No one can doubt the exhilaration and feeling of immense pride when at the conclusion of a protracted trial, the jury announces a substantial verdict.  However, when we reflect on the long road to trial, the years of delay, tremendous cost and the frustration endured by our client, surely in some cases there must be a better way. 
  For years, we have all used various tools and tactics to secure the adequate pretrial and even pre-suit conclusion of injury and death cases.  The written settlement brochure, complete with photos, client narratives and physician reports has been of some assistance.  However, these brochures lack the emotion of the case and simply present as "black and white" words on a page.  Further, the written settlement brochure can be browsed quickly and during the review, the adjuster or opposing counsel can be interrupted by phone calls, urgent meetings and the like. 
  There needs to be a method to present the guts of the case: a clear and powerful outline of liability and most importantly, the hurt, the emotion and the devastation felt by our client.  The discovery deposition of the plaintiff and his experts hardly provides such an outlet when it is bogged down with technicalities and lawyer posturing. 
  All the disadvantages of the written settlement brochure and tedious discovery depositions can be alleviated with a professionally produced, well-edited video settlement brochure. 
  Since our office has employed the use of video in well over two dozen cases, we've had the opportunity to make every mistake in the book- mistakes this article is intended to preclude. 

NEED FOR TOP QUALITY 

  First, the video must be top quality, worthy of being seen on prime time television.  Any inferior product will be viewed by the carrier and counsel as amateurish and indicative of sloppy preparation.  Only 3/4" equipment can be used, the same equipment used by the television news crews, not the ordinary 1/2" variety we use at home to film the proverbial birthday parties and the family dog fetching the stick.

 The 3/4" format provides crystal clear  replay and magnificent clarity.  Even to the untrained eye, there is simply no comparison with the 1/2" format. 
     This top-quality work can only be mastered by using a production company skilled in the art of making commercial quality films, hopefully with a track record of multiple settlement videos, not the deposition video company or worse yet, the neighbor who shoots weddings for $50-$100.  Quality costs and there is a tendency to short cut.  However, if you can settle a case without the necessity of a two week trial or settle the case prior to a parade of costly depositions, the average cost of $5,000 to $10,000 for a professional video brochure is well worth the cost.  So don't skimp. 

DO NOT BE ADVERSARIAL 

  Second, the tenor of the video must not be adversarial or dogmatic.  The carrier doesn't need to see your face with a shaking finger, proclaiming how you will kick their behind if the case is tried.  The emotion should come instead from the damage witnesses and plaintiff.  The role of the attorney should be that of moderator, confident, but not overly aggressive.  The video is no place for closing arguments. 
  Since you are paying a pretty steep price for the video, it's easy to get carried away and want to be the star.  This is a mistake.  The attorney's face should comprise only minimal time on the finished product, a minute or so at the beginning and maybe a minute or so at the conclusion.  The skillful editor will be able to "bridge" the various segments of the tape without using your talking face.  There are some attorneys who do not appear in the tape but, instead, employ a "professional voice," radio announcer, or TV person, to narrate the tape without ever appearing on camera. 
  

  Who decides on the content?  Ultimately, the attorney must assume this role since you know the desired information for settlement leverage.  In most cases, our tapes have been divided one-third liability and two-thirds damages.  However, we have produced a purely damage tape in a case where liability was fairly indisputable.  In another, we presented only liability since the damages in that case were clear. 
  After you decide the direction and emphasis of the tape (liability and damages, damages only, liability only) the production should be left in the hands of the professional.  While you may have some constructive input, please believe that the professional has a better sense of visual and audio production than you. 
  There needs to be a short introduction.  "My name is ________, I represent ________, the purpose of this video is to tell the story of _________.  Let's begin by talking about how this tragedy occurred."  Short and sweet, 30 seconds to a minute.  As you discuss the auto incident, medical negligence act, product failure, etc., the professional can display the accident scene photo or video tape, the scene of an operating room, or product components, etc. 
  Next would come short clips of the fact witness interviews, neatly spliced with no need for introduction, since the professional will display his or her name and role on the scene, similar to TV news in JOHN SMITH, EYE WITNESS.  
  If liability experts are to be used, they should be very short, limited to a 1-2-3 blackboard approach.  The professional may, over the voice of an expert, display a solid color scene and as the expert lists the auto speed, the breaches, mistakes or product failure, etc., simply print on the scene an abbreviated list: 

BREACHES OF THE STANDARD OF CARE 
1. Failure to timely diagnose 
2. Failure to timely treat 
3. Failure to initiate follow up.