Conference Technologies, Inc.®

When Time is Money

How attorneys are using video conferencing gear to maximize use of their hours.

image #2 image #3 image #4Depositions have become a crucial part of our legal system. And more and more often, they are being conducted using video conferencing systems.

"Attorneys are all about 'time is money," says Conference Technologies, Inc.^® National Rental Manager Jimmy LoMonaco. "They were among the first and the most aggressive to use this technology. Even in cases where it costs as much to arrange a videoconference as to fly to a nearby city, the timesavings is enormous."

"Why should I spend a whole day traveling in order to take a one-hour deposition? If I can finish the job immediately, then move onto the next and the next after that, my firm and my clients are far better off."

The role of depositions

There are two main reasons attorneys will take a deposition: to discover relevant information about a case and to preserve testimony for trial.

Though depositions may be used in any type of litigation, attorneys tend to use them heavily for expert witnesses who may not be available at a trial or may be very expensive to bring to a trial. Taking depositions allows each side to preview evidence, avoid unfair surprises and take the opportunity to arrive at a settlement.

In a traditional deposition, the attorney either travels to depose the witness or pays to have the witness travel to him or to her.

image #3 image #4Depositions in the United States are not normally taken in a courtroom, but in an office or other location convenient to all parties. A court reporter is present to create a certified record of the testimony that's admissible in court. Assuming the case goes to trial, a written deposition will be read aloud in front of the judge and jury, most often by the attorney or attorneys who did the questioning plus a speaker hired to read the part of the witness. Acting is not allowed. Speakers read the transcript in a fairly flat tone of voice, and they cannot add emphasis or inflection in ways that might influence the jury.

For that reason, many attorneys hire videographers to create recorded depositions that they can play back in court. "People believe what they see," LoMonaco notes, "and they pay more attention if they can see the witness actually testifying. If you're an attorney working on an important case, how can you fail to use the most effective tools available for your client?"

Video conferencing and depositions

According to Sonja McDowell, the way a videoconference deposition is taken depends mainly on the preference of the individual attorney. "It's certainly possible to take a deposition over the phone, but I have not seen that done. Most lawyers want to be able to see who they're talking to."

In a videoconference or video taped deposition, the camera operator usually set ups a head and shoulders shot and leaves it there. "That goes to lawyer's preference," McDowell says. "I had a client one time who wanted the camera focused on the witness's eyes. Others want to see people's hands. Each seems to have certain things they use to judge if a witness is being dishonest."

Only about half of video conference depositions are recorded electronically. Making a record is the function of the court reporter, and so many videoconference depositions are transcribed then read aloud in court just like a traditional deposition.

If the attorney wants a video record, he or she would traditionally hire a videographer to go out to the location and tape the witness, even if the deposition was taken via a videoconference. "The issue has been the quality of the recording," says LoMonaco. "A tape made from a 128K call over ISDN is not really something you'd want to present in court. Of course, the quality is a lot better now with IP network gear and with high-definition conferencing, but there's still a lot of older equipment out there. Attorneys don't always realize there's a difference."

McDowell suggests that, if the goal is to create a presentable video record from the video conferencing system, care must be taken in the choice of the equipment used. "We can certainly make that happen," she says, "but we need to know in advance if that's the goal."

Renting facilities

Setting up a videoconference deposition is a little more challenging than many AV rentals, in that you have to worry about two separate video setups plus the network that connects them.

Conference Technologies, Inc.^®, who hired McDowell this year with about eight years experience in the field, offers turnkey service to its video conferencing customers.

"Normally it's a paralegal or court reporter who will call to set up the conference," McDowell says. "They may call and tell me, 'I have a witness in West Palm Beach.' I will call to find a video conferencing facility there, book the room, contact a local court reporter, test the connection, work with the IT staff if I find any problems, make the actual connection on the day of the deposition, and handle any other needs such as making copies or sending faxes."

McDowell may arrange the connection between Conference Technologies, Inc.^® owned rooms, a Conference Technologies, Inc.^® room and a third-party room, or third-party rooms in almost any city around the world. She may also bring rental equipment to the attorney's office, his or her client's office, or even a witness's home. "From beginning to end, it's handled," she explains. "They don't have to worry about it. They come in, do their call, and they're able to leave to us."

If the attorney wants to electronically record the deposition, McDowell will make sure the rooms involved have systems of an appropriate quality, or she will hire a videographer at the location where the witness will testify. Sometimes more than one attorney will need to depose the same witness. If that's the case and they are at different locations, she will arrange multiple rooms and bridging services.

Real expertise

"Sometimes potential clients ask me why they should hire Conference Technologies, Inc.^® rather than someone else," McDowell notes.

"First of all, we have real expertise in this medium," she says. "We make our living by designing, selling, renting, installing and maintaining this equipment regularly, and we also have engineering skills in the networks on which these calls are carried."

"We're dependable. We're loyal to our customers. We're there no matter what, and if there's a problem, we don't give up. If you rent one of our own facilities, you can be sure it's up to date, because we use the rooms ourselves for our own meetings and we use them to demonstrate the technology to potential customers."

"If you rent someone else's room through us, you're still getting the benefit of our expertise. We'll make sure the room fits your needs, we'll test the room before your meeting and we'll bring in our people to solve any problems we find."

The result is a deposition –or any other type of meeting– that's quick, effective, and saves the client many hours that can be used for something more productive than travel.