Video depositions can be a great tool for both building and presenting your case (as discussed in Lawyer’s Guide to Legal Video: Why). A well run video deposition gives insight not just into the hard facts of the case but also the unspoken messages being delivered by hesitations and body language. However, everyone likely has a horror story of a video deposition gone horribly wrong. You go to play your video either at your computer or worse, to a jury, and all you can hear is the air conditioner running or perhaps there is a constant buzz that slowly drives you crazy. While the quality of the final DVD is ultimately the responsibility of the videographer shooting your deposition, here are some tips to keep in mind to ensure you always get the best video deposition experience possible.
5 Tips for Attorneys to Improve Video Depositions
- Watch your microphones!
No one likes wearing the lapel microphones, they can stick out awkwardly and give the inescapable feeling of being tied down (wireless mics bring their own host of problems). However, with the possible exception of the camera itself, the microphones are the single most important piece of equipment to having a great end product. Each set of equipment is different, but most videographers use mics that keep a tight focus directly in front of them which serves to minimize background noise. The unfortunate side effect to this however is that is very easy to obstruct the microphones. Jackets, hair, ties and/or stacks of exhibits resting against your microphone will result in muffled sound, static and oftentimes increased background noise as the videographer attempts to raise the other mics to compensate.
In a similar vein, it is better to remove then cover your microphone before privately conversing with co-counsel. Sticking a hand on top of your mic will block the sound from yours but will also create burst of static on the video record blocking out all the audio for the second or two.
- Cell phones are ok! (Except when they are not)
A few years ago cell phones proved to be a huge problem for video depositions, every email, text or data exchange would create a very specific and loud sound on the video record; the only way for videographers to guarantee a clean sounding video was to ask all cell phones not only be put away but also turned off completely. Yet as phones became more essential to the basic work day severing connection to your phone became unrealistic. Since then, many videographers have invested in shielded cables to eliminate this kind of interference, and phones and laptops can again be used freely. Nothing is perfect however and occasionally interference can still get through, if the videographer asks for phones to be put away, it is because the quality of the end product is being adversely affected.
- Heads up!
Oftentimes during video depositions, counsel or the witness will want to draw particular attention to an exhibit, be it a picture, a model or another video. Capturing exactly what the witness is referring to can be crucial to the deposition. However, it does take a few seconds for the videographer to zoom or pan to the appropriate shot during which they might miss whatever they were supposed to capture. Letting your videographer know what and roughly when you will be presenting pictures/models/etc. will not only lessen the time it takes, but also results in a smoother transition on the video itself.
- Breaks!
It’s easy to get in the flow of the deposition and lose track of time. Hours can pass in a blink of an eye. Most videographers still record on some kind of physical media, be it digital tapes or DVDs. While using media over pure digital does have its advantages (mainly a more stable backup) it does have the drawback of having a limited run time. These days most videographers can go between 1.5-2 hours before needing to switch their tapes or discs. However, that is a hard limit, when the time runs out the depo must stop.
Generally speaking, your videographer will try to make their media switch as unobtrusive as possible, doing it during normal breaks, but there are times when time is running out and counsel doesn’t seem to be slowing down. While the methods and times vary, your videographer will eventually notify you that time is running out. Listen to them! Questions generally take longer than anticipated so try to end things sooner rather than later. Nothing seems more disjointed then a video being cut off mid question, only for the next portion to start with a repeat of the same question. By taking natural breaks or wrapping up questions when given notice you can ensure a clean and professional looking record at the end.
- Buffer Time!
On a non-video deposition, it’s easy to go on and off the record at will. Simply tell the court reporter to stop typing and you’re off, videos take a little bit more than that. Most video sets run with at least two different recording devices to ensure a backup will be present, and each of these devices comes with their own “wind up” time. Your videographer may press the start/stop button the second you ask them too, but It still may take a few seconds before the recording actually starts or stops. Waiting until the videographer gives the go ahead or reads the on (or off) the record time will eliminate extraneous comments and half questions.
These are just a few small tips that will go a long way to ensuring your final DVD looks and sounds as professional as possible. Is there something we missed? Do you have any horror stories of depositions gone horribly long you’d like to share? Give us a call at 1-800-894-4327 to let us know and we’d love to answer any questions about why videographers prefer things a certain way. We might feature your perspective or story in a future article.
We recently published a comprehensive report about how video can be a great tool for attorneys in the litigation process called “Lawyer’s Guide to Legal Video: Why, What & How”. To access it, go to: http://www.mobleyreporting.com/lawyers-guide-to-video/.
ABOUT THE AUTHOR:
Steve Troncone has worked in the court reporting field for 11 years in multiple areas including videography, production, technology support and trial presentations. He has been working with Mike Mobley Reporting as a legal videographer and office support team member since May 2016.