Thinking Outside (And Sometimes Inside) the Box

In the world of sports, as in law, innovation can change the game. A prime example of this is the story of Tuariki John Delamere, a New Zealand long jumper who, in 1974, did something that had never been attempted before in an official competition: he executed a front flip during his long jump attempt. This bold move was born out of necessity—Delamere was being outperformed by his competitors and needed a way to gain an edge. With the guidance of his biomechanics professor, he discovered that a front flip could convert his upward momentum into forward distance, potentially giving him the critical inches needed to outjump his peers. Although his innovative technique was later banned, Delamere had already made history by challenging the status quo and pushing the boundaries of what was considered possible in his sport.

You can watch the full story here: Tuariki John Delamere’s Innovative Long Jump.

So how does this relate to the practice of law? The lesson from Delamere’s story is clear: success often requires thinking differently and embracing unconventional methods. As a prosecutor and for the past twenty-four years as a litigation/visualization consultant, I’ve taken this lesson to heart.

Early in my career, I realized that merely presenting facts and arguments in a traditional manner wasn't enough. Jurors and judges needed to see the story unfold, to visualize the evidence in a way that resonated with them emotionally and intellectually. This realization led me down a path of continuous learning and innovation. I studied multimedia at the Massachusetts College of Art, learned programming skills to create interactive presentations, and delved into forensic video analysis at the FBI Academy. These skills enabled me to create 3D crime scene and accident scene recreations, develop interactive timelines, and produce compelling visual narratives that could sway a jury’s perception and understanding of a case.

In my work at WIN Interactive, Inc., I've applied these unconventional tools and techniques to a wide range of cases—from complex civil litigation to high-profile criminal prosecutions. I didn’t just rely on the traditional methods; I expanded my toolkit by developing cutting-edge technology and visual communication strategies that could make a difference in the courtroom. I now train law students in these skills.

But here’s the challenge: too many trial lawyers today still rely on outdated methods. They neglect the powerful tools available—like interactive timelines and crime scene recreations—that can dramatically enhance the way a case is presented. In a profession where the stakes are high, the failure to innovate can mean the difference between winning and losing a case.

Moreover, with the rapid development of AI and other technological advancements, the need to think outside the box is becoming more critical every day. AI can analyze evidence, predict case outcomes, and even assist in crafting arguments. But these tools are only as effective as the lawyer who knows how to use them creatively and strategically. Dean ANdrew Perlman of Suffolk Law School (my alma mater) explains it this way: “The future will not involve a competitive battle between lawyers and generative AI. The battle will be between lawyers who are comfortable learning how to use these new tools and lawyers who are not."

In conclusion, Tuariki John Delamere’s innovative leap inside the long jump box serves as a powerful reminder that thinking outside the box can lead to groundbreaking success. As trial lawyers, we must be willing to push the boundaries of what’s possible, to explore new technologies and techniques, and to continually adapt to the changing landscape of our profession. Only then can we ensure that we’re delivering the best possible representation for our clients.

Brian J. Carney, Esq.

President, WIN Interactive, Inc.

Forensic Video Analyst and Litigation Consultant

Adjunct Professor of Law, Quinnipiac University School of Law

Developer of TimeLaw and CrimeLines, interactive timeline builders for lawyers, paralegals, investigators and law enforcement.

P.S. The image at the top of this article was created uding ChatGPT.