With Virtual Depositions, Technology Makes Good Lawyers Even Better

Tech experts frequently remind us that we’re vastly under-utilizing the digital technology that pervades our homes and offices.

Smartphones are a prime example. As the New York Times recently pointed out, the latest smartphones can now record and transcribe calls, schedule messages for later delivery, translate text captured on camera, and look up what the internet knows about real-world objects merely by taking their picture. What’s more, most of the functionality on these devices is accessible via voice commands. No more thumbing through menus and screens.

With eLitigateZE, attorneys can immediately view and search the text of witness testimony, as well as play back audio clips, all without having to take physical notes during the deposition.

And we’re all still learning how to use, ethically and effectively, artificial intelligence in the delivery of legal services.

Another area where technology tools may be under-utilized and under-appreciated is in their ability to assist with administrative tasks and capture critical information uncovered during depositions. For example, the ability to effectively take notes during and after a deposition is a crucial skill for litigators. The best litigators have developed highly evolved note-taking strategies, honed through years of professional work.

Consider the following note-taking activities that litigators commonly perform before, during, and after depositions:

• Outlining general topics to be covered during the deposition as well as specific questions to be asked;
• Creating a list of exhibits to be used during the deposition, and making copies to be shared with the court reporter, witness, and opposing counsel;
• Noting important statements or admissions made during the deposition by the witness;
• Capturing impressions of non-verbal information such as the witness’s demeanor and body language;
• Noting apparent inconsistencies in the witness’s testimony;
• Writing down follow-up questions to be asked at a later point in the deposition;
• Documenting important deposition details such as the identity and contact information of all deposition participants, start and stop times, the timing and length of breaks, and which exhibits were introduced and marked by the court reporter;
• Recording post-deposition impressions of witness testimony and its likely impact on case strategy; and
• Drafting a deposition summary.

The in-deposition note-taking activities described above are critical to a successful deposition, yet difficult to perform well when the note-taker is simultaneously engaged in questioning the deposition witness. That’s where modern, purpose-built virtual deposition platforms such as Esquire’s eLitigateZE can help. The following examples make the point:

• With eLitigateZE, the list of exhibits available for use during the deposition can be created in advance and is always available for viewing during the deposition;
• With eLitigateZE, attorneys can view which exhibits have been introduced and marked by the court reporter;
• With eLitigateZE, opportunities for “chain of custody” objections and other authenticity challenges are minimized. Exhibits are automatically marked and stamped in sequence, saving attorney time, preventing errors, and creating professional, airtight record.
• With eLitigateZE, attorneys can immediately view and search the text of witness testimony, as well as play back audio clips, all without having to take physical notes during the deposition;
• With eLitigateZE, the entire litigation team has access to an automatic speech recognition-generated transcript with bookmarks and notes added during the deposition;
• With eLitigateZE, remote and hybrid depositions are conducted within the familiar Zoom meeting environment, allowing attorneys to focus on the witness’s testimony and not on learning yet another technology tool.

Freed of the burden of documenting and sharing routine administrative aspects of a deposition, attorneys using eLitigateZE are able to focus their note-taking activities on things that truly matter, such as witness demeanor, inconsistencies in witness testimony, and how this particular deposition advanced their client’s interests. The result is a better deposition that keeps the litigation moving ahead in an efficient manner.

Built by and for litigation professionals with enhancements driven by continuous customer feedback, eLitigateZE builds on eLitigate’s success as the remote deposition standard for some of the largest law firms, insurance companies, and corporations in the world.

Request a demonstration today to see how Esquire’s eLitigateZE standardizes and optimizes virtual depositions on Zoom.