On Demand Audio

Seeing is Believing: Arbitration, Mediation and Trial in the Visual Age

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Produced on February 24, 2019

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Course Information

Time 1h 10m
Difficulty Intermediate
Topics covered in this course: Litigation

Course Description

As the ability to recreate various events and injuries has risen with the improvement of animation technology, so has the degree of juror skepticism about the evidence presented by attorneys in a courtroom. The internet has create an expectation that anything and everything can be made more understandable through visual presentation. One need only Google an upcoming procedure to find not only a video of the procedure being performed, but often an animation of the same. Still, even when lawyers provide compelling visuals, there is no guarantee that a juror will ever get to see the presentation. Once the province of trial alone this effort has now expanded into the realm of arbitration and mediation and includes all facets of visual strategy.

This program, presented by E. Drew Britcher, a Certified Civil Trial Attorney and Top 10 NJ Super Lawyer Selection and Tom Flanagan, President of Legal Arsenal, a former filmmaker and visual strategist, provides legal and technical insights on how to best use various approaches to increase the value and believability of your client’s case.

Learning Objectives:

  1. Understand Visual Learning
  2. Plan your visual presentations
  3. Determine when and how to use visual components
  4. Work with visual strategists in litigation

This course originally appeared as a part of our February 2019 Bridge the Gap event.  

Credit Information

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Drew Britcher

Britcher Leone, LLC

E. Drew Britcher leads our trial practice and has successfully prosecuted and resolved numerous complex medical negligence, product liability and other personal injury claims. He has been certified by the New Jersey Supreme Court as a Civil Trial Attorney, and has been recertified four times. Certification is considered a reflection of an attorney's experience, knowledge and overall skill.

Drew has earned a number of accolades that reflect his commitment to his clients. He was named as one of 500 Leading Lawyers in America by Lawdragon Magazine in 2008 and one of the Top 10 Lawyers in New Jersey by Super Lawyers Magazine from 2012 to 2016, Top 100 (2006-2017), and was named to the ten year top list in 2017. In addition, he is AV rated by Martindale Hubbell and was repeatedly named one of the Bergen's Best, by 201 Magazine in the fields of Personal Injury and Medical Malpractice.  He received the Above and Beyond Award from the American Association for Justice in 2017, the Distinguished Service Award in 2011 and earned similar awards from its predecessor, the Association of Trial Lawyers of America, in 2009 and 2004. In 1988, at the age of 28, Drew obtained a million-dollar verdict in his first jury trial. For this, he received the Professional Achievement Award from the New Jersey Bar Association, Young Lawyers Division. In 2018, Lawyer Monthly also recognized him as Lawyer of the Year - USA in its Legal Awards' Medical Negligence category.

Drew has served as either counsel of record or amicus counsel in more than 35 reported decisions of the United State Supreme Court, the New Jersey Supreme Court and Appellate Division. He is a Past-President of the New Jersey Association for Justice, formerly the Association of Trial Lawyers of America-New Jersey Chapter (ATLA-NJ). He has served as the Chairperson of their Amicus and Medical Malpractice Committees for over a decade. He is also a Member of the Board of Governors for the American Association for Justice.

Drew is a published author and frequent presenter on issues of medical malpractice law and trial practice. Among Drew's published articles are ones focused on New Jersey's Patients' First and Patient Safety acts, both of which Drew was influential in shaping.. Drew is an Adjunct Professor at Seton Hall Law School, where he teaches courses in Medical Malpractice Law and Medical Malpractice Litigation.

Drew was a founding member of the Board of Trial Lawyers Care, an organization established to provide free legal representation to victims and the families of victims of the terrorist attacks of September 11th. Drew and the Firm represented more than a dozen families and individuals before the program on a pro bono basis. He is also active in development efforts for the Interfaith Food Pantry, the YCS Foundation, the Morris County Youth Shelter and the Jersey Battered Women's Service. A soccer player for nearly 50 years, Drew was a member of the New Jersey/New York Host Committee for World Cup '94. In 2005, he was appointed by the Speaker of the General Assembly as a member of the Medical Care Availability Task Force.

Drew is admitted to the New Jersey and New York Bars and admitted to practice before the U.S. Court of Federal Claims. A graduate of Rutgers College, Drew received their prestigious Class of 1931 Award and has been inducted as a Loyal Son of Rutgers. Drew is also a graduate of the New York Law School, where he was admitted to the Order of the Barristers.

Tom Flanagan

Legal Arsenal

Tom Flanagan is the Founder and Creative Director at Legal Arsenal, a design and production company that supports trial lawyers by creating settlement documentaries, forensic animations, day-in-the-life videos, and medical illustrations. He has worked on over 500 cases since 2008 helping to bring in over $1.4 billion in settlements and verdicts.

Tom’s objective has consistently been to interpret a client’s story into a simple and persuasive visualization. 

Tom founded Legal Arsenal after spending over a decade producing breakout movie trailers for Universal Pictures, Sony, Walt Disney and his own company, Bad Dog Pictures.

Before Hollywood, Tom created award-winning commercials for leading ad agencies J. Walter Thompson, Scali McCabe Sloves, Backer Spielvogal Bates, and Bozell Worldwide.

He got his start working on the hit newsmagazine TV series, “A Current Affair.”

Tom earned a BFA from New York University’s esteemed film school.  His student thesis film received the prestigious Mobil Oil Award for best picture.


David R.

Riveting presentation.

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