For simpler cases, anyone with basic graphic arts skills can design demonstrative evidence such as text-based posterboards or computer slides (such as PowerPoint). For complex litigation, you need to consider hiring an experienced demonstrative evidence developer. Successful developers are a combination of artist, physicist, medical expert, engineer, and storyteller (depending on the case and their focus). They of course don’t need to be recognized experts in all these fields, but they do need enough competency to be able to communicate with those who are experts and to be able to create demonstrative evidence that accurately portrays the expert’s opinions.

When evaluating a prospective demonstrative evidence developer, review relevant samples of their work. If they work for a graphics house that only occasionally does forensic work, make sure they have a proper understanding of the litigation process and working with litigation teams. If they do not, expect to train them to ensure there are no admissibility problems and to keep your case on track. Ask for references.

Get multiple quotes for the work, but make sure you are comparing “apples to apples”. Unfortunately, until you have a specific idea of what you want, describing your apple can be difficult.  Asking how much a demonstrative evidence production costs without providing specifics is like asking a car dealer “How much is an SUV?”. It is also very much like having a client ask an attorney what the cost will be for a complex litigation case.

One way to get an idea of a firm’s capabilities and fees is to choose a sample from one of the firms you are considering that is similar to what you need. Ask each of the firms if they are able to create the same portrayal, what information they would need from you to do it and what the cost would be. While you are at it, ask them if they see anything wrong with the sample, and if they could have done it better.

If you just want to do some initial screening of potential developers, do not ask them the cost of a particular portrayal. Instead, briefly tell them what your client’s case is about, your position, and the opposition’s position. Then ask them what they would recommend for an initial demonstrative evidence strategy. You can learn a lot about a developer (and perhaps your client’s case) with a fifteen minute telephone call.

Appropriate credentials, experience, and willingness are important in case the demonstrative evidence developer needs to testify. Successful demonstrative evidence developers are team players, and are not intimidated by repeated changes, tight deadlines, and big egos.

An experienced demonstrative evidence developer is comfortable reviewing a large body of complex and technical evidence and information, and breaking it down into a clear and concise story, understandable to a non-technical audience. These skills can be particularly valuable to the litigation team if the expert struggles with communicating technical issues.  An experienced demonstrative evidence developer may be an asset to the litigation team’s efforts at understanding the technical aspects of their client’s case.

Since the demonstrative evidence developer will be portraying the expert’s opinion, it is important that he has an excellent working relationship with the expert. They must be able to communicate with each other without misunderstanding or confusion. Sometimes experts who are use to presenting their opinions only in reports and through testimony struggle with their opinions now being portrayed in three-dimensional living color. They may not appreciate the value of using demonstrative evidence the way the demonstrative evidence developer and litigator does. The demonstrative evidence developer must be able to work well with the entire litigation team to be effective. In addition, the demonstrative evidence developer must be able to prove to the expert that he is using the expert’s data correctly and accurately.