Incorporation >

Corporate Minutes >

Business Articles >

What is Arbitration? >

What is Mediation? >

What is a Trial? >

Settlement >

Technology Can Improve Your Arbitration Presentation
By Mitchell S. Ostwald

One of the problems a practitioner is faced with in a securities arbitration matter is how to keep hearings lively and interesting. Often times, it seems like the older arbitrators can barely stay awake. You've got to get their attention. Practitioners are finding that their well-honed skills in the courtroom and their anecdotes that thrill jurors just don't seem to work in an arbitration setting.

The practitioner's newest weapon is not only his or her creativity, ingenuity and perseverance; it's a laptop computer, scanner, LCD projector and screen and PowerPoint software. Technology and your presentation are your "smoking gun".

Since it's extremely rare, if ever, that a document will establish all the elements of fraud, technology offers a new approach. Piecing together portions of documents in closing argument not only reinforces your theme of the case, but also establishes the elements of the cause of action. An excellent approach is to not only show the arbitrators the industry forms, but to go further by focusing on a sentence or portion of the form to bring home the important message. If a document has been altered or if it hurts your opponent's case, the impact is amazing.

Tired of carrying big blowups to hearings, not to mention the cost of creating them?  By using PowerPoint software, they can be included in your presentation with the same effect. Another interesting use of PowerPoint is to mix actual account statements and then use the computer to convert this information into a graph format with notations highlighted in the graphs. This has been effective in reinforcing the liability issues at arbitration. If it's used in closing arguments, both the documents and your superimposed graphs and arguments are fair game.

Of course, both the plaintiff and defense bars are finding that cases involving important documents and having them in the computer and displaying them during examination shortens the presentation and the hearing. It also includes the arbitrators throughout the case and forces them to focus on your evidence. While many practitioners still debate the cost of purchasing the necessary equipment versus the benefits, their impact is already being felt. Luckily for the cost-conscious practitioner (and client), the costs are dropping and the technology is getter better.

For more Business Articles:

Select Link: Attorneys Getting Burned By their own Clients State Vs. Federal: Whose Law Controls Arbitrations Gone Awry Credit Card Companies Next on DOJ’s List Common Abuses in Mandatory Arbitrations High Court Finds Venue Provisions Permissive Private Arbitration May Not Have Collateral Estoppel Effect on Third Parties Senate Judiciary Committee to Hold Hearings on Mandatory Arbitration Friend of Foe: Wall Street Shuts Out Critical Analyists Technology Can Improve Your Arbitration Presentation Trend Towards Arbitration in Reverse

back to top >>

© 2006 | Home | Our Professionals | Services | Contact | Developed by Noble Image, Inc.