Legal video can be one of the most important tools an attorney has when preparing a case for trial. A videotaped witness is not just words on paper but also conveys the witness’s tone. This may not be important for all witnesses but every trial attorney surely has a story about a witness they wish they had videotaped.
There are so many reasons why legal video is an important part of the litigation process. Below I have outlined of few of the most important ones.
6 Ways Legal Video Assists Lawyers:
1. Legal Video Preserves Witness Testimony
Legal video captures the deposition testimony of a witness and preserves it for future use. This is important for many reasons. First, there are times when a witness may not be available for trial and video recorded testimony may be substituted in lieu of appearance. Second, you may have a witness who is not completely honest. There is no more powerful way to impeach a witness than playing their own testimony to a jury. Third, the emotional impact of video is unmatched. The way a deponent states something in a deposition can never be captured on paper. They may say the exact same words on the stand at trial as they did during the deposition; but their tone, facial expressions and body language could be completely different, which can change the meaning or impact of the words. We all know that the majority of communication is non-verbal. Video allows you to capture all that is communicated so you may use it in court.
2. Video Engages Juries
Legal video often alleviates the boredom seen in some juries. In our media rich society, we are used to engaging with information in many formats, including text, audio and visual. Utilizing clips from synchronized videos and other legal video technologies not only keeps a jury engaged but also aids in retention. This brings us to our next reason why legal video is so important.
3. Video Influences Juries
Most trial experts agree that video influences juries in many ways. The real world of the trial attorney is not like what most people see on TV. Although, many seated jurors still expect the “CSI” experience. Legal video technologies can help deliver some of that to the jury and is a wonderful way to tell the side of the story you want the jury to hear. With so many people being visual learners, using video can help communicate the message the attorney wants delivered.
Marc Pera of Crandall, Pera & Wilt states:
“Many of my successful trials can be traced back to the use of video depositions. In some cases, I’ve played these video clips/transcripts during opening statement to demonstrate that the defense’s own experts support our case. In other cases, it has been through repeated impeachment with video clips. Either way, allowing a jury to see and hear a key witness support our case with previous testimony is invaluable.”
Lynnette Dinkler of Dinkler Pregon states:
“Impeaching a party, expert or witness at trial is always a key moment. Reading the deposition testimony back used to be the pivotal moment. But, now, with synchronized video the jury gets to see the spoken word, hear the spoken word, and see the spoken word stream across the screen. We know people process information differently. To have the ‘aha’ moments during a jury trial at the ready make all the difference. Video depositions are also a very valuable tool where the parties have had physical contact with one another and you intend to present the case on summary judgment. They should be filed with the court as Rule 56 Evidence to clearly illustrate the client’s positions.”
4. Video Assists During Trial Preparation
Synchronized video software allows clients to view the video footage of a proceeding while simultaneously reading the transcript on screen. Attorneys and paralegals can search the on-screen transcript for important words and immediately display the relevant passages on the monitor. By combining the searchability of a transcript with the exactness of video, synchronized video allows attorneys and paralegals to quickly review, locate, and present key testimony during preparation or the trial itself.
5. Video Assists Witness Preparation
Legal video is a great way to prepare a witness for their deposition or trial testimony. Using legal video in the preparation process allows the witness to review the video and see themselves live prior to testifying in a deposition or at trial.
According to Susan Blasik-Miller, Esq. of Freund, Freeze & Arnold:
“I use legal video to assist in deposition or trial prep of key witnesses. Although some witnesses have a compelling story to tell the jury, they may not be the best communicators. Seeing themselves on video and having an opportunity to review with them the facial expressions they make and/or the manner in which they speak is impactful. It can make a real difference in effectively explaining their side of the story to the jury.”
6. Video Streaming and Videoconferencing Allows More Participants, Less Travel and Cost Savings
Video deposition and trial testimony can be streamed live over the Internet for viewing by other members of the litigation team anywhere in the world. This allows for experts and other members of the team to watch the deposition or trial in realtime. In addition to transmitting the video feed, a realtime feed of the transcript can be sent as well. Our office facilitated a trial a few years ago involving attorneys from Seattle, Washington, Honolulu, Hawaii and New Orleans, Louisiana. The main attorneys were present in Dayton but we were able to stream the transcript and video to their associate attorneys and paralegals, allowing them to watch the trial live. This allowed them to help the Dayton attorneys prepare for upcoming witnesses as well as the next day’s proceedings.
Some attorneys shy away from video because they think the cost is prohibitive. While video is an expense, there are many times when video saves time and money for the client. The law in most jurisdictions allow for certain witnesses’ testimony to be presented to the jury by video. By using videoconferencing for depositions and video at trial, the travel expenses for experts and out-of-state witnesses can be saved.
Have you used video for depositions and/or during trial? How has it assisted you?
In this article, we’ve discussed a few of the ways video can be a great tool for attorneys in the litigation process. We recently published a more comprehensive report on this topic called “Lawyer’s Guide to Legal Video: Why, What & How”. To access it, go to: http://www.mobleyreporting.com/lawyers-guide-to-video/.