When a witness cannot be present at a proceeding, legal depositions allow their testimony to be entered into the record. However the typical deposition is a dry collection of words. Video depositions provide a way to give testimony more impact.

Three-Dimensional Testimony

Consider a typical situation in legal depositions. A witness makes a statement then the opposing attorney hands the witness a document that contradicts the testimony and the witness replies, "I've never seen this document before." A jury could interpret that statement either way.

On the other hand video depositions might show the witness reading the document with eyes widening, glancing at his attorney pleadingly, shifting nervously in his chair then stammering out, "I've never seen this document before." This brings a whole new depth to the statement.

Lawyers know that it's often not what witnesses say but the way they say it. A voice catching, a tear in the corner of an eye, nervous fidgets, confident delivery - these all completely change the impact and meaning of a simple statement and yet even skilled deposition reporters can't capture every nuance.

Using The Medium To Its Fullest

A common mistake is to treat video depositions like any other deposition without regard for factors like backgrounds, framing and camera angles. The final product is a tedious production that will quickly put the jury to sleep. As legal professionals embrace this medium, better video depositions are common. Witnesses dress professionally and cameras are positioned to avoid distractions such as windows or busy backdrops.

Some attorneys realize that video depositions give them a level of creativity unlike any other form of testimony. This allows them to frame testimony in a way that strengthens or weakens it. They experiment with backgrounds, dynamic camera movement and other techniques to add impact. Of course opposing counsel will have their own input into the process just as they do with traditional courtroom questioning.

Use A Professional Legal Videographer

Some attorneys take an amateur approach, putting a cheap camera up on a tripod, hitting record then thinking nothing more of it. The final product is adequate but little more than that.

It is better to hire a professional videographer. They have better quality equipment that will put out a more polished video and they will be able to solve a host of technical issues from shiny jewelry to background noise. It is important not just to hire someone with experience in video, but someone with experience in video depositions.

A legal videographer from a court reporting agency understands the unique needs of a deposition. The final product is correctly captioned with information such as the speaker's name and easily searchable when a particular piece of testimony is needed.

If you aren't using video in your depositions, now is time to start. It is an inexpensive and powerful tool in any attorney's arsenal.