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After Mark nished his presentation, the judge allowed a break, and the jurors left the courtroom. Now it was the defense team s turn to present its opening statement. They got their PowerPoint presentation ready on their own laptop computer, and they rolled back the podium to where it had been before Mark moved it, in front of the jury box. When the jurors returned, the defense lawyer walked up to the podium, looked down at his printed notes, and began to read his opening statement to the jurors. In the crucial rst few minutes of the presentation, when it is essential to make an audience feel like the presentation is all about them, the lawyer recited the details about the admirable history of the company. Instead of making the presentation human by telling an anecdote about a real person, he cited dry data about the millions of people the company aims to reach with its various drugs. As he read the prepared script in formal and impersonal language, someone else on his team advanced the PowerPoint slides forward on the computer, sometimes missing a cue and leaving a disconnect between what the lawyer said and what the jurors saw. The lawyer occasionally turned back at the screen behind him to point at a complicated chart or a long passage of text. Rather than display a dynamic and engaging visual experience, the lawyer next showed a slide with a formal photograph of the company s former CEO in a coat and tie as he talked about the CEO and his family, his biography, his public service, and his civic involvement. Missing the chance to connect with the everyday people in the jury with color and character, the defense lawyer continued on with slides that showed formal photographs of other corporate executives, their Ivy League educations, detailed biographies, and long lists of accomplishments. Missing the point that less is more, later the lawyer displayed the familiar bullet points, charts, and long passages of text that the jurors strained to read. The defense lawyer s relationship with the jurors never warmed up with the chilly and formal tone of the prepared talk. The podium that was now in front of the jurors had erected a wall between the presenter and his audience, the prepared script took away the lawyer s natural voice and spontaneity, and the PowerPoint slides on the screen became a 10-foot distraction from the lawyer who was speaking. At the end of the defense s presentation, everyone stood as the jurors left the courtroom, and then the court adjourned for the day. If what lawyers believe is true, the presentation the jurors had just experienced would play a signi cant role in the verdict they would
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reach at the end of the trial. Whatever the jurors thought that day, the journalists in the room wasted no time in pronouncing their verdict about how they thought the two PowerPoint presentations had gone.
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The news media cover opening statements of legal trials every day, but it s unusual when the topic of the coverage is the presentation style itself. According to the coverage of this opening statement the next day, something exceptional had happened in the Angleton courtroom. According to Fortune s account, Mark gave a frighteningly powerful and skillful opening statement, speaking without notes and in gloriously plain English and taking on the defendant with merciless, spellbinding savagery (Roger Parloff, Stark Choices at the First Vioxx Trial, Fortune, July 15, 2005). The reporter had not noticed that Mark did have a form of notes his PowerPoint presentation in Presenter view on his laptop below the jury box. The New York Times reported that in comparison with Mark s opening, the defense lawyer s presentation was staid and that he read portions of his statement and illustrated his talk mostly using blue-and-yellow PowerPoint pie charts and long excerpts of letters from the Food and Drug Administration (Alex Berenson, Contrary Tales of Vioxx Role in Texan s Death, New York Times, July 15, 2005). The difference between the two approaches presented jurors with a choice that day, according to Fortune: The trial offers jurors a stark choice between accepting Lanier s invitation to believe simple, alluring and emotionally cathartic stories and the defense s appeals to colorless, heavy-going sopori c Reason. Lanier is inviting the jurors to join him on a bracing mission to catch a wrongdoer and bring him to justice. In contrast, the Fortune article continued, the defense is asking the jurors to do something dif cult and unpleasant like well taking medicine. Six weeks later, the trial ended, and the jurors entered the jury room to deliberate. After a day and a half of discussion, the jurors made a decision, and the journalists and lawyers lled the courtroom again to hear what they would say. The jurors awarded the plaintiff a stunning $253 million verdict. Amid the storm of international headline news, the pharmaceutical company s market capitalization fell $5 billion (Alex Berenson, Jury Calls Merck Liable in Death of Man on Vioxx, New York Times, August 20, 2005). After the verdict was announced, the Wall Street Journal reported one juror as saying Whenever [the defense] was up there, it was like wah, wah, wah, . . . imitating the sounds Charlie Brown s teacher makes in the television cartoon. We didn t know what
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