December 03, 2009
What you should know before scheduling a videoconference deposition by Grover Mundell
Videoconferencing can be much better than flying to depositions, but how you prepare will make all the difference.
Attending depositions over videoconference has become commonplace for many law firms whether they do so to save travel time, to save costs, to go green, or simply to avoid the hassle of air travel. It really makes all the sense in the world. Videoconferencing is not what it once was; the technology today is a good proxy for physically being somewhere else. These days, big high-definition television screens connected to high-definition videoconference cameras with high-fidelity audio can be spotted in deposition suites all across the country. These deposition studios are interconnected with reliable networks, and are specifically in place for remote deposition taking at literally hundreds of locations throughout the country. Moreover, these deposition suites can connect to thousands of videoconference studios around the world. The days of “Max Headroom” jerky video are long gone. Today’s systems allow an attorney to see sweat to begin to bead on a witness’s forehead while looking them in the eye, being effectively congenial or intimidating.
Of course there are the other benefits. Many would agree that flying from Maine to Mississippi to take a two-hour deposition may not be an effective use of one attorney’s time. But through the use of videoconferencing, bringing a team of 2 or 3 to a videoconference studio in Bangor to depose a witness in Biloxi is no more costly than going to the studio alone; videoconferencing provides for more participation at less cost. Also consider the inevitable rescheduled or canceled deposition; a rescheduled or cancelled videoconference is much easier to deal with than a frantic call to a road warrior on their way to the airport.
So what do you need to know to book a videoconference deposition? Here are a few tips from the experts at Remote Counsel Network (http://locate.remotecounsel.com), who have done thousands of depositions this way.
1) Give Clear Notice. The notice to take deposition should clearly state the time, time zone and location where the witness will appear. It should also note the time, time zone and location at which the attorneys will be attending. The way to achieve clarity is to break this out as separate paragraphs on the notice.
2) Plan Ahead For Exhibits. If you are not able to ship pre-marked exhibits, make sure the location where the witness will appear can accommodate heavy volume faxing or can print emailed documents during the deposition.
Other alternatives include using a document camera to show paper content via the videoconference. Or, if the content is electronic and exists on a laptop, it can be shown electronically by connecting the laptop to the videoconference unit. However this requires a savvy user and should normally be handled by a second chair or a paralegal at the deposition rather than the taking attorney. Showing content over videoconference requires specialized equipment, so if this is important you should confirm this capability when scheduling the videoconference room. You would also need to have the exhibits scanned and available on a laptop prior to the start of the deposition.
3) Arrive early. Videoconference time is valuable and arriving late costs everyone money. Also keep handy the far site location name and contact person and the number of the room rental vendor so any technical issues can be quickly resolved.
4) Schedule Precisely. Get an accurate estimate of the likely duration of the deposition to maximize your savings. Videoconference rooms are rented by the hour.
5) Check Your Protocols. Is the site you are calling using the same communication protocol as your system? If your videoconference system is running over IP and the room you are renting has only ISDN, you will need to run the call through a Gateway service. Also if there are more than 2 sites connecting you will need a Bridging service. In either case, the room rental vendor (http://locate.remotecounsel.com) can set up these services for your call.
6) Know Who’s Where. For videoconference depositions, the court reporter is usually hired at the witness location and if a video record is needed, a videographer can be hired also at the witness location, just as you would do if there were no videoconference. However, it is increasingly common (particularly for international depositions) that the court reporter by stipulation is not at the witness location but rather takes down the testimony via the videoconference. It is also not uncommon for a videographer to monitor a videoconference remote from the witness and make a video recording from the videoconference itself. Witnesses can be sworn by a notary or someone locally if needed.
Videoconference technology has sufficiently matured that high quality, reliable videoconference depositions are executed without a hitch around the country every day. By keeping a few simple planning points in mind, you can use videoconference technology to save money, save time, avoid hassle, and even bring in additional minds without additional cost. Any one of these benefits can lead to greater success. Together, they make a compelling case.
Grover Mundell, President - Litigation Services Courtroom Connect As the president of litigation services at Courtroom Connect, Grover Mundell is responsible for providing, audio, video, text, and connectivity to court reporters and litigants before trial. Prior to joining Courtroom Connect, Grover was a vice president of the Real Legal® division of LiveNote® where he managed development of Real Legal tools such as iBinder®, Binder®, and E-Transcript®. Grover also manages the Remote Counsel Network, a network of more than 300 court reporting firms who rent videoconferencing equipment in deposition suites to attorneys and others. Additionally, Grover oversees Courtroom Connect's Internet and video streaming services.
Grover holds a BS in Business Administration from West Texas A&M University, and has more than 20 years of legal industry experience.
www.courtroomconnect.com
http://www.linkedin.com/in/grovermundell