Trial Advocacy: The Use of Video Depositions at Trial

In their most recent column, New York Personal Injury Attorney Ben Rubinowitz, a partner at Gair Gair Conason Steigman Mackauf Bloom and Rubinowitz, and his colleague Evan Torgan, of Torgan Cooper and Aaron, write about the use of video taped depositions at trial. Their most recent article, published Today in the New York Law Journal is “The Use Of Video Depositions At Trial“. Of note, the old fashioned ways of conducting depositions are fading fast. Technology has improved to the point where a written transcript alone might not be enough to carry the day at trial. Careful thought must be given as to whether the deposition should be conducted by video and whether or not it will help or hurt the case. Reasons for conducting the video deposition always include issues such as age, infirmity and location of the witness. But of equal importance is the fact that taking a video deposition might actually change the “behavior ” of an adversary. Those attorneys who typically defend depositions in an overly aggressive or nasty manner might have to rethink that tactic. Nasty and rude conduct that might be shown to a jury on video will unquestionably work to the defending attorney’s disadvantage. Additionally, the use of the video deposition allows the jury to recall far more than a mere reading of the transcript will. It has been empirically shown that both seeing, listening and hearing someone speak is far more effective than listening alone. Specific examples of strategies for use of video depositions at trial are used by the authors in this article.