Video Depositions - The Visual Advantage

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.

The YesLaw Viewer
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.

Courtroom Technology - Coming of Age in the 21st Century

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.

Services

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)