Genres

1. Pretrial and Plea Negotiation

During the pretrial phase, defense may wish to present evidence that exonerates the client, or lessens the client’s culpability. The goal at this stage may be to induce the prosecution to decline to prosecute, or to reduce the charges, or to enter into a plea agreement on mutually agreeable terms.

During this stage, after evidence is collected and a strategy determined, we typically create a 15-20 minute narratived multimedia “briefing-style” presentation which is pre-recorded The information provided in the presentation is clearly labeled as “Plea Discussion Document Pursuant to Federal Rules of Evidence 410 or California Code 1153” which ensures that it is not admissible against the defendant at trial. A typical format for a plea negotiation presentation might include:

• Introduction: Usually a brief, one minute neutral synopsis of the case and factual introduction of the defendant.
• Personal History of the Defendant: In a plea discussion presentation, this section usually lasts no more than 3-4 minutes, and provides a narrated summary of the personal history, accompanied by photographs and other relevant imagery.
• Case Analysis: This section presents the evidence regarding the nature and circumstances of he offense that the defense believes the prosecution should consider in reaching a decision as to its position. Depending on the case — evidence presented can be exculpatory, or mitigating, keeping in mind that all evidence presented is protected. During this section, depending on the nature of the offense, we produce chars, graphs, graphics, animation, as well as make use of bodycam, security cam, and other evidence that may be helpful.
• Conclusion: This section presents a short conclusion and summation of the information presented.
• Proposed Resolution: Some attorneys prefer to offer the proposed resolution verbally after the presentation concludes; others include i within he body of he presentation.

Afterwards, both sides discuss the contents of the presentation, and the case more generally. Pretrial presentations account for almost half of all presentations we create.

2. Courtroom Presentations

If the case goes to trial, we assist the defense in the use of all forms of media as exhibits, including compelling presentation of photographs, graphics, and video exhibits. Our work at this phase ranges from creating numerous individualized exhibits, to creating standalone court-accepted presentations. Use of video and multimedia can be used effectively to present complex evidence in a way that clarifies matters for judge and jury. Animations of physical actions can illuminate, clarify, and add to the value of expert witness testimony. Complex financial or technical information can be de-mystified and made more understandable to the non-technical, lay observer. Trial presentations can be incorporated into opening statements, closing arguments, or at any point in between. For trial presentations we follow strict guidelines for admissibility and guide the attorney in taking the necessary steps to ensure that the materials created will be accepted by the court.

3. Sentencing Mitigation Videos

Perhaps the most well-established are of defense video and multimedia presentation is te sentencing mitigation video. The New York Times observes:

“… a growing number of lawyers are creating empathetic biographical mini-documentaries, or “sentencing videos,” to reduce their clients’ prison sentences. Inspired by the storytelling techniques of traditional documentary film, some lawyers team up with independent filmmakers while others become filmmakers themselves. These films are made for an audience of one: the presiding judge.”

This marks a significant departure from past practice, in which the defense sentencing submission typically has consisted of the Sentencing Memorandum and, if the client is lucky enough to have a mitigation team working for him, a written social history attached as an exhibit to the defense sentencing memorandum.  The social history tells the defendant’s life story, usually in a memo of 20 pages or less, with an emphasis on humanizing the defendant by describing his life in totality — achievements, challenges, key relationships, all presented in a carefully crafted report, which includes character reference letters as an attachment, with quotes from the letters often incorporated into the body of the report. Such reports have long been recognized as helpful in mitigation, but they are also, ultimately, words on a page.

4. Civil Cases — Settlement Videos

In civil cases, videos and multimedia presentations are an established way of presenting compelling information, particularly in personal injury and wrongful death cases, where video can be used to demonstrate the life-altering affects of the matter being litigated. Victim “day-in-the-life” videos are a sub-genre in this area, showing the struggle that victims experience. Impact interviews of victims, family members, and others who have been affected can act as a “multiplier” of the impact of letters and written submissions. Experience shows that a relatively small investment in a multimedia presentation can directly contribute to more favorable settlement outcomes than would otherwise be achieved.