Developing your visual strategy
| Author | Jim Wren/Laura Brown |
| Pages | 245-282 |
DEVELOPING YOUR
VISUAL STRATEGY
11-1
CHAPTER 11
DEVELOPING
YOUR VISUAL STRATEGY
BY MATT MORRISON*
I. WRONG APPROACHES TO VISUAL STRATEGY
§11:01 Ignoring Visuals
§11:02 Relying on What Is in the File
§11:03 Always Using the Same Approach
§11:04 Waiting Until Trial
§11:05 Relying Completely on a Consultant
§11:06 Failing to Continuously Improve Visuals
II. PRINCIPLES FOR EFFECTIVENESS
A. Why a Visual Strategy Makes a Difference to Your Case
§11:07 Different Jurors Have Different Learning Styles
§11:08 Distill Difficult Concepts to Understandable Points
§11:09 Engage Your Audience and Your Decision Makers
B. Organizing Around the Damages Story
§11:10 Include the Jurors in the Story
§11:11 Building Visuals to Tell the Right Story
§11:12 Setting
§11:13 Choice
§11:14 Conflict
§11:15 Consequence
§11:16 Crisis
§11:17 Climax
§11:18 Resolution
§11:19 Putting the Visual Story Together
C. Planning the Visuals
§11:20 Start Early in Discovery
§11:21 Equip Your Key Jurors
§11:22 Complement the Testimony
D. Selecting the Tools
§11:30 Tools for Visual Strategy
§11:31 PowerPoint
§11:32 Trial Presentation Programs
§11:33 Foam Boards
§11:34 Notepad Flip Charts
DEVELOPING YOUR
VISUAL STRATEGY
Proving Damages to the Jury 11-2
§11:35 Animations or Interactive Visuals
III. DEVELOPING THE VISUAL STRATEGY AND EVIDENCE
A. Initial Planning
§11:40 Start With a Quality System
§11:41 Plan Your Strategy Personally
§11:42 Focus on the Story
B. Translate the Damages Story into Visuals
§11:50 Know the Clients and Work Through Key Questions
§11:51 What Are the First Images That Come to Mind?
§11:52 What Anecdotal Stories and Images Go With Each Stage?
§11:53 What Images Go With the Anger Points?
§11:54 What Is Surprising About the Story?
§11:55 What Concepts Are Difficult to Explain Verbally?
§11:56 What Are Strong Images for the Core Values?
§11:57 What Are Metaphors for the Story?
§11:58 What Are the Pivotal Issues?
§11:59 What Are Strong Images for the Themes?
§11:60 What Images Evoke Your Framing Strategy?
§11:61 How To Handle Graphic Images
C. Implement the Plan
1. Use Good Design Principles
§11:70 General Points
§11:71 Simplify the Visual Presentation
§11:72 Minimize the Use of Bullet Point Lists
§11:73 Colors, Fonts and Themes
§11:74 Use Visual Cues to Help the Jury Keep Up
§11:75 Employ Good and Consistent Visual Architecture
2. Move From Ideas to Implementation
§11:80 Steps for Implementing the Ideas
§11:81 Prepare to Make Visuals Interactive
§11:82 Decide the Setup Before Trial
§11:83 Practice the Visuals and Have Backup Plans
§11:84 Maintain Status as the Authority Figure
§11:85 Prepare for Admissibility Issues
IV. COMMON ADMISSIBILIT Y ISSUES
§11:90 Proper Foundation—Generally
§11:91 Foundation for Photographs and Diagrams
§11:92 Foundation for Video
§11:93 Visual Display as Unfairly Prejudicial
§11:94 Visual Display as Argumentative
§11:95 Surprise or Failure to Disclose in Discovery
§11:96 Hearsay Within the Visual Display
§11:97 Improper Impeachment With Video Deposition
§11:98 Other Routine Objections
V. VISUAL EXAMPLES FOR ALL SEVEN STAGES
§11:110 Setting
§11:111 Choice
§11:112 Conflict
§11:113 Consequence
§11:114 Crisis
§11:115 Climax
DEVELOPING YOUR
VISUAL STRATEGY
11-3 Developing Your Visual Strategy
§11:116 Resolution
VI. SAMPLES
11-1 Copy of Bar Tab
11-2 Words of the Applicable Standards
11-3 Deposition Excerpt and Cab Ride Sign
11-4 EMS Record and Photograph of Scene
11-5 Last Family Picture
11-6 Defendant’s Pleading
11-7 Discovery Requests
11-8 Rule Next to Verdict Form Damage Categories
11-9 Picture of Survivors
11-10 Contradictory Comparisons
11-11 Check-off Chart
11-12 Admission
11-13 Damage Summary
11-14 Series of Slides Building a Chart
11-15 Chart Components
11-16 Fonts for Headlines and Text
11-17 Sample Flip Chart Page
11-18 Standards for Medical Diagnosis
11-19 Defendant’s Options and Choices
11-20 PowerPoint Slide 1 Supporting Timeline of Defendant’s Choices
11-21 PowerPoint Slide 2 Supporting Timeline of Defendant’s Choices
11-22 PowerPoint Slide 3 Supporting Timeline of Defendant’s Choices
11-23 PowerPoint Slide 4 Supporting Timeline of Defendant’s Choices
11-24 Timeline of Defendant’s Choices
11-25 Demonstrating the Mechanism of Injury
11-26 Past and Future Medical Costs in a Summary Listing
11-27 Past and Future Medical Costs Sorted by Condition
11-28 Key Components in Lost Earnings Calculation
11-29 Concepts and Calculations for Lost Earnings Capacity
11-30 Opinions and Bases of Opinions of Vocational Expert
11-31 Summary Outline Chart for Vocational Expert
11-32 Simplified Outline of Life Care Plan
11-33 Demonstration of Source and Reason for Pain or Disability (Whiplash Injury)
11-34 Comparative Chart for Loss of Household Services
11-35 Lost Profits Calculation
11-36 Timeline Progression Demonstrating Lost Opportunity
11-37 Excerpts From Counseling Records Demonstrating the Effect on Family
11-38 Excerpts Demonstrating the Effect of Defendant’s Denials/Lack of Remorse
11-39 Testimony Addressing the Societal Benefit of a Damages Verdict
11-40 Economic Damages as Only the Tip of the Iceberg
11-41 Damages Portion of Verdict Form From Court’s Charge
11-42 Excerpt Showing Determination of Plaintiff
11-43 Excerpt Showing How the Verdict Can Make a Difference1
* e authors of this book thank Matt Morrison for his willingness to author this chapter. Matt has utilized his visual strategy skills in obtaining multi-mil-
lion-dollar verdicts for his clients, and he teaches these skills in the Baylor Law Advanced Trial Prep course. Matt was honored as the Most Outstanding
Young Trial Lawyer in the United States (F. Scott Baldwin Award) by the American Association for Justice (AAJ), in recognition of his signicant jury verdicts.
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