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The Use of Graphics and Color in Litigation Exhibits

Challenge #1: How to present exhibits containing detailed financial information in a way that is easy for a jury to understand.

One of the most difficult challenges facing litigators is communicating detailed financial information (such as damages information) to juries and judges in a way that minimizes confusion and makes the information easy to comprehend. One successful method is the appropriate use of graphics.

Suppose you show a jury that despite the fact that a plaintiff’s sales have recovered from a defendant’s alleged actions, the plaintiff’s profits have not recovered. Using a standard spreadsheet exhibit yields the following:

XYZ Company – Year 2000 Sales vs. Net Income
                   (in thousands of dollars)

Jan

Feb

March

Apr

May

Jun

Sales

$501,236

$509,998

$520,447

$535,122

$374,888

$419,997

Net Income

$101,755

$105,467

$110,933

$120,182

($30,455)

($19,774)

Jul

Aug

Sept

Oct

Nov

Dec

Sales

$481,106

$505,433

$515,007

$523,707

$545,386

$560,114

Net Income

($15,473)

($12,312)

($10,268)

($7,633)

($4,102)

$2,998

This exhibit could be confusing to the jury, and jury members could find it difficult to remember the impact of this information.

However, using graphic presentation of the same information by employing Microsoft PowerPoint or Microsoft Excel graphing yields the following:

XYZ Company – Year 2000 Sales vs. Net Income
                  (in thousands of dollars)

The impact of this exhibit is much stronger, easier to understand and can leave a clearer image in the mind of the jury concerning
the damages suffered.

Challenge #2: How to present exhibits that make your arguments stronger than those of your opponent.

Another method for making an impact with exhibits is with the use of color. Since the time of the ancient Egyptians it has been noted that colors, brightness and shading can have a psychological effect. For example, bright red can signify danger, and pale blue can have a calming effect.

Using particular colors in litigation exhibits can impact jurors. For example, in a valuation case, a litigator could produce the following exhibit:

Our Valuation vs. Their Valuation

The psychological impact of the colors sends a subtle message to the jury that the other side’s valuation (pale pink) is weak whereas the litigator’s valuation (solid blue) is strong.

Through the use of graphics and color, litigators can realize significant benefits in presenting litigation exhibits to juries.

 

If you have questions concerning the issues discussed here or any related questions, please call us at (610) 667-6250 and ask to speak to one of our Litigation Support Specialists or contact us at info@marg.com.