You have some evidence or an argument that will benefit from video or photos.
Picture the other side or the jury seeing it under the most advantageous conditions.
Now make sure that's how they see it.
If it's for a settlement conference, will you play it on your laptop while everyone watches? Will you project it? Will you send it ahead of time with the brochure of documents? Will it work in their equipment?
If it's for trial, is the courtroom better served with a big projection screen or a scattering of monitors, one or two for the jury, one for counsel, one up on the bench to make the judge feel special? If there's sound, how will that be played?
Will your witness talk during the video?
Do you want to play a part at a time? Pause on a particular frame and talk about it?
Is it easy to replay a particular part you may want to return to? (Never make your audience wait while you rewind.)
Are you comfortable running the A/V equipment while the jury watches? Would you rather have help? With or without help, did you rehearse? Did you rehearse again?
If the judge rules parts of it in and parts out, are you ready to play it when you want, with his edits?
More show business: What happens to the playback equipment before and after the presentation? Will you break to take it away? Leave a freeze frame on the projector while the case continues?
Q: Did you rehearse?
Mr. Defense: Asked and answered. Move on, counselor.
Q: You may answer, if you know.
Showing posts with label settlement brochure. Show all posts
Showing posts with label settlement brochure. Show all posts
Thursday, June 16, 2011
Monday, April 18, 2011
What they don't teach you in law school: Multiple uses for video footage
You have your producer shoot the scene, the plaintiff's current condition, experts' statements.
This raw material can be the edited six ways from Sunday into video for the settlement brochure (Scare the Insurance Company, I call it). It's one thing to acknowledge in dry prose, yes, she has limitations on ADLs. But seeing someone struggle to get a spoon to her mouth or lie quietly while someone changes his diapers, that's an order of magnitude more effect.
Of course you're getting ready for trial. One of my client firms makes that explicit. We prepare every case for trial. Like hip hop gangsters who leave their shoes untied to show they're not going to run away if there's trouble, they're ready. So the same footage can be edited into admissible demonstrative evidence.
You're also ready to try this case in the press. One huge class action had me produce clips that ended up on the CBS Evening News and were played to US Congressional hearings. Other edits were used for a road show to recruit plaintiffs for the class.
Maybe you don't need all these for every case. But the marginal cost and effort to have it in the can is nothing. You may never have to draw your weapon, especially if the bad guys see you have one.
This raw material can be the edited six ways from Sunday into video for the settlement brochure (Scare the Insurance Company, I call it). It's one thing to acknowledge in dry prose, yes, she has limitations on ADLs. But seeing someone struggle to get a spoon to her mouth or lie quietly while someone changes his diapers, that's an order of magnitude more effect.
Of course you're getting ready for trial. One of my client firms makes that explicit. We prepare every case for trial. Like hip hop gangsters who leave their shoes untied to show they're not going to run away if there's trouble, they're ready. So the same footage can be edited into admissible demonstrative evidence.
You're also ready to try this case in the press. One huge class action had me produce clips that ended up on the CBS Evening News and were played to US Congressional hearings. Other edits were used for a road show to recruit plaintiffs for the class.
Maybe you don't need all these for every case. But the marginal cost and effort to have it in the can is nothing. You may never have to draw your weapon, especially if the bad guys see you have one.
Sunday, April 17, 2011
Settlement video, no rules of evidence, no limits
Settlement video is part of a settlement brochure. It can be a day in the life or a heart-wrenching testimonial to a now-blighted life.
If your video is going to court, it's restricted by the rules of evidence and the wishes of whatever judge you drew to try your case.
Video for settlement has neither of those constraints.
Granted, your audience is going to be flinty defense counsel and gimlet-eyed adjusters who've seen everything. But even professionals, who assure themselves that this inflammatory stuff will never get admitted, are not entirely rational. And that's part of the edge that settlement video can give you.
Maybe my most powerful settlement video was my first one. The plaintiffs had a newborn who should have been healthy but obstetrical mistakes gave her a short, painful life. My clients had video and photographs of the likable parents getting ready for their first child. The nursery was ready, there was a "Welcome Home" sign outside. I had home video of the baby in the NICU, with life support tubes, being rocked by her mom, while mom sang "Jesus Loves You" and "Que Sera, Sera".
The video I made with this made me cry. It made almost the whole small law firm I made it for cry. For all I know, the defense cried too, because they settled right away when they got it with my client's increased demand.
The video would never be admitted in court, but it showed the devastating emotional power of the case in way that was impervious to rational resistance.
Settlement video can lay out the facts and theory of a case, the logos, and/or succeed with pathos.
If your video is going to court, it's restricted by the rules of evidence and the wishes of whatever judge you drew to try your case.
Video for settlement has neither of those constraints.
Granted, your audience is going to be flinty defense counsel and gimlet-eyed adjusters who've seen everything. But even professionals, who assure themselves that this inflammatory stuff will never get admitted, are not entirely rational. And that's part of the edge that settlement video can give you.
Maybe my most powerful settlement video was my first one. The plaintiffs had a newborn who should have been healthy but obstetrical mistakes gave her a short, painful life. My clients had video and photographs of the likable parents getting ready for their first child. The nursery was ready, there was a "Welcome Home" sign outside. I had home video of the baby in the NICU, with life support tubes, being rocked by her mom, while mom sang "Jesus Loves You" and "Que Sera, Sera".
The video I made with this made me cry. It made almost the whole small law firm I made it for cry. For all I know, the defense cried too, because they settled right away when they got it with my client's increased demand.
The video would never be admitted in court, but it showed the devastating emotional power of the case in way that was impervious to rational resistance.
Settlement video can lay out the facts and theory of a case, the logos, and/or succeed with pathos.
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