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A2L Webinar Notes – “Winning Your Case Before Trial Using Persuasive Graphics”

by merlin on July 29th, 2015
  • Sumo

A2L Webinar – “Winning Your Case BEFORE Trial Using Persuasive Graphics”

Webinar – July 29, 2015


Two-Track Litigation Plan

Juries tend to find two facts very interesting or important, and tend to organize their cases around those two facts.  The lawyer should do the same.

Storytelling for Litigators:

  • REMEMBER: Dealing with HUMAN BEINGS, so tell a story, because SOME STORY will emerge (so better to control the story that does emerge)
  • Scientific Study: Same areas in the brain-scans of subjects (listeners and speakers on same story) light up.
  • Effective storytelling: Use sensory language wherever possible, because the brain does not interpret it as mere NOISE.
  • Engage listener as a PARTICIPANT (not a mere observer) of what you are saying, and do it BEFORE the trial, if possible. You want the story to be consistent for them over the course of the encounter.
  • Don’t tell HOW it happened as much as the WAY it happened.

Must be a VISUAL component as well (studies show vast majority, more than 61%, learns visually)

  • Just relaying information alone is not enough.
  • 2011 Broda-Baum Study: No graphics vs. flipchart vs. static graphics vs. IMMERSIVE graphics (graphics are moving, dynamic)
  • Only the last one provides advantage to retention
  • Not enough to make powerpoint slides and leave it alone
  • Putting everything on slide word-for-word decreases effect of what you are saying (redundancy effect); it actually DECREASES retention and memory
  • Do not use BULLET POINTS (you want to avoid text-heavy stuff)
  • Look at a classic Bill Gates presentation versus a classic Steve Jobs presentation (if users are spending time reading your graphics, not necessarily LISTENING to you); presentation needs to LOOK pricey and well-done, but avoid cost(duh)
  • Professor Edward Tufte (Yale) – study that looked at a mere list of data versus the graphical depiction of same date, presented to NASA for the Challenger disaster; the graphical depiction is MORE PERSUASIVE
  • The presentation showed a timeline they composed versus one their client had done, involving a trademark infringement case, and the VISUAL depiction of the timeline shows the clear infringement, as opposed to the TEXT timeline.
  • They did a VIDEO that was labelled, showing the stuff in PLAIN LANGUAGE (winning with visual evidence)

When they did an information-comparison (powerpoint versus their own version), the PowerPoint was a text-based presentation (ineffective) versus their GRAPHIC version (effective)


  • Showing the visual demonstrative:
  1. Tells the other side how much they are going to spend on this case;
  2. Tells the mediator WHO IS GOING TO WIN THE CASE

Tell the story graphically and in a short format!!!

“People will forget what you said, people will forget what you did, but they will never forget how you made them feel.” – Maya Angelou

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