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Graphics Update: Frequently asked questions about graphics
The Advantage: 12.04: V.1, 3rd edition
1. Aren’t graphics expensive?
Good visuals can be used in every phase of litigation: to help illustrate your arguments brief or motions, to clarify your case strengths for the mediator, and/or to send a message to the opposition that you are serious and ready for trial. A single visual that clearly explains your case may save your client money by assisting in settlement, persuasively arguing for summary judgment, or arming jurors with the tools to advocate your side of the case during deliberation. The cost of graphics is a fraction of the expenditures made on the road to trial, and pales in comparison to the benefit of using them.
2. Won’t jurors think I look too “slick” if I use graphics?
Graphics help explain your case to the jurors, which makes you look more professional and your client look more credible. Demonstratives that communicate the message, no matter how “slick,” have a significant, positive impact on the perception of the attorney and his/her case. In all of our mock trial testing and post-verdict interviewing, we have not heard a single juror criticize the “slickness” of a chart that presented the information in a way that helped jurors understand the case. In fact, we have learned just the opposite – jurors have become accustomed to, and expect, the types of graphics that are seen in USA Today, on CNN, and on local news programs, which are often more “high-tech” than any visual aids you will use at trial.
3. Why not just write on a flip chart?
In a study done by the Demonstrative Exhibit Specialists Association conducted at DOAR in New York, presenters who used the typical black and white blow-up were shown to run the risk of lower perceptions of credibility. Studies show that color visuals are twice as persuasive as visuals in black and white. While the interactive effect from using a flip chart can be beneficial, if the information you’re writing on the flip chart is critical to the case, time and care should be taken to present it in away that is graphically memorable.
4. Can’t my witnesses just present the evidence?
Witnesses are vital to getting your story across, however, after three days only 10% of information delivered verbally is retained; while only 20% of visual information is retained. However, when both the visual and verbal mediums are used, jurors retain 65% of that information after three days. Thus telling and showing jurors your case is six times as effective as simply telling your case to the jury through witness testimony.
5. My expert made a lot of charts, shouldn’t I just use those?
Often the charts in expert reports, while factual and informative, lack the persuasive appeal necessary to move the layperson in the desired direction. Most expert charts are either in black and white (which are not as effective as color) or more importantly do not communicate a simple, coherent message to the jury. Rather, expert charts do what they are supposed to do – chart complex information. Expert charts should be used as the foundation for graphically designed demonstrative exhibits that effectively communicate the expert’s conclusions in a way that can be understood and retained by the jury.
6. I’ve never used Tsongas for graphics before, why should I start now?
Many attorneys rely on their assistants and paralegals to create their demonstrative exhibits. While technology has enabled many people to create demonstrative exhibits, it is important that a person trained in persuasive communication and the principle of design play a role in the strategic conceptualization of any chart. Creating a persuasive graphic is more than simply entering text and data for charts in PowerPoint. A trained consultant and design team can ensure that your themes and trial strategy are effectively communicated in your demonstrative exhibits.
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