(1) It’s okay to ask your videographer questions. Ask to look through the camera and make sure you like the way the witness is framed in viewfinder. Keep in mind how you would like it to look while playing on a large screen in court. Avoid having objects, especially large ones, in the foreground. Check the background. If it is a portable screen, make sure the ENTIRE screen is in the frame. If no screen is used, avoid backdrops that are distracting like windows, mirrors, reflective glass in picture frames, doors, or credenzas where refreshments for the room are accessed.

A misplaced portable screen creates a distraction for the viewer, taking attention away from the testimony and focusing it on the leather couch in the background.

Distractions in the extreme—make sure that nothing sits between the camera and the witness.

(2) TEST THE AUDIO. TEST THE AUDIO. TEST THE AUDIO. Insist on the best microphones your provider has to offer. Make sure they aren’t hidden under lapels or obstructed in any way. Choose a room that is free of chiming wall clocks, passing fire engines, nagging speakerphone interruptions, squeaky chairs and other external sources. (We have even seen birds ruin deposition video!) Remember also if you are typing on a laptop, this can often be picked up on the audio. This goes for blackberries and phones too. Turn them off if you can stand it. Wireless devices can create interference that is very annoying during playback. If you need to whisper to your associate during an examination, remember you are miked. The potential for embarrassment here is huge.

(3) Whenever possible, rehearse with your witness on video prior to the deposition. You can be very surprised with the result. One of my most dreaded courtroom  moments was telling my client his expert had picked his nose throughout the video they designated for playback in court. Mannerisms and wardrobe choices can play a big part on video. A safe choice is to wear solid colors. Avoid reds, small patterns or loud stripes or prints. Shiny accessories can also create problems.

(4) Objections and side bars. This may sound obvious, but pay particular attention to not speaking over others and caution others who do. Not only will the court reporter adore you, it will ensure your best chance at a cleanly-cut video.

(5) Technical FAQ’s. If you intend to use a trial technician to edit and play your videos in court, the standard format for video is MPEG-1. MPEG-2, which is higher quality, is now an accepted standard too. Ask for your videos in one of these formats, it will save time and money. Also be sure to get the digital transcript from the court reporter. Your tech will need an ascii or a .ptx (E-tran) to synchronize the video to the transcript. “Synchronization” of videos allows for quick editing capabilities in court, instant (almost!) access to random page/line in a video and scrolling text during playback.

• PowerPoint slide shows can shift focus to the presenter rather than the content of the presentation. The suggested structure of bullet point lists with multiple size fonts and indentions can distract the viewer and cause them to become preoccupied with the layout and seek it’s linear progression from slide to slide.
• The nature of the software encourages cryptic bullet points. Don’t be lured into thinking these are effective. Bullets are generic, and often times overlook critical elements of grammar that are necessary to enforce relationships between facts or to make assumptions. Don’t confuse simplicity with a diluted message. Studies have suggested it takes 50 PowerPoint slides to generate the same amount of text found on one page of a Physicians Desk Reference. Consider handouts whenever possible.
• Templates and the software’s own default settings facilitate poor use of typography and charting features. The application provides many features such as transitions and animations that create additional distractions to your content. Bullet point strip-tease acts, block dissolves and poor choices in clip-art, type and color can only make the bad, worse.

The overbearing slide templates provided standard with Powerpoint make it very difficult for the viewer to decipher and retain your message.

Created by Peter Norvig, Peter@Norvig.com

A good presentation in the courtroom will stay true to the content and message you are trying to deliver and keep the audience focused on the facts. Graphical displays can be used, but sparingly and with specific intent, like teaching or explanation. Being recognized as the one who is promoting understanding in the courtroom will not only bring you credibility, but success.

• show the data
• keep the viewer focused on substance rather than design, technology
• avoid distorting data
• make large data sets coherent
• graphic should serve a clear purpose
• display should be integrated with statistical and verbal explanations when possible

A tasteful color palette can bring clarity and emphasis to your data without overpowering it.

The use of basic design elements, such as color, line and font, can bring structure and relation to large amounts of data, making it easier for the viewer to process visually.

Remember statistical graphics, like statistical calculations are only as good as what goes in them. Don’t try to rescue bad data by producing a fancy graphic.