The Dos and Don’ts of Zoom Depositions for Litigators and Paralegals

In the world of law, the ability to adapt to technological advancements and leverage them for efficiency and cost-effectiveness is paramount. One such advancement has been the shift to remote depositions, using web conferencing platforms like Zoom. Harnessing the power of technology for legal proceedings is in line with the mission of Skribe.ai, which empowers litigators to navigate the transition from traditional to remote depositions for a more swift and efficient justice system. Remote depositions can be an effective tool when utilized properly, but certain common mistakes can hinder their potential.

“…if you have a witness who you think is gonna say really favorable things for your client, don’t hassle with a witness statement. Just go take their deposition before they disappear on you…”

Karl Seelbach, Doyle & Seelbach PLLC, Austin, Texas 

The first mistake arises from one of the most fundamental aspects of deposition – the presentation of the witness. Ensuring that the witness is correctly framed in the video recording is critical. This can often be overlooked when the witness is joining via mobile devices or in non-traditional settings. Clear visibility and audibility of the witness are important factors for the jury to assess the credibility of the testimony and thus should not be compromised under any circumstances.

The issue of testimonial clarity dovetails into another common misstep – technical glitches. In order to keep the jurors engaged and focused on the testimony, the audio and video quality needs to be clear. If for any reason, clear video or audio can’t be obtained, rescheduling the deposition to ensure a quality recording is well worth the minimal inconvenience and is significantly beneficial for the case in the long run.

Another crucial consideration is on-screen content management. With the ability to screen-share documents comes the potential pitfall of losing the jurors’ focus. Documents displayed during testimonies should only stay on the screen for as long as relevant and necessary. Overextended on-screen display of documents while the witness is providing their testimony can distract the jurors and overshadow the witness’s contribution to the case.

Finally, it is important to remember that Zoom depositions, although convenient and inexpensive, should still embody the gravitas of traditional face-to-face depositions. Therefore, handling them with the same level of preparation, professionalism, and regard for the testimony to be presented to the jury is absolutely essential.

In conclusion, given the steady move towards remote depositions, it is undeniable that litigators and paralegals stand to gain much from mastering the art of conducting effective Zoom depositions. By avoiding these common mistakes, they can maximize the power of technology in favor of justice and truth. The shift of law into the digital realm is here to stay, and so are Zoom depositions. It’s high time we refined our strategies and skills to thrive in this new norm.

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