Category Archives: Video Deposition

Take Depositions To The Next Level With High Tech.

13 Monday Apr 2015

Posted by in Clouds, Discovery, Dropbox, iPad, Legal Technology, Presentations, Tablets, Video Deposition

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4 High Tech Ways to Improve Your Depositions, by Brian Focht, The Cyber Advocate Blog

http://www.thecyberadvocate.com/2015/04/08/4-high-tech-ways-improve-depositions/

Last week I had the (good?) fortune to attend two depositions spanning three days in a construction defect case. We represent a fairly peripheral sub-contractor, so despite exceeding 20 total hours, I didn’t get the opportunity to ask a single question. However, we’re not so peripheral that I could completely space out.

Over the course of three days, which included the introduction of about 100 exhibits (I’m impressed at the plaintiff’s counsel’s restraint, except when you consider that many exhibits exceeded 250 pages each), I listened intently. Or as intently as possible.

Until the other part of my brain, the part that writes this blog, kicked in. I analyzed what I thought was an intelligent, if complicated, system put in place that uses Dropbox for sharing exhibits. But that was really it. No video, no digital exhibits, remote participants listening by phone. I couldn’t help but think that there had to be a better way than this. . . .

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Imaging A Hard Drive = Making A Copy And Within Plain Meaning Of Taxation Of Costs.

19 Thursday Mar 2015

Posted by in Attorney Fees and Costs, Depositions, Discovery, E-Discovery, Hard Drives, Taxation of Costs, Video Deposition

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Stating Reality: Imaging a Hard Drive Makes a Copy, by Josh Gilliland, Esq., Bow Tie Law

https://bowtielaw.wordpress.com/2015/03/19/stating-reality-imaging-a-hard-drive-makes-a-copy/

Taxation of cost cases do not generally have happy endings for recovering eDiscovery costs. The United States Court of Appeals for the Sixth Circuit issued a very important opinion on March 17, 2015 well grounded in the reality of civil litigation and the law where eDiscovery costs were recovered.

It also takes a swing at Race Tires, which is always a welcome read.

The Court of Appeals held that the cost of video deposition synchronization and transcript were properly taxed. Colosi v. Jones Lang LaSalle Ams., Inc., 2015 U.S.  App. LEXIS 4184, 2-3 (6th Cir. Ohio 2015). The Trial Court had determined the synchronized video deposition was ‘reasonably necessary’ and the opposing party never explained how the costs were either unreasonable or unnecessary. Id.

For anyone who has conducted deposition review, this is good news. I have spent many hours reviewing depositions and video depositions. ‘Reasonably necessary’ is an understatement. Synced video depos allow you to understand the context of the testimony. A simple question and answer in a transcript can look harmless, but if the video shows the deponent turning bright red, biting his lip, and answering the question with his teeth clinched, you know that testimony is important. . . .

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Witness Preparation = Successful Depositions.

22 Wednesday Oct 2014

Posted by in Advertising, Depositions, Discovery, Law Office Management, Marketing, Objections, Video Deposition

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Witness Preparation: Best Practices for a Successful Deposition, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog

http://tinyurl.com/osk8vkn

Jim Calloway is a superhero masquerading as the Director of the Oklahoma Bar Association’s Management Assistance Program. While that being the Director of the OBA’s Management Assistant Program may be Jim’s “day job,” Jim does far more than that. This link will tell you more about his other activities, and I have no idea where he finds the time: http://jimcalloway.typepad.com/about.html.

But the best thing about Jim is that we found him first! And we know a good thing when we see it. We may share him with the rest of you from time to time, but luckily Jim has – so far – always called Oklahoma his home. -CCE

Witness Preparation: Best Practices for a Successful Deposition is a really nice article by Tulsa, Oklahoma attorney Robert P. Redemann. I strongly recommend it to any lawyer, even those who might not be involved with depositions. Sometimes it is good to understand best practices in our profession. Share the link with a young lawyer you know.

I would add one other item. Have you looked at the materials you routinely give the client to prepare for a deposition recently? Surely all law firms have progressed past the point of giving clients photocopied deposition tips in favor of custom-prepared materials with the law firm’s name, address and logo. But if you have not reviewed your handouts lately, take a look. A good proofing and freshening is often in order. Use some different sized fonts, headers, text boxes or insert a small graphic or two to increase readability. You never know who may be looking at this document sometime as a representation of your firm’s work product. Make this a professional document you are proud to have carry your firm’s name.

Skype For Video Depositions?

02 Sunday Mar 2014

Posted by in Court Rules, Depositions, Discovery, Employment Law, Federal District Court Rules, Federal Rules of Discovery, Video Deposition

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“Stop and Think” About Skype for Depositions, by Joshua Gilliland, Bow Tie Law’s Blog

http://bowtielaw.wordpress.com/2014/02/03/another-skyping-judge/

Judge G.R. Smith issued a great reminder that lawyers must ‘stop and think’ when dealing with discovery disputes. This duty is imposed by Rule 26(g) and is ‘an affirmative duty to engage in pretrial discovery in a responsible manner that is consistent with the spirit and purposes of Rules 26 through Rule 37, and obligates each attorney to stop and think about the legitimacy of a discovery request, a response thereto, or an objection.’ Hernandez v. Hendrix Produce, Inc., 2014 U.S. Dist. LEXIS 4837 (S.D. Ga. Jan. 9, 2014) citing Bottoms v. Liberty Life Assur. Co. of Boston, 2011 U.S. Dist. LEXIS 143251, 2011 WL 6181423 at * 4 (D. Colo. Dec. 13, 2011). 

The case at issue requiring lawyers to ‘stop and think’ involved the plaintiffs in a farmworker rights lawsuit. Three of the plaintiffs were in Mexico and unable to return to Georgia for their depositions. The Defendants wanted the depositions to be held in Georgia. . . .

More On Why Lawsuits Are So Expensive.

22 Saturday Feb 2014

Posted by in Cross-Examination, Damages, Exhibits, Experts, Litigation, Motor Vehicle, Personal Injury, Plaintiff's Counsel, Product Liability, Trial Tips and Techniques, Video Deposition, Witnesses

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Why Lawsuits Are So Expensive, Pt. II, by Gregory H. Haubrich, Foshee & Yafee, Butter’s Blog

http://greghaubrich.com/2014/02/13/why-lawsuits-are-so-expensive-pt-ii/

In my previous edition of Butter’s Blog, Part I explored why lawsuits are so expensive. In Part II, we are going to break down the costs of getting your case to trial. To get a rough estimate of what your law firm may spend handling the case,  we must first look at what kind of case it is.