#NoWordsNecessary

On my walk to work, pasted on a bus stop kiosk, I spotted an image of an elegant and frosty bottle of vodka. The poster bore no ad copy, save for this Twitter handle: #NoWordsNecessary. And it struck me how apt that phrase is for much of what we do in the world of insurance defense.

With the ubiquity of cell phone cameras, having the power and precision of the clumsy Nikons of old; and with social media (think Facebook, Instagram) dominating the way we communicate; jurors, judges, and fact-finders of all stripes expect PICTURES to help drive the narrative.  Whether it is a premises case, a construction mishap, a cause and origin fire investigation, a suspected first party fraud, pictures aid understanding and communication. And, if the picture is really telling, sometimes no words are needed.

Yet great care must be taken in evaluating photographs as evidence. Perspective, lighting and, frankly, the bias of the photographer can distort what really is there to be seen. If a matter comes to us, as it often does, without a field investigation, we invariably recommend a site inspection — or we do it ourselves.

It is folly to attempt to construct a defense without a deep understanding of PLACE — and that understanding is aided by photo documentation. And let’s not forget videos. In the post 9/11 world, much of what happens is captured on film — a nearby bank security video, a Duane Reade camera sweeping its parking lot, or a system used by a vigilant shopkeeper. All are potential sources of valuable evidence.

As lawyers, we take pride in being wordsmiths. But equally, we are gratified when we find an image that makes our words unnecessary.

And that’s it for this This and That. If you would like to comment on the power of images, please call or email Dennis.