Court Reporting Blog

October 9, 2012 By Dawn Houghton

How to Prepare Your Witness for a Video Deposition

Having participated in many video depositions, we are often asked if we have any tips for preparing a witness for video. When planning our video deposition, here are a few areas you may want to consider.

1. Clothing: Your witness should be advised to wear comfortable but professional clothing. Avoid clothing that has a bold pattern, such as stripes. Ask your witness not to wear loud ties or large jewelry. Black or white clothing can make it difficult to get the right camera exposure. Suggest to your witness that they wear light and pastel colors with no patterns. These colors will make it easier for the videographer to capture a good color balance. If your witness is wearing a jacket, ask him or her to keep the jacket on during the entire deposition.

2. Posture: A witness should look comfortable and natural. Ask your witness to sit up in the chair comfortably with both feet on the floor and lightly rest both hands on the table. You may want to ask your witness to avoid leaning back in a chair or crossing arms.

3. Facial Expressions: The main focus of the video will be on your witness’ face. Facial expressions, such as eye rolling or grimaces while a question is being asked, can be distracting to the viewer. Suggest to your client that he or she should maintain a pleasant neutral expression while listening to questions and answering.

4. Fidgeting: Your witness may be nervous and may unconsciously fidget. Instruct your witness that, even though a written transcript will not reflect fidgeting, it will be noticeable to viewers of the video.

5. Long Pauses: Ask your witness to avoid long pauses between a question and an answer. Long pauses may be interpreted by the viewer as evasive or signify that your witness is hiding something.

6. Visual Focus: Instruct your witness to look at the questioning attorney at all times. Looking straight into the camera is not desirable. Nor should your witness look up at the ceiling or down at the table while answering questions. If asked to read a document, instruct your witness to look down while reading, then look up at the attorney who is asking questions while answering. This will allow the viewer to clearly see and hear the witness while they answer.

7. Cell Phones: Before the deposition begins, ask all attendees to turn off their cell phones or wireless communication devices. Ringing cell phones can be distracting, especially if it is the witness’ own cell phone that is ringing and needs to be silenced. Even the “silent” setting can cause interference with the audio of the deposition.

8. Backgrounds: Place your witness in front of a blank wall or neutral backdrop. Do not place the witness in front of a window or large piece of wall art. Do not place the witness in front of an area where foot traffic will be occurring. Distractions such as these will detract from your witness’ professional appearance.

9. Lighting: If the lighting in the room causes excessive shadows on your witness’ face, move the witness to a better-lit area. You don’t need to bring in professional lighting, but pay attention that the lighting that is available is not a distraction to viewers of the video.

10. Certified Legal Video Specialist: When scheduling the video deposition, request a Certified Legal Video Specialist. Specialists are trained in how to properly record a video deposition. Professional camera and microphone equipment will eliminate unwanted distractions from poor quality video or audio.

Video depositions can be very beneficial to you when presenting evidence to a jury. With these simple tips, you will be able to prepare your witness and avoid unnecessary distractions that can diminish the usefulness of your video deposition.

To learn about other legal technologies, download our special guide “5 Technologies Every Attorney Must Have”.

September 24, 2012 By Dawn Houghton

How to Find a Michigan Court Reporter for Your Deposition

Finding and hiring a good court reporter is essential for an accurate record of a witness’ testimony. Here are a few simple things to take into consideration before you call a court reporter to schedule a deposition.

1. Decide what type of court reporter you will need. Consider whether you will need video, realtime transcription or expedited transcripts. These are a few of the specialized services not offered by all court reporters. If these specialized services are required, you will want to ask about those services when you begin contacting court reporting firms.

2. Assess specifics of the deposition. It is good to have an idea of what length of time you anticipate the deposition to last. You will want to have the date set so that you can schedule a reporter for the date you need when you call.

3. Ask other attorneys for recommendations of reporting firms. By taking recommendations from other attorneys, you allow the other attorneys to screen candidates for you. An attorney is unlikely to pass along a name of a court reporter that did not provide good service.

4. Inquire about court reporting experience and certifications. There are differing levels of certification for court reporters. Most states require certification before a court reporter is allowed to offer services. There are also national certification levels. A few common levels are:

RPR – Registered Professional Reporter – Reporter has knowledge, skills and ability to produce a high-quality verbatim record.

RMR – Registered Merit Reporter – Advanced level court reporting skills

RDR – Registered Diplomat Reporter – Highest level of excellence in court reporting

CRR – Certified Realtime Reporter – High level of speed and accuracy while producing realtime transcription.

With a little bit of planning ahead of time, you will be better prepared when you begin calling reporting firms for a deposition. Use this list to get started in your search.

Are you looking for a court reporter in Michigan? Schedule one now with the O’Brien and Bails online Deposition Scheduler.

September 8, 2012 By Dawn Houghton

Legal Video Depositions: 7 Reasons to Use Video in Depositions

If you have not yet used video in your legal depositions, it’s time to consider the many benefits that you can derive from this technology.

There is no doubt that we live in a video world. Video cameras are embedded everywhere from the battlefield to the football field. The legal field is no exception. Video depositions can be one of the technology tools in any attorney’s toolbox. There are several advantages to using video in depositions. Considering each one of the following benefits will allow you to ensure you are taking full advantage of all the ways video depositions can be a benefit to you and your client.

1. Demonstrate a witness’ body language

Quite simply, legal video depositions assist attorneys in presenting a more compelling case. If you have a deposition transcript read into the record at trial, you are failing to show the jury the witness’ spontaneous reactions, emotional state and body language. You are losing the pregnant pauses, nervous fidgeting and angry glares. You are losing the opportunity to show the witness’ full demeanor when testifying. This may become important to a jury or in preparing your team for trial.

2. Hold the jury’s attention

Video depositions are much more likely to hold the jury’s attention. As you are presenting evidence, the last thing you want to see is a juror who has clearly lost interest and is not focused. In this age of television and YouTube, we are all conditioned to pay attention to a video screen for long stretches of time. Jurors will pay attention much longer to a deposition video than they will listen to a transcript being read into the record.

3. Bring a witness to trial who cannot attend in person

A video deposition can be used in the instance where a key witness will not be able to attend the trial. This situation could be due to the distance the witness may have to travel. It can also be due to physical or medial reasons that prevent the witness from attending. Video equipment can be brought to the witness who is unable to attend. In the case of an ill witness, video depositions can be set up in a hospital or nursing home if necessary. Using video in this way allows all parties to fully participate in a deposition without needing to be in the same physical location.

4. Save costly expert witness fees and travel expenses

Often a doctor or other highly qualified and respected witness may be used to offer an expert opinion. The cost of using their services can be rather high, especially if the witness has to travel and remain at the trial for several days. Having their testimony on video will give you the ability to use their words any time during the proceedings and to be repeated, if necessary, during your closing arguments. The cost savings in this situation can be enormous.

5. View of physical evidence

Video allows a judge and jury to view a witness handling an object of evidence. If you use a transcript of a deposition and read it into the record at trial, the members of the jury, as well as the judge, will not be able to view the witness handling the object in the same manner and from the same angle. If the deponent’s handling of the object is critical, then capturing the activity on video is one way to ensure that everyone sees the same behaviors.

6. Preparing for trial

Outside of the courtroom, video depositions can also be a valuable tool for reference when considering whether to use particular witnesses at trial and when preparing for the direct or cross-examination of those witnesses. By using video at depositions, you will be able to review the video and make assessments during your preparation when you are planning and fine-tuning your trial presentation.

7. Impeaching a witness

Video deposition testimony may be used to impeach a witness if they change their testimony at trial. This is a common use of deposition video in court. Seeing the witness make an obviously different statement on the video than what they said in court has a much greater impact than simply reading written transcript testimony.

Using video strategically in your depositions can increase your effectiveness at trial and give you and your client a better result. If you decide to use video, contact your court reporter to help you set up the details. Ask what they will require in order to conduct a video deposition. With a little planning, you can strategically use video in your depositions and get the maximum benefit from this technology.

For more information on legal technologies, download this free report: “5 Technologies Every Attorney Must Have.”

August 29, 2012 By Dawn Houghton

Michigan Legal Technology: Streaming Realtime for Depositions

Streaming Realtime Transcription: Definition: The term for transcription by court reporters to deliver computer text, audio and video of speech within seconds of the words being spoken.

Realtime used to be transmitted by text only. Technology advancements now allow realtime transcription to be transmitted with audio and video of the proceedings as well as text. Users can see the text and video from any computer as the witness answers questions. Streaming realtime can be viewed from any computer, whether in the same room as the proceedings, or can be viewed remotely from another location.

Here are some of the benefits of using realtime transcription you don’t want to miss:

View text and video in real time during the proceedings. This means while the witness is testifying you can see exactly how the testimony is coming in viewed from text as well as video. If a deposition will be played for a jury at trial, having video and audio available will allow your jury to view and hear the demeanor of the witness as he or she is testifying. Text-only testimony is often missing this layer and not portraying all that is being communicated by the witness through body language and voice inflection.

Attend and participate in depositions remotely from any computer with an internet connection. With streaming video, you are able to attend several depositions in different cities on the same day. The court reporter will be in the room with the witness. One or many attorneys can be present via live streaming video and participate fully in the proceedings. You can also use this technology to avoid expensive travel to depose witnesses in other states in some circumstances.

You have complete access to testimony while proceedings are in progress. Live streaming often comes with the ability to search text while the deposition is occurring. You can scroll back to review a previous answer while the deposition continues. Ask your court reporter if this capability is available before the deposition begins.

Obtain a rough draft copy of the transcript after proceedings have concluded. A rough draft allows you to use the testimony as soon as you get back to the office in preparing for your next deposition in the case, rather than wait to see the transcript several days later when the court reporter furnishes the official copy. A rough draft copy can be invaluable in allowing you to continuing preparing your case in a timely manner.

Getting Started: When scheduling a deposition, ask your court reporting firm if they provide realtime text and video transcription. Realtime transcription is often provided at higher rates than regular transcription, so be prepared to pay a little more for the convenience of realtime transcription. The benefits will be well worth the higher rate and allow you to be more effective and more productive.

To learn more about legal technologies, download this free report: “5 Technologies Every Attorney Must Have”.

August 13, 2012 By Dawn Houghton

Michigan Legal Technology: You Can’t Afford to Fall Behind

Michigan law firms today know they need to stay up to speed on legal technology to stay relevant. For most lawyers, survival will depend upon the ability to harness technology to deliver greater value to clients.

If you’ve had your nose to the grindstone building your client base and career, then you may not have taken time to play with computers and all of the new gadgets and software programs out there. But lack of time is no longer a good excuse to neglect the new available technologies. Whether you’re a new lawyer ready to dive into legal technology tools or a skeptical veteran dipping into the world of technology for the first time, here are a few steps to get you started.

Commit time to learning.

There’s no question new technologies take time to learn. If you haven’t dedicated much time to learning these new technologies, you run the risk of becoming known as the clueless attorney who can’t turn on his own computer. That’s not a good reputation to have.

Learning technologies is a continuous process. You can’t learn it all this week and then be done with it. New technology is coming along faster than ever before. Committing a little time each week to learning and using new technologies will get you moving in the right direction.

Start where you are.

If you have an iPhone but don’t know how to use most of the features, this is a good place to start. Or maybe you’ve heard of iPads but have never touched one. It’s time to start playing and becoming more familiar with what you already have. It’s as simple as asking someone to show you how to download the New York Times app to your iPhone or show you how to access documents on an iPad.

Add simple technologies.

If you’re still using just one monitor on your desk, add a second monitor and learn how to use it. Even if you have a laptop, a second monitor can be easily added. Your productivity will increase in no time. Before you know it, you’ll wonder how you ever got anything done with just one screen.

Or learn how to use the Min-u-Script transcripts you’ve been receiving from your court reporter. Learn how to use the search feature more effectively to find portions of testimony and exhibits you need when writing your brief.

Get a LinkedIn profile. Learning social media may not seem like a priority, but you would be amazed how much business is being conducted on LinkedIn. Check it out and see what the fuss is all about.

Start familiarizing yourself with the larger technologies.

Before you can implement something new, you need to know more about it. Ask your court reporter if he or she offers streaming realtime for depositions and how you can use it to attend depositions remotely.

If you’re not using case management software yet, start reading articles online on the advantages and different features available. You don’t need to become an expert, but knowing what’s available is the first step in deciding which technologies you want to learn and use.

You can’t ignore technology. Those who ignore it will become dinosaurs and will see their practice suffer and diminish. And it’s happening faster and faster. Technology is changing so rapidly that if you don’t keep a hand in the game, before long you won’t even know what game everyone is playing. Don’t become obsolete. Start adding technologies to your toolbox today.

For more information on legal technologies, download this free report: “5 Technologies Every Attorney Must Have.”