Tuesday, May 19, 2020


My new book Visual Litigation: Visual Communication Strategies and Today’s Technology is being launched by Full Court Press, the publishing arm of Fastcase. My co-authors are Thomas O’Toole and Patrick Muscat.

As a new generation of jurors steps into the jury box, research shows that visual communication in the courtroom is more important than ever before. Effective visual presentation enhances engagement, understanding, retention, and persuasiveness, yet few attorneys receive visual communication training in law school. Visual Litigation: Visual Communication Strategies and Today’s Technology arms its readers with a comprehensive foundation for creating the compelling visual presentations that today’s jurors, judges, and mediators demand. Readers will benefit from a detailed discussion of visual advocacy, in both the pretrial venue and the trial, from opening statement through closing argument.

Visual Litigation includes pragmatic coverage of evidentiary foundations for visuals and ethical and legal boundaries related to what visuals may be displayed in trial. Visual Litigation also includes numerous examples of trial graphics, and guidance on how to leverage litigation software, such as Sanction, TrialPad, and SmartDraw.

Supplementary materials to the book are available via a robust companion website. Visual Litigation features role-play assignments for both a criminal and a civil case, and downloadable case files for those role-play assignments are available via the book’s website.

A word or two about my co-authors. Tom O’Toole is the President of Sound Jury Consulting, and he has practiced across the nation for over fifteen years in nearly every field of litigation. He received his Ph.D. in litigation psychology and communication at the University of Kansas. Pat M. Muscat is an Assistant Prosecuting Attorney and Deputy Chief of the Special Prosecutions Unit in Detroit where he has tried over 100 homicide jury trials using courtroom technology.  Pat has taught courses on a wide range of topics, including the Visual Trial, Digital Authentication, and other trial advocacy courses for the American Bar Association, the National District Attorneys Association, the Prosecuting Attorneys Association of Michigan (PAAM), and for many other groups, associations, and firms nationwide.

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