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Are
you getting the most out of demonstrative evidence/graphics/exhibits
you decide to use in a case? Do you know the optimum
time to plan demonstrative evidence? Are your graphics
designed to be absolutely clear and compelling? Do
you know how to obtain effective feedback to improve
your exhibits? Do you know when to use low tech, medium
tech and high tech demonstrative evidence? Have you
envisioned a trial as a play that needs visual aids
at each stage?
If you have answered one or more questions “no”,
this is the program for you. Designed for attorneys,
paralegals and legal nurse consultants, this session
will assist you to plan effective visual aids, work
with a graphics designer to obtain the results you
need, and direct the courtroom drama with on-target
exhibits.
Evaluation
and Post-Test for CEUs (pdf) |
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Stephen
Appelbaum CEP EPIC is owner of The
Evidence Store, a walk-in retail store and litigation
consulting service in Union, New Jersey, for trial
attorneys. When Mr. Appelbaum moved into his new facility
in 1998, he added a full size courtroom for the purpose
of conducting mock trials and for teaching demonstrative
evidence techniques. The Evidence Store provides all
forms of legal photography, video and litigation graphics.
Mr. Appelbaum has lectured nationally to photography
organizations, local and state bar associations, numerous
Inns of Court as well as having been featured on national
and local radio and television programs. He is a former
editor of the Journal of Evidence Photography and
is a member of the Board of Directors of the Evidence
Photographers International Council. He is also a
member of the American Society of Trial Consultants,
the Professional Photographers of America, the International
Association for Identification and the American College
of Forensic Examiners.
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Extracted from Stephen
Appelbaum, CEP., EPIC, Patricia Iyer, RN., MSN, LNCC,
John M. Parisi, Esq., Samuel L. Davis, Esq., Helen
Griff Weisgal, Esq., and Wendy Neggers, Esq. ”Demonstrative
Evidence”, Nursing
Malpractice, Third Edition, Lawyers and Judges
Publishing Company
Trial lawyers face the question
of how to dramatize their cases and emphasize their
positions in a manner that is both permissible under
the rules of evidence and, at the same time, compelling.
One of the best ways to accomplish this is through
the use of demonstrative evidence. Demonstrative evidence
is not limited as much by the rules of evidence or
procedure as by the imagination and creativity of
the lawyer handling the case. During long nursing
malpractice cases, demonstrative evidence is used
to simplify complex issues, remove boredom from the
courtroom tedium and educate the jurors on both the
liability and damages aspects of the case.
Presenting the case with pictures,
computer animations, illustrations, storyboards, timelines,
graphics, and videotape will help tie together key
pieces of evidence and facts. Using the power of television
and computers in the courtroom reinforces the way
most jurors receive information-through the screen,
and is a persuasive way to make points at trial. Planning
the use of demonstrative effort takes a team approach.
A behind-the-scenes legal nurse consultant (LNC) should
be brought into the case as early as possible. The
LNC’s role is to begin to sort through the accumulating
mass of hospital records and nursing notes, as well
as to begin to establish the basis for the presence
or absence of negligence on the part of the potential
defendants. The skills of the attorney and expert
witness are needed to define the key issues to be
illustrated. The LNC is a vital part of the team in
helping to prepare witnesses and formulate the demonstrative
evidence that will communicate the information as
efficiently as possible.
Read
more about the book
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