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See What I Mean?

Posted by Jon Teplow on Thu, Jun 07, 2007 @ 04:24 PM
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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.

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