In the post-pandemic world, the landscape of depositions has significantly shifted. As legal professionals adapted to new norms, many of these changes are here to stay, influencing how depositions are conducted. Here’s a look at how the process has evolved and what you should keep in mind when taking depositions in this new era.
Virtual Depositions Are the Norm
One of the most significant changes is the rise of virtual depositions. With advancements in technology and the necessity of remote work, many depositions are now conducted via video conferencing platforms. This shift offers convenience and flexibility, reducing the need for travel and allowing participants to join from various locations.
Technical Competence is Essential
With the move to virtual platforms, technical competence has become crucial. Lawyers must now be adept at using video conferencing tools, sharing documents digitally, and ensuring that all participants have a stable internet connection. It’s also important to have a backup plan in case of technical glitches, such as a phone dial-in option.
Increased Need for Preparation
Preparation for virtual depositions goes beyond the usual review of documents and questions. Lawyers need to ensure that their setup is professional, with a quiet environment, good lighting, and a reliable camera and microphone. It’s also essential to familiarize witnesses with the virtual platform, ensuring they are comfortable with the technology before the deposition begins.
Security and Confidentiality Concerns
With the rise of virtual depositions, security and confidentiality have become paramount. It’s essential to use secure platforms that offer encryption and to ensure that all participants are aware of privacy protocols. Recording depositions digitally also raises concerns about data storage and access, requiring law firms to implement stringent security measures.
Flexibility in Scheduling
The virtual environment has introduced greater flexibility in scheduling depositions. Without the need to coordinate travel plans, depositions can often be scheduled more quickly, accommodating the availability of all parties involved. This flexibility can lead to faster resolutions, although it’s important to consider time zone differences when scheduling.
Impact on Witness Testimony
The virtual format can also affect witness testimony. Without the physical presence of the deposing attorney and the opposing counsel, witnesses may feel less pressure, potentially leading to more candid responses. However, the lack of in-person interaction can also make it more challenging to assess the witness’s demeanor and credibility.
Adapting to Hybrid Models
As the world adjusts, hybrid models combining in-person and virtual elements are becoming more common. Some depositions may take place with some participants in person and others joining virtually. This model requires careful coordination to ensure that all participants can effectively communicate and that the deposition proceeds smoothly.
Conclusion
Taking depositions in a post-pandemic world requires legal professionals to adapt to new technologies and practices. While virtual depositions offer many advantages, they also come with unique challenges. By staying prepared, maintaining technical competence, and prioritizing security, lawyers can navigate this new landscape effectively. The future of depositions may be a blend of the old and the new, offering flexibility and efficiency in the legal process.
