How Trial Lawyers Should Tackle Science-Related Presentations

The Bottom Line

• Litigators managing science-related cases must simplify complex material and genuinely engage with the audience to succeed in their presentation.
• Experts can help lawyers understand scientific, technical issues, while the right client witnesses can make that information more meaningful to the court and jury.
• Lawyers should consider using analogies and multiple presentation mediums to enhance explanations.

High-stakes litigation increasingly turns on complex areas of science that many attorneys find themselves underequipped to grapple with effectively. Litigating cases involving intricate science issues presents unique challenges—particularly for those who lack formal education or a natural aptitude in such fields.

Advocates must be prepared to navigate technical evidence, expert testimony, and opposing arguments to effectively advance their client’s position. Whether in written briefs, oral arguments, or the presentation of evidence before a jury, the ability to communicate complex subjects simply and clearly is an art, not a science.

The following tips aim to help experienced litigators manage and present complex scientific issues with confidence and clarity.

1. Understand the science.

Ensure you have a solid grasp of the scientific principles relevant to your case. You don’t need to be an expert yourself, but understanding the core concepts will help you in virtually every aspect of the case.

This means reading relevant literature, conferring with experts, and getting comfortable with the terminology and principles involved. You can have the greatest experts with the finest credentials and a gift for public communication, but you—the lawyer—have to put on the case.

A deep understanding of the technical details will help you map out and execute your case strategy, adapt to the other side’s contentions, and communicate with experts and the court.

2. Assume they know nothing and can learn anything.

Judges and jurors usually don’t have any background in the technical or scientific subjects involved in your case. Start by providing context and explaining the issue in simple terms. Set the stage so everyone understands why the evidence matters and how it fits into the broader case.

Assume the trier of fact has little to no technical background. Provide clear, concise explanations and analogies to help them understand your evidence’s relevance and reliability. Work with your experts to convert jargon and complex equations into plain English, and ensure all written submissions and oral arguments are understandable to judges and jurors without technical backgrounds.

Be careful, however, to avoid any suggestion that the material is too complex to be readily understood. Conveying confidence in your audience’s ability to understand and appropriately apply the information will go a long way in keeping them engaged. Assume your audience starts at the beginning but that they’re capable of making it to the end of the journey you’re taking them on.

3. Use a persuasive expert.

Identify and retain qualified expert witnesses as soon as possible. A good expert will help you understand the case from the outset. A truly great expert will provide key input on tactical decisions, allowing you to build from a strong foundation.

Don’t wait to bring experts on board even if your “expert discovery” deadlines seem a long way off. Scientific and technical issues often take longer than expected to fully develop, especially if the expert will need to do an extensive review of the literature or case materials. You also want to leave time to add or replace experts as the case develops and before the deadlines are imminent.

Consider working with consultants who can help you understand the nuances of the science involved. Non-testifying consulting experts can be especially important in jurisdictions where communications between counsel and testifying experts aren’t protected from discovery. Even in jurisdictions that do protect attorney-expert communications, consulting experts can shape strategy and improve your overall case presentation.

4. Identify the right client witnesses to illustrate the issue.

Identifying a knowledgeable and persuasive client witness can be just as important as identifying a great expert witness. A great client witness will help you understand the issue in the abstract, how it applies to their business, and how it fits in with your theory of the case.

Also, your client often can provide a more personal and meaningful account of the relevant issues. Fact witnesses can come across as more relatable and credible than experts, as there is no substitute for first-hand experience. A great client witness helps bridge the gap between explanation and real-world applications, making the information more meaningful to the court and jury.

And while there is often a “battle of experts” on complex scientific issues, these issues rarely give rise to a battle of fact witnesses. Unlike your expert witness, whose opinions are likely to be challenged by a qualified expert on the other side, there generally won’t be a fact witness on the other side who can challenge your client’s first-hand experience.

While an expert can help break down barriers in understanding, your client will play a critical role in telling their side of the story.

5. Use relatable analogies (with care).

Analogies are powerful tools for translating complex subjects into everyday language. By comparing unfamiliar concepts to common experiences, you help your audience grasp difficult ideas more easily. Choose analogies that resonate with your specific audience, and think through them to ensure they compare aptly with the point you are trying to convey.

Be wary of getting too enthusiastic about analogies, though. Comparing complicated scientific concepts to everyday experience can be effective storytelling, but it can’t replace a clear, concise explanation. Avoid using multiple analogies where a single one will do.

Too often, lawyers mix analogies and attempt to use various analogies to relate different aspects of an idea. This can create confusion or an opening for attack from your opponent.

Analogies can also create unexpected, unwanted associations. Be careful not to trivialize your issue by comparing it to something comical or unpleasant, even if the analogy is formally airtight.

6. Use varied presentation and communication styles.

People engage with new material in different ways. The lawyer’s stock-in-trade is oral and written rhetoric. An effective scientific presentation in the courtroom also accounts for visual, auditory, and tactile senses.

Try to use various styles in every presentation. This creates additional depth and interest in your presentation and helps ensure your message reaches your audience in a digestible way. Incorporate charts, graphs, photographs, videos, diagrams, and even models or simulations along with verbal and written explanations whenever possible.

Trial lawyers are experienced with using these techniques when presenting oral arguments to the court or addressing the jury. While PowerPoint is often the go-to medium of choice and can effectively convey a variety of visual concepts, variation can help create and maintain audience interest.

For example, consider writing a list on an easel board rather than putting bullet points on a slide. Or perhaps pass around a physical model for the jury (or judge) to hold in their hands.

This tip isn’t limited to the theater of the jury presentation. Pictures, graphs, charts, or select passages from key documents can be just as effective in briefs as they are in court.

7. Keep your audience engaged and interested.

People have a natural tendency to let their minds wander when they can’t easily follow an explanation with interest. An engaged audience is more likely to understand and retain the information you present.

Where possible, structure your presentation to provide information when your audience is more likely to be focused. Apply the principles of primacy and recency: People best retain the information presented first and last.

Reinforce important points throughout your presentation, but don’t belabor them. Maintain attention by varying your presentation style, asking rhetorical questions, and emphasizing the real-world impact of the evidence.

Finally, don’t take your audience’s attention for granted. They will get bored if your presentation drags on or repeats itself. Focus on the key points you need them to understand—and remember—to decide in your favor.

8. Don’t get bogged down in extraneous details.

Highlight the most important facts and conclusions that support your case. Avoid overwhelming the court or jury with unnecessary details that may distract from your main argument.

The finer details are fascinating when you’ve had months or years to study an issue. But they’re often stumbling blocks to newcomers, especially if your nuance diverts the trier of fact from the point you need to win.

Striking the right balance requires application of many of the other tips discussed here: a careful understanding of the issues yourself, working with your experts and fact witnesses, and adapting your explanation to feedback.

9. Test your explanation on an uninformed audience.

Once you’ve put all the pieces together, it’s time for a test run. Practice your explanation—including your graphics—with people who aren’t familiar with the topic.

We often become so immersed in the scientific and technical details that it becomes impossible for us to see our presentation with fresh, “non-expert” eyes. Feedback from colleagues, friends, or family members will help you identify confusing areas and refine your presentation for clarity.

Now is the time to see how well you’ve done with the prior guidelines:

• Did your test audience understand your key points?
• What parts were confusing or seemed unnecessary?
• How did that brilliant (to you) analogy land with an unfamiliar listener?
• Did your graphics help or hurt?
• Did your audience get bored?

Remember to put your ego aside before asking for feedback. Those beautiful slides might make sense to you and your experts, but you have to educate and persuade people who have never seen the material before.

If your test audience finds your explanation unclear or unconvincing, your real audience probably will as well. Feedback is only valuable if you meaningfully consider it and adapt your approach.

10. Embrace questions.

Questions are an invitation to speak directly to your audience about issues they may not be following. Encourage questions from the court or jury where permitted, and view them as opportunities to clarify and reinforce your points rather than as challenges to your position.

In responding to question, answer the question directly, even if you consider it off-point or it highlights an aspect of the case that is unfavorable to you. The question reveals insight into your audience’s thoughts about the issue and gives you the chance to redirect attention as needed.

Dodging questions may be perceived as weakness, dishonesty, or ignorance. Being open to questions demonstrates confidence and helps ensure your message is understood and retained.

When understanding unfamiliar scientific principles is critical to the success of your case, you must be the expert in advocacy and communication. Your ability to simplify complex material and genuinely engage with your audience will be the key to winning their trust—and their verdict.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Lacy Brown is a litigation attorney at Hogan Lovells who collaborates with expert witnesses on intricate technical matters for clients in highly regulated industries.

Elizabeth Och is an attorney at Hogan Lovells who leverages her science background to effectively support her clients in complex environmental litigation matters.

Lee Whitesell is a trial lawyer at Hogan Lovells who combines deep technical knowledge with a strategic approach to litigation involving scientific and technical matters.

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