Is That My Video Deposition on YouTube? Best Practices for Law Firms
We perform a variety of legally oriented services her at VR Legal Resources; everything from scanning and Bates Stamping exhibits to preparing and presenting exhibits and demonstratives in court, and, from time to time, we're called upon to videotape a deposition.
We're fortunate to have professional relationships with many of the top law firms in the Los Angeles / Orange County area and a few of these firms handle some of the more popular cases you hear about on television or read about on celebrity web sites.
Being "ringside" during these sometimes intense encounters and watching the verbal jousting that takes place is what keeps me passionate about my career in litigation services, that, and the fact that I'm entrusted with "behind the scenes" information that ethics dictate that I keep confidential.
A few weeks ago I had the good fortune to videotape a young, well known celebrity.
During my initial introduction I always make it clear that "I don't have a dog in this fight" and that I'm simply there to record the event and I try to keep my interaction as friendly and professional as possible.
This particular actor smiled, shook my extended hand and in a joking voice asked "This isn't going to appear on TMZ or YouTube is it?" to which I replied "Of course not!" and then I adjusted his microphone and we got about the business at hand - the video taping of his day-long deposition.
I'm a "Certified Legal Video Specialist" which basically means I'm certified in the proper use of taping such goings on and adhere to a strict code of ethics which dictates the handling of sensitive issues, professionalism, etc,etc.
To date there are 76 NCRA "Standards" (National Court Reporters Association - they oversee us videographers) that I've agreed to abide by. NCRA Standard # 73 states "The videographer shall preserve the confidentiality of the deposition and take whatever steps necessary to ensure this confidentiality".
Seems pretty straightforward. We don't release our videotapes willy-nilly to just anyone, nor, have we ever been approached to do so and we've never really concerned ourselves with the matter.
Well - right on cue I receive an offer from the Merrill Corporation to download this White Paper entitled : "Is That Me On YouTube? Ground Rules for Access, Use and Sharing of Digital Depositions"
This an eleven page, highly referenced, thoughtfully produced guide authored and compiled by Bruce Wessel and Wayne A. Hill, Jr. designed for any law firm that hasn't established a "Best Practices" policy for the proper handling of depositions. And, apparently for good reason.
Imagine if you're this fellow and you just stumbled onto your video deposition that was taken 2002:
"Can they do this?" you ask... obviously "They" can.. and "They" did. Probably legally too - depending on.... well.......
