Three Steps to Effective Phone & Video-conference Depositions -- Introduction
Conducting depositions by telephone or video-conference, which I call “remote examination,” is becoming increasingly popular. Clients and their outside counsel are changing the way they practice to control their litigation costs, and one of those changes is to seriously look at using remote examination to save on time and travel costs. While the cost savings are substantial, it is critical that you take three necessary steps to protect your client's interests when conducting remote examinations. Follow these three steps, and you will increase the likelihood of conducting a thorough and high value examination:
- In consultation with your client, asses the witness and their potential testimony to determine whether remote examination is appropriate;
- Carefully prepare for the deposition -- logistically and analytically -- to minimize the downsides inherent in remote examination; and
- Conduct the deposition in a manner that maximizes the effectiveness of your examination despite the limitations of not being present in person.
Following these three crucial steps will allow you to conduct a robust and effective examination of the witness while saving you and your client money. This is the first of a series of four postings. The next three postings will discuss these steps in more detail, so you and your client can garner the efficiencies of remote examination without compromising the defense or prosecution of your case.
