You are a powerful advocate for your client, which requires telling a compelling and persuasive story – that’s where an experienced trial technician (a “hotseater”) can help make your chronology and exhibits come to life. Not only can hotseaters free up your time to focus on strategy, rules and procedures, they can also provide input on crafting effective demonstratives and visuals to support your important perspectives.
Here are 5 critical considerations when it comes to working with a hotseater to present your evidence.
1) Hire a Professional for their Experience and Fluidity
The primary job of a hotseater is to make sure your points are dynamically presented in the clearest detail without a hitch. That may sound like a straightforward task, but an inexperienced individual can quickly get overwhelmed. This isn’t a job for someone in your office who is “good with computers” or a paralegal who rarely works with presentation technology.
A professional trial technician understands the dynamics of a courtroom and is prepared to think on their feet when things go haywire. A hotseater is extremely familiar with presentation software and the necessary equipment so that you don’t have to take time to learn about all the logistics. A hotseater also understands the different data types for images, video, audio, etc. and the best ways to show them.
If the information you’re showing in a trial or courtroom is significant, then it deserves to be properly presented by a hotseater that can make everything work seamlessly.
2) Scope Out the Stage
Don’t treat presentation technology as a last-minute afterthought – your case is too valuable, especially if you have video and audio evidence that you want to show. A hotseater will listen to what you plan to show and then make sure the equipment and setup all support your vision. This includes visiting the conference room or courtroom before the big day to locate power outlets and survey the layout – that will determine how many extension cords and cables are necessary. A hotseater also needs to know whether the location has a widescreen TV or a projector so they can be properly prepared.
3) Equipment Factors
A hotseater will have a number of questions to help determine what equipment will be necessary. If you’re showing a video or playing audio, they’ll need to make sure they bring speakers or can hook up to the room audio if possible. And even though hotseaters are quite proficient with digital presentation tools, they also know every trial team needs to have a printer onsite for printing last-minute exhibits or documents.
No hotseater would go into a presentation without having backups – both for equipment and evidence. While there is typically a primary presentation laptop, there should be at least one backup laptop that has a copy of all the same information. Hotseaters also often have multiple external hard drives to keep backup copies of documents and exhibits.
Lastly, trial teams need to be able to communicate freely throughout the proceedings, but you would never do that on the trial laptop. Hotseaters will typically have a separate computer or device for communication purposes.
4) Planning for Good Communication
Typically, by the time you bring in a hotseater for a litigation matter, you’re already familiar with many of the files and documents you’ve been using to build your case. You may refer to an important document as the “Smith letter,” but that name won’t mean much to the hotseater when you need it to be quickly pulled up on the screen. It is critical to establish with a hotseater exactly how you will reference documents and exhibits so as to avoid “dead air” or unnecessary confusion during the trial.
Also, it is extremely beneficial to do a run-through of your presentation before the live event. You don’t want to realize that a piece of evidence is missing from your presentation database during the trial/hearing, with all eyes on you and the hotseater.
5) Sharing Isn’t Always Caring (but sometimes you don’t have a choice)
If you take the time to engage a professional hotseater and everything goes smoothly, the opposing party may boldly ask if they can share your equipment for their exhibits as well. This typically causes more confusion than it’s worth, but in some scenarios a judge or court will require parties to share a hotseater and you have to act accordingly.
Having a professional hotseater as part of your trial team ensures you can offload the stress of equipment, setup, and logistics and just focus on your arguments. Nextpoint has been supporting trials for over 20 years, and they are ready to answer any questions about the technology and support you need. Contact them today at info@nextpoint.com.
Additional Resources
Trial Prep eGuide: The Essential Guide to Preparing and Presenting Your Case
Case Management Checklist: A Step-by-Step Plan for Comprehensive Litigation Success
Deposition Prep Kit: Attorney's Guide to Preparing for Depositions
Brett Burney is the VP of eDiscovery Consulting at Nextpoint Law Group and a widely recognized authority on the complex ediscovery and case preparation/presentation issues facing litigators today. In addition to consulting with corporations and law firms on their data management and legal technology issues, Brett is a journalist, podcaster, speaker, and author. Brett can be reached at bburney@nextpointlawgroup.com.
