Trial Presentation Blog : Courtroom Presentation, Litigation Software : Charles Perez : Trial Presentation Blog

Here's a little  "video deposition war story" I'd like to share with you:

A few weeks back we had videotaped a deposition for a rather high profile case. If you've ever been to a  correctly executed videotaped deposition then you're aware of the fact that there are several "fail safe safeguards" in play. For example, there are generally TWO video recording devices plus an additional cassette recorder that records the audio for use by the court reporter to quality control their transcript, as well as studio-quality microphones for each of the participants to provide crystal clear reproduction of every word, snort and sneeze that takes place during taping.

A few days ago we received a call from the court reporter saying that the opposing counsel accused her of changing a portion the transcript and demanded a correction. The court reporter re-read the portion and question, listened to the audiotape we supplied and politely explained that there wasn't an error.

"Not good enough! I'm taking blah, blah legal, yada, yada action" responded the opposing counsel. "This is an outrage! (And some other forgettable epithets).

So I got a call. "Can you check your video for "Page 46, Line 12" and see what the deponent is saying?" "Sure thing I replied, give me a nanosecond or so". (Well, it was actually a tad more than a nanosecond).... Anyway, I located the deposition, which had the audio synchronized to the text from the transcript as well as having the pages and line numbers indexed which makes finding anything a snap and located the segment in question. Within a minute or so of loading the CD I located the exact spot, exported the portion onto another CD and popped it into the mail to the opposing counsel. I could have as easily emailed it to her if  she had a secure email server.

Never heard a peep again from the opposing counsel, nary a peep! (Or an apology!)

And....That's how the pros do it!

Following is a blurb from our website  that reinforces the value of videotaping the spoken word:

Video For Depositions

See you next time!

Charles Perez - Trial Presentation Wizard Extraordinaire

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I recently had the opportunity to attend a CLVS (Certified Legal Video Specialists) seminar in St. Louis. This is an outstanding group of video professionals who are certified in the correct methodology of preserving a deposition into a video format.

If your firm uses depositions for later presentation in court and you're not utilizing video you're missing a powerful tool that can provide a compelling and psychological advantage to your argument.
If you do use video I'd strongly suggest that you use a certified  video specialist; they follow strict guidelines and are associated with the NCRA (National Court Reporters Association).

In the past few weeks there have been news reports on the sexual harassment lawsuit involving New York Knicks President and Coach Isiah Thomas.

The deposition of Thomas was videotaped and has been replayed in court (as well as the media) several times.
When is the last time you recall a deposition being "READ" over and over on a news program?
For impact on today's jury you need visuals.
Compare the dry, written transcript of his deposition with the visual dynamics of him actually speaking the words on camera.

I think you'll agree with the old saying that "a picture's worth a thousand words"; in this case the picture AND the transcript is a priceless combination - about 12 million dollars worth.

So - why aren't you utilizing this as a  tool in your legal arsenal?
It can't be cost - a Certified Videographer's fees aren't that expensive, so it must be fear of the unknown - and of perceived courtroom catastrophes.
With the right presentation skills and current software you shouldn't be adverse to using new technology.

In the next few blogs I'll review a few of the solutions that can help you overcome any reluctance you might have regarding using 21st century solutions to win your cases.

This week I'll start with YESLAW... So - what is YesLaw?

To quote from their website: " YesVideo provides a service for converting deposition videotapes onto CD, synchronizing them with the transcript, and delivering them with YesLaw software. This software allows attorneys to easily review deposition footage, find key segments, then create and export clips for use in trial presentation programs like Sanction®. Rather than focus on technology, the focus is on making law firms more successful in their use of video."

OK - well, that pretty much sums it up. I could go on for another few paragraphs but I'd be saying essentially, the same thing.

Used on a PC the program allows the viewer to search for pertinent testimony, locate the corresponding video and audio and then save it into a variety of existing software programs, like Sanction, Livenote, and, of course,  Powerpoint.


In my opinion this is a great way to bring video into your firm; it's not rocket science and they've created a platform that is easily understood by almost everyone. The YesLaw viewer doesn't take any programming skills on the part of your staff - if they can load a CD they can load a synchronized text video deposition.

How do you get your video into the YesLaw format ?
SIMPLE - almost all Certified Legal  Video Specialists have access to the service, just specify it when you set up your next deposition.
If you already have the video and the text in a file format you can go to the YesLaw website and locate an out fit (like Video Resources, Inc.) who will handle the conversion for you.

The conversion fee isn't expensive at all and the overall savings to your firm will outweigh the investment.

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