See What I Mean?
Posted by Jon Teplow on Thu, Jun 07, 2007 @ 04:24 PM
See what I mean?Illustrations encourage information retention and understanding in the courtroom
According to Paivio’s dual-coding theory of memory, information
is stored as both a visual image and a series of words. Research shows
that pictures are remembered in more detail and for longer periods of
time than words alone. This is why illustrations, as well as other
graphic aids, have been popping up in a growing number of legal
situations. Illustrations allow decision-makers to see and comprehend
the differences between complex, technical processes around which an
intellectual property debate exists. Illustrations will also enhance
the decision-maker’s retention of your argument and can act as a
reference point from which listeners can clarify confusion.

In
“The Instructional Role of Illustrations,” written
by the University Corporation for Atmospheric Research, the various
functions of illustrations in educational settings are outlined.
Illustrations can be used to grab attention, enhance information
retention, foster understanding or contextualize abstract subject
matter. While this article focuses mainly on the use of illustrations
in educational settings, I see a strong correlation between the
classroom and the courtroom. In both settings a single person is trying
to impose his or her expertise onto a group of people with little to no
previous knowledge of the topic.
In my experience,
many litigators believe that the decision-makers they typically deal
with are intelligent and well educated, and that they therefore do not
need to break down their arguments into illustrations and graphs. What
these litigators fail to recognize, however, is that their
decision-makers have not been submerged in the intricate details of the
case the way they have been. What may seem painfully obvious to a
litigator can be vague and confusing to a decision-maker.
Furthermore, think about the best teachers you ever had, whether
it be in high school, college or graduate school. I’m sure they didn’t
lecture you about the class topic for a few hours and send you on your
way with a few hundred pages of reading and a bunch of homework. They
probably used PowerPoint presentations, in addition to illustrations,
timelines, charts and other miscellaneous graphics that really drove
home the important parts of the lecture. In the same vein, while
arguing a case to decision-makers, litigators shouldn’t drone on about
why his or her client is in the right. They should present their
influential arguments with supporting graphics that leave no question
about whether or not your client is not guilty.
“The Instructional Role of Illustrations,”
does a phenomenal job of breaking down the reasons why illustrations
are imperative in many educational situations. Read this article with
the judicial system in mind and I’m confident you will see what I mean.