Video and the Law

VIDEO ENHANCEMENT: New Law Enforcement Video System Premieres

Now, more than ever, you have another golden opportunity to discover forensic video of your accident site.  As previous discussed in a separate blog post, there are 5 or 6 different avenues to find video and/or stills of your accident site.  One of those is dashboard cam from law enforcement and fire departments.   Dashboard is now available in helmet and eyeglass versions.

Taser, the leading supplier of bulletproof vests and other security equipment for law enforcement personnel nationwide, has just announced AXON Flex, their breakthrough point-of-view video system.  This is an officer worn camera recoding system with great flexibility.  Officers can mount

                        

AXON Flex on their eyewear, ball cap, collar, helmet, epaulette, body, or simply on the dash of the cruiser.  Footage archived is just like most systems, either downloaded to their data storage system or with Taser, you can upload to their cloud called Evidence to store footage shot.  The small cameras on the Axon Flex have a wide angle lens and are also low light capable, which should provide a more clearer and wider shooting perspective.  For more information, check out the full specs here.

Trial Presentation: Apple's War Strategy for Trial

Get the duct tape or gaffer's tape ready!  Every trial presentation expert already knows to follow the old Boy Scout's rule and always be prepared.  That's why they pack duct or gaffer's tape in their trial bag, ready to tape down cords and cables.  But little did they know they will have to try and hide the name of the manufacturer (Samsung) of their courtroom monitors with tape!  Apple has filed a motion in their patent infringement lawsuit against Samsung in the Northern District of California, set to go to trial in July of 2012, to require that the Samsung name on the bottom of each monitor in the courtroom be covered completely and not legible.

A little far reaching you might say?  Not when it comes to big stakes litigation.  Happens every day in courts across the country.  Every little subtlety and advantage plays a big part.  And you know who wins?  The team that is most prepared and skillful at convincing jurors of the facts of their case. 

Apple's attorneys are smart.  They know that since their Apple TV's are still under development and that much of the evidence in their case will have to be displayed on big screen monitors, they want to cover all of their tracks by requesting in this motion that the Samsung name on the bottom of the monitors is covered and not revealed.  Why give Samsung an added advantage?  You can check out all the details of this pre-trial maneuvering here.

 

 

iPad in Law Practice: Giving Clients iPads

3 million iPad 3's were sold over its recent launch weekend.  Since its inception over 55 million iPads are in use today.  Like doctors and airlines, architects and car dealers, law firms are discovering new ways to utilize the power of iPads in their practice, way beyond the basic 10 to 12 document, juror and trial apps most used by attorneys now.  Lawyers across the country are "giving" their clients iPads.

 

If you want to view the above newsclip, click here.   There is also a link at the end of that webpost for Apple's article on this law firm. 

Both of these articles outline the how's and why's of these personal injury attorneys giving iPads for their clients' use, and how it improves their case presentation as well as their service to their clients.  It's a simple scenario and strategy and here's how it works:

Personal Injury Client Status and Follow-Up:

We all know how difficult and sometimes stressful it is for you and your paralegals to get your clients to follow directions, take pictures, video and document their medical and physical status.  With the iPad it becomes fun, simple and easy.  Clients can read instructions from you regarding the documentation of their injuries and their case, as well as instructions on how to use the iPad.  Still photographs and HD video are just "point and shoot" and can easily be taken with the iPad.  Facetime, Skype and Google Video can easily hook up them and yourself or your paralegal to answer any questions or concerns they may have.  They can even watch pre-loaded videos such as "How to Prepare for your Deposition" as well as other educational videos on the iPad. 

Some clients are thorough when it comes time to documenting anything and everything and some are not so thorough.  Giving them an iPad at the onset of their litigation just makes effective communication easier and simpler for both attorney and client.  And that communication, whether still photographs, audio, video or both, goes a long way in helping move their case towards a win at trial.

 

 

Law Video: 5 Places to Find Video Evidence in Your Case

These days, there are lots of places to discover video that will help prove your case.  With cameras and recording devices everywhere, there is no excuse for you not to include this in your original search for discovery for your case.  Here are 5 places to start your hunt:

1.  Accident/Incident Report

Whether your case involves a vehicle accident or a factory accident, a report is generated and in most states, there is a space included in that report that denotes whether photographs and video were taken at the scene and by whom.  You can easily order or subpoena a copy of that video for your files.

2.  Fire and Police Departments

Most police and fire departments around the country now shoot video along with still photographs of major accidents.  Most police departments now utilize in-car, dashboard camera and audio systems, as well as audio recorders on their bodies.  Make sure when you are searching for footage of your accident that you ask and subpoena police camera footage.  Major fire departments around the country also utilize dashboard cameras and maintain a video department that shoots footage of accidents, then edits that footage for training purposes.  Very few people know that there may be raw footage of their accident available from the fire department.

3.  Local Television Stations

Many TV stations maintain and monitor police and fire department scanners in their newsroom.  They often send TV camera crews out to major accidents to capture footage for their news programs.  The challenge that comes with trying to obtain this footage is that each TV station has its own retention policy on this type of footage and many times it is deleted after the footage has aired.  You must work fast in obtaining footage of your accident before it is erased or deleted.  Also, in various metropolitan areas of the country, there are actual photography businesses that listen to scanners and send camera crews out to shoot footage of those accidents.  These types of businesses then sell their raw footage to TV stations, attorneys and practically anyone who asks for it. 

4.  Look and Ask Around at Your Accident Site

You would be amazed at how much success attorneys have in finding video proof of their liability just from snooping around the accident site.  Try it yourself:  go to your accident site and start looking around in detail.  Look up at sky for any CCTV cameras on poles.  Look and ask around at all of the businesses that surround your accident site for any CCTV or surveillance camera recording systems.  You will be surprised what you will find and you might even find a witness or two while you are at it.  

5.  Conduct Searches on Internet Sites

YouTube, CNN iReport, Tumblr, Flickr and GoogleVideo are all excellent sources of finding video of accidents and news reports of accidents.  Even running an ad on Craigslist asking if anyone has any footage or photos of your accident can bring remarkable results.  Remember, cameras are recording everything practically everywhere today and it behooves you to put your search into high gear in order to bring dramatic evidence of the proof of your case to the forefront.

 

 

 

Forensic Video: Analyze, Enhance and Authenticate

Every case today has some type of video, audio, still photograph or diagram that must be enhanced for better presentation to the jury or adjuster.  Video recording devices are everywhere, from cellphones and businesses to intersections and nursing homes. This saturation of cameras recording everything everywhere has led to a huge proliferation of this type of evidence being introduced at trial.

         

The challenge that most attorneys face with evidence of this type is that it almost always needs to be enhanced and/or altered from the original footage.  In our past experiences, this enhanced exhibit then becomes the "smoking gun" of all of your evidence and the ultimate proof of your case.  That's why it's important that you work with a forensic video company that has years of experience with enhancing this type of evidence, as well as a secure system of documentation, chain of custody and a track record in testifying in order to get your enhanced video properly into evidence. 

ANALYSE:  Your forensic expert should be able to evaluate the original footage, take a small sample and run several filters on that evidence and then be able to show you a brief, 4-5 second sample of what can be achieved through enhancement, before you commit to fully hiring that expert.  That expert should also be able to help you evaluate footage that you think may have been edited before being provided to you and provide you with a credible opinion. 

ENHANCE:  There are all types of enhancement filters from stabilization to de-interlacing, from compression to blur and color saturation filters that your expert may utilize in order to help clarify and enhance your video.  Cropping, magnifying, audio enhancing and slow motion or accelerating can also be applied to your video.

AUTHENTICATE:  After you have finalized your enhanced trial exhibit, you then have to get it into evidence.  A detailed affidavit from your forensic expert usually suffices, but sometimes depositions and a trial appearance is required.  Your forensic expert must be able to accurately recreate and explain their enhancement process from start to finish.  That expert must also have a credible track record of previous testimony regarding forensic enhancement and have detailed experience that will stand up to any cross examination. 

Verbal testimony aside, there is nothing like a video that persuasively shows what actually happened in your case.  Jurors love visuals and many studies in the past have shown that they certainly retain a lot more information when they can see and hear it.  So, start to work on your caseload today.  Think about where footage of your liability can be obtained and how you then can recreate and enhance that footage to your best advantage at trial.

 

Law Videos: 10 Ways To Build Your Law Firm Profits With Video

Pictures, whether still or moving dominate our culture, from education, news and entertainment all on the internet, print media and in the law.  According to Pew Internet Research, video is the number one reason why people go online today.  YouTube had over 700 billion views in 2010 and that number continues to increase hourly.  Hubspot studies, an authority on the internet and SEO, prove that video on your website improves your Goggle search results.  Every lawyer knows that jurors retain more information if they can see and hear it, versus just hearing it.  Hardly a trial is conducted today that doesn't use some sort of multimedia.  So, how do you help build your law firm profits by using video?  Here are some proven strategies:

1.  Settle Your Cases Faster With Pre-trial Videos

Mediation and settlement documentaries, wrongful death biographies and expanded day in the life videos have proven to be helpful in advancing your case towards settlement.  Only about 3% of cases actually go to trial, so it behooves you to make the right investment in a video that will settle your case before trial.  A powerful and compelling video that is targeted direct to the people who have the power to write the check always beats the odds of having a jury decide your damages and your case.  And the more powerful and persuasive your video is, the better your chances of settling your case before trial.

2.  Picturing Your Case to the Jury

Demonstrative evidence videos shown to the jury along with witness narration and collaboration give that evidence greater weight and your case greater credibility, resulting in a favorable verdict for your side.  Animations, accident reenactments and reconstructions, day in the life videos, and other demonstrative evidence all will enhance your witnesses' testimony while making complex and scientific issues simpler for the jurors to understand, retain and recall.  Videos also shown during opening and closing statements help put the jurors "inside the picture" and help properly set the stage for the deliberations and advocacy of your cause and case.

3.  Achieve More Case Referrals With Video

Want to prove to someone why you need to be brought in on a case?  What better way to explain to a colleague your expertise, your firm's foundation, your success with past settlements, verdicts and client satisfaction than with a powerful and compelling video that tells that story?  In today's busy world, the digital revolution has allowed professionals to learn and communicate with each other via email, internet, iPads and smartphones with the use of texts, words, picture and video.  Any good trial lawyer who informs, entertains and convinces someone with a video about their expertise just reassures co-counsel that they have made the right decision in choosing you to help with their client and case.

4.  Obtain More Clients by Using Videos on Your Website

Clients search on the internet for an attorney who they feel confident will help solve their problems.  They don't spend much time or click through when they land on your home page, so you have to "wow" them fast and furious.  Website videos let the client not only see how you talk and conduct yourself, but also educate them about the obstacles they will face and how best to resolve their problems with your help.  Videos of your past clients talking about their experiences and success with you and your law firm puts the prospective client "in the screen" and proves beneficial in capturing them as clients.

Trial Presentation: Why You Need a Professional in the Hot Seat

I am confident this has happened to you in the past.  This video is living proof that when it comes time to presenting your multimedia evidence to a jury, you must have an expert at your side:

          

Being a good trial lawyer these days requires you to use multimedia in the courtroom.  And it also requires that you follow the same motto as the Boy Scouts:  be prepared.  Luckily for Mr. Walgren, he had a hard copy of his PowerPoint presentation for back-up.  There's nothing worse during trial than to drum roll your examination to the point of presenting your visual evidence, then to have yourself and the jury disappointed in not having that evidence displayed properly or at all.  Whether it is slides, video, models or computer images they should all work in precision alongside your witness examination and the presentation of you evidence.  The last thing you want to happen is to rely upon or look to the bailiffs in the courtroom, Deputy Jones in this case, to help you correct any logistical problem you encounter.   

Having a expert trial technologist sitting in the hot seat as part of your trial team will cure any multimedia presentation problems you might encounter.  Experienced trial techs know how to solve problems that might arise fast, while at the same time not embarrassing you or your judge with delays and signs of inexperience.  The presentation of multimedia evidence should be a dramatic reflection of your client and your case, so you must make sure there are no hiccups.  Back-up hardware and software are the tools of any good trial technologist, as well as the demeanor and ability to conduct themselves in the courtroom in a manner that makes them almost invisible.  Using trial techs with years of experience provides you with additional power by suggesting various display options that will give you the maximum presentation impact upon your jury.  Do you have your own trial horror story?  Please click on comments below and share with us.

Video Settlement Brochures: The Sargeant Friday Approach

Before you shoot one iota of footage for your settlement or mediation presentation, make sure you have a clear and concise target in your own mind of the types of people and personalities that will comprise your audience.  Obviously, the message you want to relay to a jury is much different than to claims adjusters.  You can bring out all the harps and pull out all the stops to pull the heart strings of a jury, but you might as well dig a hole and climb into it if you try and pull that kind of presentation off to an adjuster. 
Keep one image in mind when producing your presentation for adjusters:  Sargeant Joe Friday.  Friday was the no-nonsense, lead cop on the TV series Dragnet who popularized the phrase, "just the facts, ma'am."  As the creator, producer and actor, Jack Webb's goals for his series were realism and unpretentious acting.  Having a successful run of over 20 years on radio and television, Jack accomplished his goals.

          

 Webb was a stickler for accurate details, and Dragnet used many authentic touches, such as the LAPD's actual radio call sign and the names of many real department officials.  That is the same strategy that you want to use with your settlement video.  Portraying the strongest and most powerful of your trial exhibits along with compelling sound bites from witnesses, will result in advancing your case all the way to a settlement wherein both sides of the case are satisfied.  Leave the hearts and flowers for the jury.  The same voir dire you conduct with picking your jury should also be used in evaluating the decision makers who have the power to settle your case.  Gender, age, occupation as well as family and religion come play heavily when producing powerful and compelling video that motivates the viewer to settle your claim.  Hiring and informing a long-form, forensic video production team about your audience will solve any problems you may have regarding the content of your video settlement brochure.  But, watch out!  You certainly need to be careful these days when it comes to hiring a video team to help you settle your case.  You might end up with a pig in a poke like Bullwinkle did in this spoof:

          

 

 

 

 

Trial Presentation: iPad Back in the Courtroom

Once again, multimedia and specifically the iPad has returned to the courtroom.  This time in the infamous Conrad Murray/Michael Jackson trial in Los Angeles.  In fact, Ed Chernoff, one of the defense attorneys for Dr. Conrad Murray is an avid fan of the iPad.  He originally put all of his case notes on his iPad.  He has also loaded still photos and various videos onto his iPad for use during the trial.

 

There is also other digital technology that is being used by both sides during this trial.  An Elmo overhead projector for documents and other items is being fed to a switcher that also allows inputs from laptop computers, iPads and other equipment that then feeds to audio speakers and video display screens around the courtroom.  Also, the internet is being employed during trial by both the prosecution and defense teams using social media such as Facebook and Twitter to screen potential jurors for the case.  We don't know much about the bios of the prosecution attorneys, but we do know that Ed Chernoff, one of the defense attorneys took the California bar exam so he could appear in court for pre-trial hearings.  As is the case with most major cases being tried in courtrooms across the country today, multimedia and effective display technology is being utilized to the upmost so that jurors are better informed about the facts of the case.
Another case tried in Birmingham, AL where the iPad was used is discussed in this article.  Check it out and let us know below how you are using your iPad in case preparation or presentation.

 

 

 

 

Steve Jobs: 1955-2011 How Did He and Apple Change Your Life?

It is a sad day all over the world today as people learn that Steve Jobs died of cancer at the young age of 56 years old.  There are more comments regarding his death than there are iPhones, iPads, iPods and Macs in the world, but this one short video sums it up pretty good:

 

Yes, he was crazy, he was innovative, he was one-of-a-kind that changed the world.  Just like most trial attorneys I know.  They also are one of a kind and work and enjoy life daily in order to change the world.  Here's to all of you on this historic occassion.  Just don't forget that life is very short and it's not the dates you were born and died.  It's the hypen inbetween those dates that is what counts.  You are welcome to share your feelings in the comments below.