Domestic Diversions

The Big Picture

Simply put, Show and Tell works. It works better than just telling, better than just showing. We gain more information, and we lose it much more slowly. The most frequently cited study showed that recall of information presented orally and visually was at 85% after 3 hours and at 65% after 72 hours. Recall of oral information was only 70% after 3 hours and 10% after 72 hours. Recall of visual information was only 72% after 3 hours and 20% after 72 hours. Weiss-McGrath Study (McGraw-Hill 1989).

Ball, supra, at 50, says:
“What is seen is more persuasive than what is heard. . . . What is seen and heard at the same time is the most persuasive of all. This principle is the raison d’etre of plays and movies.
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“The legal rationale for using demonstrative and real evidence is to make clear an evidentiary point. But real and demonstrative evidence can also provide emphasis, picturization, concreteness, memorableness–the primary ingredients of persuasion.”

Fine, supra, at 36, 94, puts it this way:
“The witnesses and the evidence exist to validate the lawyer’s arguments.
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“Diagrams give you a perfect opportunity to get all the good stuff repeated.”

Mauet, supra, at 216-17, explains:
“This is the age of visual learning, so trials must become visual as well. Since visual aids and exhibits are often dramatic, and seeing is usually more persuasive than hearing, always consider using them. ”

Ball, supra, at 30, shows how to help your witness out:
“Give your witness something to show or demonstrate, especially early in his testimony. From that point on, you will have a more assured witness.”

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