Official court documents are powerful persuasive tools. Yet many lawyers use a file-and-forget system. After they file and serve pleadings, motions to dismiss, and other court documents, these items immediately go into subfolders, where they metaphorically gather dust and are forgotten about. But if jurors see a key sentence or phrase at just the right time, the outcome of a case could change.
Here’s a non-court document example. A 100-word letter to the editor in a 1980 medical journal probably sparked the opioid crisis.
The aforementioned file-and-forget system is even more common prior to mediation. Court documents rarely play any role whatsoever in mediation opening arguments. While it’s true that mediators review files before meeting with parties, timely presentation of a specific court document excerpt usually changes the tone of the negotiation session.
Creating Persuasive Documents
Proper presentation of court documents is a game changer. This outcome is only available if lawyers draft and file persuasive documents with an eye on later incorporation into a persuasive legal timeline or other such device.
Most states are notice pleading jurisdictions. The ability to create a persuasive pleading or other court document is mostly a lost art. The major points of emphasis are:
- Logos: Logical appeals usually have a three-part structure. These arguments start with evidence to support claims and validate points. The writer then draws conclusions based on that evidence and uses examples to help readers connect the dots.
- Pathos: Emotional appeals often start with strong words, like onomatopoeia in personal injury documents (crash, crack, etc.). Supplement the emotional language with metaphors and narratives that establish an emotional connection to the text. If possible, supplement it even further with visuals.
- Ethos: Appeals to credibility are very important in most court documents, especially something like a motion to dismiss. Ethos means not only undermining the credibility of another but also shoring up your own credibility. In other words, the audience must believe that you’re right and the other person is wrong.
When they create documents, many lawyers over-emphasize certain areas. A motion to dismiss is a good example.
Generally, these motions are logos heavy. They’re designed to persuade a judge. But in the bigger picture, remember that the judge isn’t the only audience. Later in the process, the audience will be a jury and/or a mediator. So, do not discount the importance of pathos and ethos in a motion to dismiss.
Filtering Court Documents and Building a Legal Timeline
Some court cases involve few court documents. The charging instruments may be the only court documents in a criminal defense matter. These instruments may be shorter than the aforementioned opioid addiction letter to the editor.
However, most files, particularly medical malpractice matters, may contain hundreds of pages of documents. A lawyer cannot possibly present that much information in a persuasive way. So, a filtering tool is essential.
Many tools for lawyers use technology that’s similar to Google search pages and ChatGPT summaries. An AI-driven tool filters information based on keyword and content.
We discussed the proper audience for a court document above. The lawyer that writes the court document is also an audience member. When the AI tool filters documents for inclusion in a presentation, the tool uses content and keywords to find the needle in a haystack. A lawyer should structure a document appropriately.
Furthermore, a timeline is a dynamic presentation. Based on the publication audience (mediator, judge, or jury), some court documents are more important than others. Going further, specific words and phrases in those documents are more important than other words and phrases. A presentation tool must be smart enough to recognize and account for these differences.
If you think such an AI tool sounds like an associate lawyer or summer intern, you’re right. But now, instead of giving these mundane tasks to professionals, there’s a better way.
Game-Changing Evidence Presentation Software
Informal Settlement Negotiations and Court Documents
Strategic document drafting and using legal timeline software is an investment on the front end. The investment pays off, in the form of less work and better results, on the back end.
Lawyer-designed Case Crafter is based on a timeline of events. For example, a med mal timeline might start with the initial doctor-patient conversation. Case Crafter’s interactive timeline allows a lawyer to include audio, video, and deposition excerpts, so audience members feel like they were sitting in on that meeting.
Let’s be honest. This powerful persuasive tool probably won’t sway an opposing lawyer during informal settlement negotiations. But an enhanced PowerPoint presentation convinces an opposing lawyer that you’re loaded for bear and confrontational resolution, during trial or mediation, is probably a bad idea.
So, the opposing lawyer becomes a motivated seller, giving you the inside track to maximum compensation or another favorable resolution.
How to Present Court Documents
Court document presentation via Case Crafter is very similar during both trial and mediation. The software supports multiple timelines tailored to specific uses.
Typically, lawyers create the timeline in their offices. Case Crafter’s collaboration feature allows timeline authors to pull in other professionals, even those outside the firm, and limit their access privileges. Therefore, security and control are no problem.
In terms of court documents, trial timelines usually focus on logos and pathos. Mediation timelines usually focus on logos and ethos.
A lawyer controls this presentation with a dashboard on a tablet, smartphone, or other device (ideally a tablet). The presentation itself is something you need to see to believe. A lawyer uses a basic touch-sensitive, drag-and-drop dashboard to broadcast a timeline onto an HD monitor. The color-coded timeline of events includes court documents and other pop-up features.
Security is also no problem during presentations. Case Crafter uses a closed-loop LAN that isn’t dependent on spotty and insecure conference room and courthouse WiFi.
Summary
The era of file-and-forget Legalese notice pleading documents is over. What once was the underground and unseen foundation of a case is now an effective persuasive tool, during informal settlement negotiations, mediation, and trial. A legal timeline presentation tool enhances court documents and brings them to life for jurors and mediators.
FAQs
What are some basic court documents?
All court cases start with a petition or complaint. The defendant usually files a written answer. Other court documents include procedural motions, like motions to dismiss, discovery documents, and some official reports.
How do lawyers write court documents?
Most court documents contain certain legal words and phrases. Attorneys also add legal arguments and cite evidence.
What happens to court documents?
Court documents become part of the official case record. Each party keeps a copy of all court documents. Furthermore, these documents are part of the public record and almost anyone can request a copy for almost any reason.
