Although people have started stepping out, the world is resuming again, but the new normal still has some of its own concerns with it. Meetings are still being held on online platforms. Apart from that, virtual depositions also favor those who are constantly traveling or living in different cities. With all this going around, deposing via zoom, WebEx, or Microsoft Teams comes with a unique set of hurdles. Read on to find out what mishaps you may cross in virtual deposition and how you can prevent them from happening.
Slow internet is a huge hurdle in online conferences. It makes it difficult to understand the attorney and makes it tough to cover the clean record by court reporters for legal matters if there is continuous buffering. Each party—attorneys, deponent, and the court reporter should have hard-wired internet, although not always possible but always preferable. All you do to resolve this issue is to plug into ethernet, and if you are still facing the same issue, you might have to renegotiate with your internet provider.
Consider doing a test run if your client is being deposed to solve internet issues. Let them roam around their house to find the right spot with proper internet access and see if there's anything in the room you do not want to be revealed? Check it all before you finalize the spot. Remember that these videos may play in courtrooms someday, months or years from now, think of all possible ways opposing counsel might try to manipulate the narrative.
Incorrect exhibits
Exhibits are used in the deposition, so it is crucial to ensure that everyone is looking through the same copy of documents. Usually, in a face-to-face setting, the attorney who would be taking the deposition provides the rest of the members with a hard copy of exhibits. The setup for the virtual depositions should be no exception, and you must make sure you send hard copies of the exhibits to each party before the time set for the deposition.
Fine-tune your skills on your chosen virtual platform to avoid awkward pauses or confusion within the meeting. Many virtual platforms allow you to share your device screen, which attorneys can manipulate to make sure they are getting the most out of working with the exhibit. Make yourself familiar with the tools available that will also prevent a potential unintended disclosure. Before you share your screen, make sure your desktop has no such files or documents that could affect your case or leak other firm client information.
Majority of virtual meetings happen on the platforms that only allow a single host so you must coordinate with your court reporters of Georgia and opposing counsel to ensure someone is going to take charge of the task. This is where you also ensure that the host is familiar with the technology and can operate it well. They must even know how to operate the tools so as to permit each member to utilize tools like muting, unmuting, or screen sharing. If you do not find any tech-savvy amongst your team, consider working with a remote deposition service like Georgia Reporting.
Assessing credibility
One of the biggest challenges presented by virtual depositions is the inability to assess the deponent’s credibility as a witness. Make sure you choose an online platform that helps ensure that the deponent and the opposing counsel both on their own cameras are giving you a better view.
Another way to overcome this challenge is by spending some time on the front-end in preparing and strategizing. Memorize the questions you have that will free you from referring to an outline; it will allow you to have time and attention to observe the witnesses' reactions and responses more closely.
Even if you are an experienced deposition taker, the virtual angle throws a whole new set of challenges into the mix. So the additional prep time for the deposition may be the best way to combat the challenges faced during the first few virtual depositions.
Bottom Line
No matter how tough it seems, it becomes a smooth process with reliable court reporting services you hire. However, even if you are up for doing it on your own, mastering the art of virtual deposition will only become your cost-effective alternative to interact with clients. Virtual deposits cut off the commute time without you having to compromise the deposition's effectiveness. Some skill development, practice, and planning can make this a great add on in your litigation process.