presentation at the court

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Resources and information all Self-reps need.

15 skills for effective presentations in court.

Representing yourself requires a certain skill set. We’re providing you with a set of 15 skills that you need to be persuasive in presenting your case. Keep these in the back of your mind throughout the process and you’ll be ready to rock the courtroom.

Part of the benefit of working with The Family Law Coach is that we can provide you with the assistance you need to gain these skills before and during the process. When you’ve gone through this list, check out the Services offered by The Family Law Coach to see how we can help you help yourself.

Skill 1. Telling the judge why you’re in court, and what you want, in just one or two sentences.

Many self-reps feel that finally being in front of a judge gives them the chance to “tell my story” and get a whole lot of grievances and complaints off their chest. They want to vent about all of the injustices and wrongs done to them and how bad the other party is. The judge may look interested, but is this effective? No.

Just because a judge is being patient, and waiting until you get to the point, doesn’t mean he or she is agreeing with you. They’re working hard to pull out the relevant details to help them make a decision. The harder the judge has to concentrate to get the information he or she needs, the more difficult it is to make a decision in your favour.

You need to be concise and practice the skill to put your complaints aside and deal with only 2 questions: Why are you here? What result do you want?

Make sure to take the time to rehearse the answers to each question so you can state your position in a loud and intelligible voice. Here are some concrete examples.

“Judge, I’m here to change the access arrangements from the existing order to the terms set out in the schedule attached to my notice of motion. Essentially I’m asking for a more flexible arrangement than the one now in place.”

“Your Honour, I’m here because In lost my job 6 months ago and the best new job I could get pays less than what I was earning when I agreed to child support of $879 per month. I need an order for reduced support payments, but my former wife won’t agree.”

“Judge, my former wife is asking that she be allowed to move to a different city because she’s planning to marry her boyfriend who lives there. But that will have a disastrous effect on the time the children and I have together and the nature of our time together, and I’m opposing her request for that reason.”

“Your Honour, my former partner has been interfering with my access to our children by making last minute changes in arrangements to suit her/his convenience without consulting me, cancelling visits unilaterally, and generally refusing to comply with the terms of our access order. I’m asking that she/he be found in contempt and that the order require that the terms be complied with or the residential arrangements for the children are to be changed to me.”

In each case it took only 2 sentences to give the court a good idea of what the matter is about, both side’s positions, and your suggested solution.

This is called the Tim Horton’s Pitch: what you tell the person in line for morning coffee when they ask what you’re doing today so you can be finished before it’s their turn to order.

But more than simply being brief, it shows that you respect the system and the court’s time by being clear and to the point. So long as what you say is truthful and supported by the evidence, it shows that you’re a trustworthy person to whom the judge should pay attention. It’s a terrific way to be effective.

Skill 2. Practice, practice, practice

It’s not easy to get the reason you’re in court into just a few, clear, sentences. It takes practice. Thinking that you can ad lib this when the judge looks at you to speak is a big mistake. Good lawyers take lots of time to get their case into the important first few sentences. They try doing it different ways. And they practice saying it out loud.

Some of us convince ourselves that we know our case so well that we don’t need to practice anything. Others convince ourselves that our matter is so complex and involves so many details that we can’t get it into a couple of sentences. We think the judge needs to hear everything in order to understand what the case is about. And some of us convince ourselves we’re just no good at talking on our feet and we won’t be able to tell the court what we want it to know.

That sort of thinking creates mental blocks that hold us back. One trick to overcoming this is practice.

Write down what you want to say. Read it over and change it to what the judge needs to know. Try different ways to present your case to see what works best for you. Then shorten it until you get what the judge needs to know into 2 -3 sentences.

Write down whatever you want to say in point form. Make each point only one or two sentences. Re-arrange the points into a logical sequence. Look at what you’ve written for each point and see if it can be shortened. Then practice saying it out loud in front of a mirror or to someone you trust and can give you feedback.

The more you practice the easier it will be to tell the judge, and the more comfortable you’ll be in court. Pro athletes practice before every game. So should you.

Skill 3. Avoid the nasty

Personal attacks hurt your case. You may be tempted to put negative things about the other party in your material or presentation, but you need to be able to resist that temptation.

Spending time to complain about the other person and all the nasty things that they did hurts your case. If it’s not relevant, you’re wasting the judge’s time and making it harder for him or her to understand the important information. If you turn off the judge with your whining and complaining, he or she might miss hearing the important things you have to say.

If, however, the conduct of the other party is really relevant to the issue, make it clear why the information is important to the judge’s decision. For example, if the behaviour shows that the other party says inappropriate things front of the children, or if he or she acts without judgement.

Making things relevant to the issues the judge has to decide, instead of leaving them as a personal attack on the other person, makes your comments far more powerful and effective. Judges don’t like hearing negative personal attacks.

Skill 4. Writing in an clear and logical way

Much of the key work in creating an effective case is done before you stand up to speak. It’s in the written material the judge reads in the file. What you write and how you write it is the first step in showing the judge why the court should give you what you want.

Are you able to set out your story, what you want, and why you should get it, in a clear and understandable way? You need to be able to organize what you need to say in a way that makes sense to the judge. Just like what you say to the judge when you’re speaking, what you say to the judge in your writing needs to be clear and easy to understand.

The key to good legal writing is re-writing. Go over what you’ve written and then ask yourself: “If a stranger didn’t know anything about my case would they get a good idea of what it’s about and why they should agree with me, or would they find parts of what I’ve written confusing? Will they get my point? Is what I’ve written difficult to read or easy?”

Then start over and re-write everything. Show it to someone. Ask them to help you be more clear and focussed. Remember why you’re writing the document – it’s not to get everything of your chest, it’s to give the judge the information he or she needs to understand what you’re asking for and to encourage them to give it to you.

If you can do this, you’ll find your written material to be a really effective way of getting a judge to want to help you, even before your case is called.

Skill 5. Gathering the relevant information and staying on top of the materials you need

You may have to gather information as part of your case. You may need to get correct bank statements to show what money was in different bank accounts, or account statements to show the value of investments or RRSPs, at key dates. You may need copies of Insurance policies or property ownership papers, or tax and utility bills. Perhaps you’ll need information from your employer or doctor.

They key to gathering information effectively is to create a list and check it off as it’s collected. Keep it in one place and keep it organized and you’ll be good to go.

Skill 6. Being Organized

It’s important to be able to organize your material. Do you have the various exhibits and supporting material you need to support your story? Can you collect the documents and evidence you need to support your position? Can you put your material into a sensible and organized structure?

If you can do this, great. If that’s not what you do well, ask a friend or family member to help you organizing everything. Taking the time to organize your materials helps you to organize your case and present it to the judge in an effective way.

Skill 7. Being a good researcher

In some cases a bit of research is needed to collect the information and evidence that supports your story. You may also need to gather legal information. Will you be able to do your own research? Do you know how to do it?

Skill 8. Being on time and knowing how to wait

Court matters are filled with deadlines. Are you able to get your papers filed on time and show up in court when scheduled?

Do you have the time to get to the court office and to get the information you need? Are you able to explain what you want and do you have the patience, if needed, to go from one court office to another until you get it?

If you’re late submitting documents or in showing up to court, this could have a very serious impact on your outcome.

It’s not uncommon for a self-rep to find that they’ve gone to the wrong counter or wrong office are in the wrong line or have the wrong papers with them. It’s important that you recognize this at the beginning, give yourself lots of time and have patience.

And patience is an important thing to bring with you whenever you have to deal with the court offices. Often the lines are long. Give yourself lots of time. The family court process is going to have a long-term impact on your life and it’s worth taking extra time so you can avoid being late.

Skill 9. Paying attention to detail

Are you able to pay attention to detail? For example, before beginning to fill in a blank on a form do you read the instructions to be sure you’re filling it out properly? Have you attached all the documents you refer to in your materials? When you refer to a section of some legislation, have you checked to be sure you’ve got the right number and reference?

If you’re missing any details or fill out a form wrong, it will be harder for the judge to rule in your favour. So it helps your case if you’ve been careful about everything before you file it with the court office.

Skill 10. Understanding the appropriate Guidelines that affect your case

Have you looked at the Child Support Guidelines or the Spousal Support Advisory Guidelines to be sure that what you’re saying about them is accurate? Have you checked out the sections you’ll be referring to and do you understand them?

There are guides available for each the Spousal Support Advisory Guidelines and the Child Support Guidelines. Read and understand them. It will help you be effective in presenting your case.

Skill 11. Distancing yourself

There’s a phrase in legal circles: “A lawyer who acts for himself has a fool for a client.” It means that the best person to represent you is someone who isn’t emotionally connected to your case. As a self-rep, you’re acting for yourself, so of course you’re emotionally connected.

So the skill here is to be as objective and realistic as possible. Be practical and rational instead of emotional. You can only be effective if you’re not all worked up about the case. This isn’t easy. But it’s important. Can you do it?

Try to look at the case from the perspective of a person who doesn’t know you and doesn’t know the other party.

Acting rationally includes recognizing the weak parts of your case and dropping them. This will help you maintain realistic expectations and help you focus your presentation. Think about what stranger would need to know to give you what you want, and if that person would think you deserve it.

You need to be objective about the case and your positions.

Skill 12. Knowing your motivation and remove the destructive elements from your position

Are you motivated to fight so that the other person doesn’t “win,” or get an “easy victory”? Are you motivated by jealousy or revenge? Do you want to punish the other person for what they did to you or your family? Tough. Those aren’t reasons to fight in court and won’t get you anywhere. Do you have the skill to remove these factors from your thinking?

Knowing why you’re really taking your positions will help you shape a more effective presentation. If your positions are motivated by one of the factors mentioned above – re-think your approach. At least, re-frame it so that you can present a more positive position that will get you the results you want.

Skill 13. Separating money issues from the kids

Do you have the skill to consider what’s best for the kids even if that means getting less money, or paying more money, than you wanted?

Not everyone is able to admit when continuing the fight will be harmful to the children. Can you put their interests ahead of yours?

Very often that’s what the case comes down to, and you’ll do better if you recognize this before a judge does.

Skill 14. Standing up to a bully

Are you able to stake out a reasonable position and stick to it despite threats and bullying from the other party? First, you have to recognize when you’re dealing with a bully. A bully is someone who uses:

• manipulation
• personal attacks

You may have given in lots of times in the past to keep things together, but do you have the skill now to say enough is enough? A bully knows what sort of tactics worked well in the past and will try to use them against you in court. Can you stand your ground now? That doesn’t mean you need to retaliate. It means maintaining your position and clearly stating that position to the judge.

The interesting thing about bullies is that they get away with their conduct so often that they assume you’ll give in again. If you stand up to a bully, a judge can usually see what’s happening and put that bully in their place.

Often, standing up to a bully starts with just saying “No. Enough. I’m not giving in again.”

Skill 15. Knowing what you’re good at

The truth is that not everyone is terrific at each of these things. Not even lawyers. The trick is to recognize which skills you have and are good at and which ones you need to work on. Keep in mind that that all of us can use some help from time to time and don’t hesitate to ask for it. You may have a family member or a friend who is better at one of these skills than you. See if they’ll help you out. If they can’t, maybe they know someone who can.

Use your strengths as best you can and don’t pretend to be good at something you’re not. Get the help you need so you can present your case as effectively and persuasively as possible.

Unbundled services

If you need help with one of the skills listed above, it’s a smart move to get some assistance – to seek out someone to offer coaching about how to handle yourself, or to get advice about strategy, or some help with preparing the documents you need, or to give you the legal advice you’re missing.

If you can’t afford, or don’t want, to hire a lawyer to take over your case in the traditional full retainer model, then seeking out fixed fee services, also known as “unbundled services” could be the solution you need.

With unbundled services, a lawyer will agree to help you with part of your matter but not take over all of your case. It might be to prepare documents for you or to appear in court for you. Or it might be to spend time with you going over your documents and discussing strategy.

The Family Law Coach

The Family Law Coach provides self-reps with support through a menu of fixed fee services that you can access from anywhere. You can pick and choose the service that makes the most sense to you. You will know what you’re getting and the cost in advance so you can stay within your budget.

No up-front retainer. No need to travel to a lawyer’s office. No uncertainty about the cost.

With just a computer or a phone you access to a lawyer who can provide coaching in the skills you need to succeed in the courtroom.

Check out our Services and choose the one that’s right for you.

See our Directory for a list of other service providers that are providing unbundled services.

We apologize but we are at capacity right now and will be taking new clients September 30th.

The People's Law Library

• How do I...?
• Prepare for Court

Presenting Your Case to the Court

You have prepared your case . The content is ready. Now think about how you are going to present that information to the judge. Also, learn more about courtroom behavior.

Below are some tips for presenting your case to the court.

Understand what will happen at the hearing.

Don’t lie. don’t exaggerate. not even a little., think about your audience., tell the facts in a logical way. tell a story., be brief. know what is important to tell and what is not., present your evidence in a way that supports your story., prepare for the unexpected and remain focused., hold on to your original documents unless the judge asks for them..

• Observe a Real Trial
• Practice, practice, practice your presentation.
• What to do if the other side has an attorney?

Prepare for the way you act when you are nervous.

Before Court: Preparing for Your Day in Court from the Maryland Courts

There will be a judge, Judiciary staff, possibly a jury, and members of the public in the courtroom. Learn more about who will be in the courtroom and courtroom behavior.

The person who filed the lawsuit (the plaintiff) and the person who was sued (the defendant) are the parties to the lawsuit. Both are entitled to appear in court. Both parties can speak and present documents, drawings, photographs, and other evidence as well as witnesses.

• Once the trial begins, the plaintiff can make an opening statement. The opening statement is a general statement of your case.
• The defendant then may do the same.
• The defendant can cross examine the plaintiff at this time.
• The judge may also ask questions.
• The plaintiff can cross examine.
• After the end of a party’s presentation of evidence, the opposing party may make a “motion for judgment.” This motion asks the court to automatically decide the case in favor of the party making the motion because the other party has not met the legal requirements of proving his or her case. If the judge rejects, or “denies,” the motion, the judge will proceed with the rest of the case.
• At the end of these presentations, the defendant, and then the plaintiff, may offer brief closing statements to sum up the case.

After both parties finish presenting evidence and give closing statements, the judge considers everything that was said or offered as exhibits. The judge will make a decision, known as a “judgment,” as soon as possible. In circuit court jury trials, the jurors discuss what they heard.

Judges listen to people tell their stories all day, every day and see all sorts of people. Many people tell the truth, some exaggerate, and some lie. Don’t be fooled into thinking that no one can prove that you are exaggerating a bit. A judge becomes good at hearing any “false notes” in a story. It is the judge’s job to decide who to believe, even if there is no “proof” that one side is lying. The judge is an expert in making these decisions. Don’t jeopardize your case by lying or exaggerating. If you lie on something small, the judge may not believe you when you tell the truth on a key point. Also, you may be given fines or other forms of punishment for lying during your hearing.

In most cases, your audience will be the judge (unless one of the parties asked for a jury trial in circuit court). Judges play a very important role in managing your case.  The judge sets the stage for the case and explains what is going to happen. The judge will also ask questions. When the judge is the audience, remember to speak only to the judge and not the other party.

Judges are people, too. It helps to present the facts in an easy-to-follow framework. Usually this means telling the facts in chronological order (in the order that they happened). It also means presenting the “headline” first -- start by giving the judge a quick summary at the beginning. For example, you might start with “The defendant has not paid me the $850 that she owes me for a dress that I made for her daughter. Here is what happened…”

Not everything that happened between you and the other side is legally important. Everyone’s time is limited. Research the law in your case and make sure all of the legal points are addressed in your story. You can ignore parts of the story that are not legally relevant. For example, you may not want to tell the judge that you and the other side ”go way back” or that you babysat her daughter or that she has not paid you for other bills that you did not include in this court case. You can tell a more complete story later if the judge asks you to but start with proving what you need to prove under the law.

Don’t wait until the end of your story and then shove a bunch of papers at the judge. Organize and label the documents that you want to submit to the court. Put the documents in the order that they support your story. Mention the documents in order. When you mention a fact supported by a document, offer copies of the document to the judge and the other side. Make sure to bring enough copies for both the judge and the other side.

Be prepared to answer at least 5 questions about your evidence: WHO, WHAT, WHY, WHERE, WHEN and HOW. For example, if you are submitting a signed contract into evidence, be prepared to tell the court that you and the other party signed it on a certain date in a certain place.

• Each piece of evidence is called an “exhibit.” 
• Submit your exhibits to the court by “moving” that they be admitted into evidence after you have explained the evidence by laying the proper foundation. A plaintiff may introduce an exhibit into evidence by saying something like, “Your Honor, I move that Plaintiff's Exhibit 'A' be introduced into evidence.”
• Be prepared to admit into evidence any documents describing the extent of the claim, such as repair bills.

If one party does not submit evidence correctly, the other party may “object” and provide the legal rules for doing so.

• A party may object immediately after the other party’s statement by saying, “Your Honor, I object.”
• Then, the party objecting must provide justification.
• The judge will then either “sustain” the objection (which means that the objection is correct) or “overrule” it (which means that the judge does not believe the objection is correct).
• It is important to state an objection whenever necessary because if there is no objection, then the party may lose the right to appeal that issue. 

What is the worst that the other side could say? What are the weakest parts of your case? Prepare for the other side to try to prove these. Don’t wait until after the hearing to say, “I should have said…” First, decide if the worst that the other side can say is legally relevant. If it is just a complaint about you, ignore it. If there is a weakness in your case, prepare by deciding how you will respond when they bring it up. Practice what you would say and ignore the emotions.

Only you can keep track of your documents. Your documents can be evidence in your case. Evidence could be any documents, such as receipts, photographs, contracts, or letters that support your claim. It can be easy to lose documents. Keep the original documents in your file. Give copies of important documents you plan on using as evidence to the court. Only pass along the original document if the judge requests it. Make sure you have a copy to keep for yourself and for the other side, if needed.

Observe a real trial.

In most cases, court proceedings are open to the public. If possible, take a few hours to sit in on a case to get an idea of what happens during a trial.

Tips for Your Day in Court from the Maryland Courts

Practice, Practice, Practice your presentation.

Once you start, your story will flow easily, especially if you have a few notes in outline form and your documents are organized in the order you plan to mention them. Indicate on your notes which documents you have to prove which point. You may want to number your documents to help you keep track of them.

Put your notes on index cards or write them out in advance on a paper pad and bring this with you to your hearing. It is better to have a few key points written down than a “script” with every word you want to say. Remember that the judge will not have a script nor will the other side. You know your story. You just need a few reminders to make sure that you make all the necessary legal points.

If you are the plaintiff (the person who filed the complaint)…

• You will speak first.
• You will need to tell the judge your story.
• Remember, there are certain legal elements that you must prove.
• It may be useful to have the first few sentences written out in full and then to practice these in advance. This will help get you started.

If you are the defendant (person who was sued)…

• You will speak second.
• The other side will have laid out a series of facts. You do not have to repeat these facts. Assume that the judge heard and understood the facts, even if you do not like the way the other side said it.
• Focus your comments on your defense.
• Do not dispute every little issue -- focus on the most important points.
• Prepare yourself by looking at what the other side had to prove. That will help you determine which points are worth disputing.
• Don’t memorize answers to questions you expect to be asked. It will show and seem unnatural.  Others may not believe you. Also, you may forget what you planned to say.

If you plan on calling witnesses,  make a list of questions that you plan to ask your witnesses. If you can, practice with them so that you are not surprised by what they say at the hearing. However, remember that court testimony is given under oath, and you and all witnesses must tell the truth.

Practice in front of a trusted friend. If you can, pick a friend who has not heard you talk about your legal issue. It may be helpful to hear the comments of someone who is new to situation. Before you begin, tell your friend what you must prove (legally) or what must be proved against you. Then ask them to listen only to what you say and what your documents or witnesses can show. Ask them to forget anything else they know about the situation.

Give your friend a copy of the complaint. Ask them to give you harsh and unbiased feedback. Specifically:

• Did you tell or show them enough to persuade them that your version of the story is the more correct one?
• What areas that they find weak or unclear?

Based on their feedback, are you making assumptions about what the judge might know about your case? Do you need to provide a better “map” to help the judge follow the legal elements that you need to prove? The judge will be looking for certain information. Make it easy for the judge to see the important parts of your case.

What if the other side has an attorney?

Don’t Panic. If you have put together a good case, there is no reason why you should not be treated fairly by the court.

On the day of the hearing the most important person to control is you. Be polite. Attorneys can sometimes be intimidating. If an attorney appears to be angry or treats you poorly, this might just be part of the negotiation. Continue to act politely and say that you will be happy to attempt to settle the case, but you will not respond to attacks. You can complain to the judge if the attorney goes too far. But remember that the attorney is likely to appear before the judge more often than you do. Try not to be too sensitive but only complain if the attorney’s behavior is consistently bad. If you choose to complain, use a concrete example, and remain calm.

It is important to stay calm when in court. However, appearing in court is a cause for anxiety, even for seasoned attorneys. Prepare for the way you act when you are nervous.

Know what to expect.

Read all the information about the court on this website and the Maryland Courts website. If possible, plan to take time off and go to court. Figure out how to get to the court, and plan for any security requirements and restrictions. Watch other cases in the court for an hour or so to see what happens. Ideally you should find out when the same judge assigned to your case will be sitting on the bench or the same type of case as yours is being heard. Take notes. Watch carefully to see what works and what the problems are.

Have your papers ready to present.

Nothing makes you more nervous than having to sort through your papers to find the one receipt that will prove your case. Eliminate this cause of stress by organizing your documents.

At least 2 days before the hearing, find all your documents. Make at least 2 copies of each document. Attach the copies to the originals with paper clips. Stack the papers in the order that you plan to mention them in your story. You may even want to number each document. Put them in a file folder and label the file folder. Add your notes. Maybe use a binder clip to hold the documents together and attached to the file. Put the folder by the door or in your car so you do not forget it.

Plan to arrive early.

Rushing in the door makes everybody (even attorneys) nervous. Make sure that you do not have this extra pressure.

Once you are prepared, think about something else.

Once you have done your best to prepare, force yourself to think about something pleasant. Think about your upcoming vacation. Think about your sister’s birthday party. Think about the joke somebody told you yesterday. Thinking about other topics will help you to remain calm.

If you can’t stop talking…

• Use notes on what you need to say.
• After the key points, add a note to yourself that will say STOP.
• When you see the note, stop talking and take at least 2 deep breaths.
• If someone asks you a question, answer. Otherwise, wait.

If you get tongue-tied…

• Write short reminder notes to yourself (not a script).
• Review your notes before walking into the courtroom.
• Practice saying the first few sentences.
• Practice telling your story aloud until it is very familiar (do not memorize a script).

If you lose your focus…

• Write up short reminder notes to yourself in advance about the key points in your story.
• Look at your notes periodically.
• Type or write your notes in big letters, or bold/underline key words.

If you talk too fast…

• Write a bold note to yourself that says “SLOW” in my presentation notes. Put this note after your first 2 key points.
• Force yourself to stop and breathe after the first 4 sentences, whether you need to breathe or not.
• Count slowly while breathing.
• Listen to yourself. Stop talking if you have covered all the issues in the notes.
• Watch the judge’s face. If the judge looks confused, slow down. Maybe say, “I am nervous. Can I repeat anything?”

If you have a dry mouth…

• Arrange to have a drink of water before going into eh courtroom. (Bring a water bottle or locate the bathroom or water fountain.)
• Have a single piece of hared candy under my tongue to help lubricate my mouth when I need it, but be discreet about this. Do not let the candy be distracting.

Is this legal advice?

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site.  In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org . © Maryland Thurgood Marshall State Law Library, 2024.”

How to Develop and Present Visuals in the Courtroom

Join me as I talk tips for upping your trial performance. I’ll cover all aspects of the trial, including jury selection, opening statements, direct witness testimony, cross-examination, closing arguments, jury instructions, and verdicts. Discussions are welcome in the comments section.

— Tad Thomas

Whether you’ve been handling courtroom cases for decades or you’re just getting started, it’s important to understand the usefulness of visual aids. With the right visual aids, coupled with good public speaking skills, you can give a convincing and credible presentation.

Creativity is not a skill everyone possesses, so establishing visual aids can be frustrating at times. Any special time you spend developing and presenting courtroom visuals will affect how successful you are to the judge and jury.

Tips for Creating Visuals for Trial

If you don’t take the time to create useful visuals for your courtroom presentation, the jurors won’t understand what’s important, and they will quickly lose focus—which is detrimental for your client. Graphics and animations need to flow with the presentation to help the jurors understand the key facts. To create useful visuals, consider the following:

• Focus and Objective. The most important part of creating courtroom visuals is establishing your objective. Once you can do that, you can prepare material that supports the objective in a simplified and organized manner. You don’t need to go for the “wow” factor when your visuals are easily digestible and purposeful.
• Audience. Who is your audience? Once you can answer that question, you can select the points you want to emphasize, know how to provide a useful level of detail, prepare the appropriate visual aids, and create a tone that is sensitive to your audience’s circumstances.
• Length and Pace. The human attention span is not where we’d like it to be. It’s important to remember that when planning your presentation, the longer you go on, the less likely it is that jurors will remember your key points. It can be nearly impossible to regain the jury’s attention once mental fatigue has kicked in. Judges also appreciate the use of graphics that reduce the length of time required for trial.
• Theme and Simplicity. If you’re presenting a large number of graphics, it’s important to have a common style or look throughout the presentation. When you’re thinking about that theme, consider what the jurors’ expectations might be. You also want to ensure the graphics you’re using to convey key points are simple and appealing. If you put too much information into one animation, jurors might not be able to follow along. If you’re discussing complex matters, make sure the big picture is clear.
• Consider Colors. For a visual graphic to be eye-catching, it needs to be high contrast. This means that text needs to stand out to the background, as do any animations, sketches, or other graphics. It’s often recommended to use blue backgrounds with yellow text.

Bringing Graphics and Animations to the Courtroom

While we’ve discussed the importance of utilizing demonstrative aids in the courtroom, we also need to consider the possibility of overusing media. By doing so, you could risk losing the direction and personal connection between you and the jury. While your visual aids are important, remember that you can’t build rapport if your face is always behind a screen.

To maximize your media impact, vary the use of your media through the trial. For example, consider using a simple PowerPoint in your opening statement to anchor your key points. During direct and cross-examination, the flexibility of trial presentation applications will let you move from any exhibit or video clip quickly and efficiently.

While poster enlargements and flip charts can seem outdated, there’s something to be said for using them to serve as quick reminders for key terms and definitions. When it comes to supporting your expert’s testimony, this is a good time to bring in high-powered computer animations and graphics. Finally, consider closing with another PowerPoint that will complement the testimony and bring the jurors back to the fundamentals of your case.

Electronic visuals aids can be highly effective for presenting a case to the jury when you know how and when to use them. When it comes to courtroom visuals, the old cliché “seeing is believing” bears some truth. Jurors expect that much of what they encounter will be visual, so you can leverage that expectation with useful visual aids to provide better education and create a bigger impact—one that is hopefully favorable for your client.

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10 Steps for Presenting Evidence in Court

When you go to court, you will give information (called “evidence”) to a judge who will decide your case. This evidence may include information you or someone else tells to the judge (“testimony”) as well as items like email and text messages, documents, photos, and objects (“exhibits”). If you don’t have an attorney, you will need to gather and present your evidence in the proper way. Courts have rules about evidence so that judges will make decisions based on good information, not gossip and guesswork.

Although the rules can be confusing, they are designed to protect your rights, and you can use them to help you plan for your court appearance. Even though courts work differently, this publication will introduce you to the nuts and bolts of presenting evidence at a hearing. As you read it, please consider the kind of help you might want as you prepare and present your case.

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Trial Presentation 101: Impactful Courtroom Demonstratives

• Michael Beumer

TRIAL PREPARATION SERIES | PART THREE of THREE

A looming trial or hearing date is no reason to panic. As we have described in PART 1 and PART 2 of our blog series, if your trial team has kept a well-organized and thoughtful document review and deposition process, your trial preparations and courtroom presentation should come together naturally. 

The key to making impactful trial presentations and graphics is not necessarily doing anything novel, but creating a cadence and drawing attention to the key points you’re trying to make. Your review team should have identified most of your key points when reviewing evidence. Organize it so that the most important and clear-cut examples can be easily found by the trial team.  

You must relate the most compelling story possible when your matter is tried in front of a judge, panel, or jury. Here’s how to do it.

★  In Trial Presentation, Simple Is Better

Above all, keep your courtroom presentation simple. Even if you have uncovered a mountain of damning evidence, your job in presenting your case is to tell a simple and clear story. When presenting, don’t overwhelm your audience and don’t die by bullet point. The less clutter on a slide, the more memorable your language and imagery, the more powerful the message will be. 

Once ESI has been reviewed for relevance, only a few key pieces or passages might actually be presented at a deposition , hearing, or trial. Consider how you’re organizing your presentation. 

The bullet points you use should be descriptive but succinct. Your timeline should be clear and easy to understand. Use charts, quotes and visual images to draw the viewer in and tell your story, not just illustrate a chronology. As discussed in our Taking Depositions post, a timeline not only organizes your evidence, but helps find patterns to define and accentuate your story. 

★  Timelines in Trial Presentation

To ensure your courtroom presentation is on point, use analytics to see date ranges and help determine your starting and ending points. Metadata can sort evidence by date so that you can organize it in a timeline view and can see patterns over time. 

These timelines are functional, but they can also be given to a professional graphic designer who can create a simplified, polished timeline slide for presenting in court. ( Reach out to Nextpoint for help with your trial graphics.)

Once your trial team and creative team understand key themes, the timeline becomes a roadmap or case brief. It will help set the stage for the audience and identify your cast of characters. Just like a good novel, consider the conflicts. Consider the rising action that brought conflict in the case. Then help lead the audience to a logical conclusion.  

One of the most difficult questions is how to manage complex electronic data. Data is an important part of most litigation today. The aim is to create custom graphics to complement the data and make it more digestible for a judge, arbitration panel, or jury to follow. 

Alternatively, you can employ a true exhibit presentation platform (such as Nextpoint, Trial Director or OnCue) to present data using callouts to make the data or financial information easily comprehensible. 

★  The Tools of the Trial Presentation Trade

As you receive designations from opposing counsel, organize them side by side with yours. In Nextpoint, reporting features allow you to discover what designations have been made. You can also see if there are any discrepancies and any objections you might raise. Issue tagging and coding in review will help make your key points and themes clear. We pointed that out in our recent post  on trial preparation.

In addition, you can view designation types and search across all depositions easily. This means information can rise to the top so you can have a vertical view to leverage transcripts of depositions . This is especially useful for MDLs or large scale litigation which may involve depositions and evidence from other jurisdictions or matters. 

If you’ve done this work ahead of time, creating final exhibits will be much easier. In fact, many of our clients will run presentations from their trial database . Simply call up documents and video as needed and replay important designations or clips. 

Callouts make great visuals. But professional designers or a good slide template can make even more powerful presentation materials. 

Modern trial databases are great tools for organizing and presenting your case. But we also believe in old-fashioned courtroom presentation materials. As courts go back to in-person meetings, a mixed media presentation should include digital exhibits on your presentation platform. You can also include a poster board that you can point to in the courtroom or arbitration room to hammer home important points. 

★  Want to Learn More?

Check out Parts 1 and 2 of our Trial Preparation Series:

• Trial Preparation 101: Strategies for Building Winning Arguments outlines the strategic aspects of trial planning
• Taking Depositions: Preparation Strategies for Attorneys   explains how to get the most out of your depositions and manage them alongside the rest of your case

And download our comprehensive eGuides on case building and deposition prep

If you’re looking for help with your courtroom presentation or any part of the litigation process, please reach out to the experts at Nextpoint . We can help you create custom graphics for your presentation, provide assistance in person when you go to trial, and so much more.

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• Trial Presentation
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8 Benefits of Trial Presentation Software

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Home » Thought Leadership » 5 TIPS FOR A GREAT TRIAL PRESENTATION

• July 6, 2021

5 TIPS FOR A GREAT TRIAL PRESENTATION

When you enter a courtroom, you want to believe that the person with the best argument will walk away with a verdict on their side. Although this is generally true, a great trial presentation can help sway the outcome of a case. There are a plethora of psychological studies that demonstrate that people think in pictures. So what does that mean for your trial presentation?Most importantly, it means that people will conjure up their own images unless you can provide one for them. It’s important for jurors to come away with the same information, even when your presentation has been filtered through personal beliefs and biases. Modern television has also influenced the way jurors think about the court system, and many come into court expecting photographic evidence and 3D recreations. Of course, each case is different, but the following tips can help you present compelling visual evidence at trial:

1. Be the person who does the simplification

Don’t give your audience room to draw incorrect conclusions. Although you can leave some room for interpretation when necessary, especially when you are legally unable to spell things out for the jurors, it’s still important that you are the person who connects the dots for your audience. This ensures that everyone is on the same page, and can help bring people together in agreement with you when the jury retires for deliberation.

2. Reinforce specific themes

There will be places in your presentation where you have the opportunity to make important points through your use of titles. Slide and presentation titles are much more interesting when they pose a question, make a statement, or reinforce a theme.  For example, “Timeline” and “Personal History” are weak titles and underutilize one of your best opportunity for imprinting themes and posing questions. Instead, consider using a title such as “What Were John Doe’s Motivations?”, which poses a question that your audience knows you will answer. Luckily, because titles are easy to change, you’ll be able to swap things out on the fly, even if a judge objects to a title you’ve chosen.

3. Enhance your presentation by cutting the copy

Keep your bullet points short and your slides sparse. Although visual impact is an important part of your overall presentation, you should have minimal words on the page. You don’t want your audience to be distracted as they try to read ahead or catch up. Don’t read verbatim from the slides. When you keep your sentences short and simple, you also remove the temptation for yourself!

4. Assume a short attention span

Plan to lose everyone’s attention. Of course, ideally your audience would be rapt the whole time and hanging on your every point. However, it’s best to assume that you need descriptive graphics to keep people tuned in. Graphs, 3D animation, photos, sketches and other visual elements, are much more interesting than plain text.

5. Play to your audience

Finally, you should always try to play to your audience. Consider who they are, and their interests, beliefs and biases. Craft your argument with a specific type of person in mind. The jury is not made up of blank slates. You must consider what kind of evidence your audience can grasp, and provide visual images and contexts familiar to them.

When your presentation is well practiced and well structured, you’ll deliver a common visual experience for those in the courtroom. When you control the visuals, you can guide and shape the narrative to better bolster your own case. Visuals also enhance the ability of your jury to retain case facts and essential information. A great trial presentation can turn the tide of a case by crafting an overarching story that is most beneficial to your client.

For more information on trial presentations, or for help creating some of the compelling visuals we’ve discussed above, reach out to our Trial Presentation department at (800) 889-0111.

If you have questions on any of our services, please don't hesitate to get in touch with us.

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