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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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.......

The White Paper addresses a variety of situations that would allow a deposition (transcript) or a video deposition to be accessed by anyone (yep) based upon local and Federal statutes and is quite the eye-opener for those of us in the "trenches".

Topics covered in the paper include:

• Who owns deposition transcripts and video?
• Who has the right to access them?
• What laws govern their use?
• Do protective orders work to protect the witness?

Additionally, let's say the matter never goes to trial but the official transcript is filed with the court, what then?

Download the White Paper, read it thoroughly and and start re-thinking your firms Best Practice procedures for handling, storing and sharing your depositions.

Now, for my part I focused on California law, specifically CCP 2025.570 which is entitled: Furnishing of copies of transcript or recording by deposition officer; Charge; Notice to parties of right to seek protective or; Applicability of section

(a) Notwithstanding subdivision (b) of Section 2025.320, unless the court issues an order to the contrary, a copy of the transcript of the deposition testimony made by,  at the direction of, any party, or an audio or video recording of the deposition testimony, if still in the possession of the deposition officer, shall be made available by the deposition officer to any person requesting a copy, on payment of a reasonable charge  set by the deposition officer.

(b) If a copy is requested from the deposition officer, the deposition officer shall mail a notice to all parties attending the deposition and to the deponent at the deponent's last known address advising them of all of the following

1. The copy is being sought
2. The name of the person requesting the copy
3. The right to seek a protective order under Section 2025.420

(c) If a protective order is not served on the deposition officer within 30 days of mailing of the notice, the deposition officer shall make the copy available to the person requesting the copy.

So, in hindsight, under the right conditions the young celebrity's video deposition could have made it onto TMZ or YouTube.

So now I know and, so do you.

 

 

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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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In the past few years you couldn't have helped but notice that things are changing in the courtroom. In 1996   the public got a glimpse of a (then) state-of -the-art courtroom presentation of the nationally televised trial of  OJ Simpson.  As I recall the only visuals provided were crime scene photos, a few timeoline graphs and several DNA-related drawings. Laptops were at the disposal of the attorneys and Barry Scheck made the most of an overhead projector.

More and more often in todays court an average jury will be made up of a majority of people who are visual learners. That is, they will want, at a deep psychological level, to have information presented to them visually. The majority of the public are quite comfortable getting their information via a "talking head" or through a demonstrative exhibit. 

Most jury psychologists, including Amy Singer, believe that people learn much more through seeing and hearing rather than from hearing alone.  The use of demonstrative evidence usually grabs the jury's attention and often has them sitting at the edge of their seats when things like models and objects are being shown.

Unfortunately, most litigators are auditory learners who prefer to teach orally.

Although this is quite natural for them it isn't always the most effective form of communicating an argument or building a foundation.

The problem created when these two groups communicate with one another is easily appreciated: Litigators feel effective by "saying it" and most jurors would rather "see it."

Today's courtroom has the potential for so much gadgetry and wizardry the American Bar Association has created a webpage to address the available technology entitled "(the) Legal Technology Resource Center".  The Federal Judicial Center has also weighed in with the publication of "Effective Use of Courtroom Technology: A Judges Guide to Pretrial and Trial".

My mission is  to assist you, the litigator by assisting you to make an informed decision as to what may or may not be applicable to a case you're presenting when you're considering adding  "Ooh and Ahh" visuals to bolster your argument.

Sometimes you need to take a deep breath and rethink your options and look at the bigger picture - and we're here to help.

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As the name implies, Video Resources, Inc is a powerhouse of creative talent capable of producing everything from corporate educational  videos, television advertising, radio spots and product rollouts.

The Litigation Support Division at Video Resources, Inc offers a variety of professional  litigation support services

including:

• Video Depositions / Synchronizing video and audio recordings with written transcripts
• "Day in the Life" Videos
• "Visionary Litigation Software" support

• Creation of digital video and audio clips for computerized presentations

• Video Resources, Inc. is a complete, in-house video production facility. Our talented editors can hone your videos to maintain focus on the important aspects of your case.

• Video Formats Available – DVCAM, MiniDV, HDV, Betacam-SP, DVD-Video, Video CD, VHS, SVHS, MPEG, WMV, Quicktime, Digital Hi8.

• Playback of Betamax, 8mm, Hi-8, Digital 8, DVCPRO, DVHS, Digital Betacam, ¾” Umatic, LaserDisc. Other formats can be procured quickly from our network of equipment suppliers.

• Photographs Taken from Video - Creation of still prints from video

• Duplication and Editing - Duplication of video depositions and other video recordings. Editing depositions for use at trial, arbitration, mediation, and settlement conferences

• Transfer of video footage to VHS, CD-ROM, DVD-Data and DVD Video

• .Audio Dubbing - Standard, Microcassette, Minicassette

• Video and Audio Clarification (Enhancement)

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My name is Charles Perez - I handle Litigation Support and Forensic Video/Audio Services at Video Resources, Inc. located in Orange County, California.

For over 25 years Video Resources, Inc. has been an innovative leader in video, audio and corporate presentations. Over those years our expertise has been tapped several times by law firms, district attorneys, public defenders and law enforcement.

Visual presentation isn't anything new to our firm - we've got the creative resources to create any demonstrative exhibit for your case.

With the advancement of video presentation in today's courtroom we've expanded our services to address the niche market of litigation preparation, support and presentation.

Together with my associate Eric Graf, we evaluate each case and suggest the best visual remedy (or remedies)  to produce a product that clearly makes your point.

Our  job is to make you look good from preparation through presentation!

Call us at (800) 261-7266 to discuss your project.

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