerPoint can be an awesome tool of persuasion. Needless to say, the attorney who wins the war of persuasion is the attorney who will obtain the favorable verdict for his or her client. Make PowerPoint an important tool in your persuasion arsenal.
Patrick T. Barone is a sole practitioner devoting his law practice exclusively to drunk driving defnese. He is a member of the National College for DUI Defense, a member of the National Association for Criminal Defense Attorneys and the Criminal Law Section of the State Bar of Michigan, and a Member of the Illinois Bar Association.
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