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Sweet visuals to sway jurors: a jelly doughnut as a stand-in for a herniated disk? By all means, if it helps jurors understand your client's injury. Get creative to strengthen your auto collision cases without spending a bundle on demonstrative evidence.

Article Excerpt
The days when a Polaroid photo of an accident scene sufficed as demonstrative evidence in an automobile case are long gone. Today, any picture you present to a jury, whether displayed physically or painted verbally, must appeal to all the senses.

But compelling demonstrative evidence doesn't have to break the bank. Props that cost mere pennies can be just as persuasive as evidence that is professionally produced for thousands of dollars--if you know how use it effectively.

Whether evidence is gripping and powerful or boring and forgettable often depends on how you present it. The key is remembering that the courtroom is like a stage. The facts of the case and the witnesses' testimony provide the script, items of demonstrative evidence are the props, and the jury is the audience.

You and your client are on display as soon as the jurors enter the courtroom and will remain in this "fishbowl" throughout the trial. Jurors begin to take in the details of the courtroom scene as soon as they take their seats, noting the dress and demeanor of the lawyers and their clients. Remind your client that jurors will be watching every move he or she makes--both inside and outside the courtroom.

While your appearance is not a traditional element of demonstrative evidence, it creates visual impressions that outshout the loudest testimony. The classic "power outfit"--dark blue suit, white shirt, and red tie--maybe effective during opening or summation when you want the jury to focus on you, but think about wearing softer earth tones for the direct examination of your client or expert. Don't let your appearance upstage your witnesses.

Options for opening

In most jurisdictions, plaintiffs cannot use traditional demonstrative evidence during opening statement without defense counsel's consent, which is rarely given. If the court does allow it, however, consider supplementing your statement with an anatomical chart or model.

But don't prematurely show your strongest points. The "oooh" rarely comes during opening, so save your most persuasive demonstrative evidence until a point when you can show it off dramatically.

If you can't use demonstrative evidence during your opening, use the courtroom and even the jurors to get your message across. For example, ask jurors to imagine it's the day of the accident. Have them pretend that the street runs along the jury box and juror number one is sitting just where the stop sign is located. Or, perhaps, the foreperson can be a red light; juror number one, the crosswalk; and other jurors, the turns into the street in question.

This type of visualization conditions jurors for the presentation you are about to give. The defense will also likely use your layout rather than create...

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