Video depositions have become a popular and convenient way to conduct legal proceedings during the COVID-19 pandemic. Zoom, in particular, has become a widely used platform for video depositions due to its ease of use and availability on a variety of devices.
However, there are a few key considerations to keep in mind when conducting a video deposition on Zoom to ensure a smooth and successful experience.
First and foremost, it's important to prioritize audio and video quality. Attorneys should invest in a good headset or microphone to ensure clear and crisp audio, and make sure to test their equipment beforehand to ensure it is functioning properly. It's also a good idea to use a webcam with high resolution to ensure that all participants can see each other clearly.
Another important factor to consider is organization. Before the deposition begins, attorneys should have all necessary exhibits organized and ready to go, as well as a plan for how they will be introduced.
Additionally, it's important to keep in mind that video depositions on Zoom may not have the same level of formality as in-person depositions. It's a good idea to set ground rules with all participants beforehand, such as muting microphones when not speaking and dressing appropriately for the camera.
Without further ado, here are the 5 tools that we highly recommend for every participant in a Zoom video deposition:
1- Mutesync USB Mute Button for Zoom
The Mutesync button is a useful tool to have in Zoom video depositions. It has two main benefits. Firstly, it allows you to mute your microphone quickly and easily, without having to navigate to the mute button on your screen. This can be especially useful if you are participating in the deposition from a laptop or device with a smaller screen. Secondly, the Mutesync button provides a visual cue that lets you know when your microphone is muted or unmuted. It is a good idea to set the button to display red when muted and green when unmuted, so that the status is clearly visible. Overall, the Mutesync button can be a helpful tool to let you know instantly if you are muted or not.
We have tested the Mutesync button for a full year and have not encountered any issues.
2- Plamtronics Blackwire 3320
It's been more than three years since the start of the pandemic, and there's really no excuse for not having good audio during a video deposition, especially if you're the attorney conducting the deposition. I'm always disappointed when I see an attorney spending thousands of dollars on a deposition but showing up with poor audio quality. Fortunately, you can get really good audio for under $50 with the Plantronics Blackwire 3320 headset. It's small and wired, which is a great combination because you don't want to be weighed down by a large headset that might make you look like a Boeing 737 pilot, and you don't want to worry about whether your headset is charged or not.
3- CyberPower EC850LCD Ecologic battery Backup
In my opinion, it's nonnegotiable to invest in a battery backup for your internet modem and WiFi router. If you ever lose electricity, the battery will keep your internet running until it runs out. Just make sure to only plug in the modem and the WiFi router, and the battery should last a few hours. Of course, this assumes that your laptop is fully charged at the time your electricity goes out. Having a battery backup in place can give you peace of mind and ensure that you have a reliable internet connection during a power outage.
4- A mouse with a scroll wheel!
It's not uncommon for attorneys to struggle with scrolling through exhibits on their laptop using the touchpad during a deposition, which can be frustrating and distracting for them. To avoid this issue, it's a good idea to invest in a mouse with a scroll wheel. This will allow you to easily navigate through exhibits and save yourself the hassle of using a touchpad at a critical time.
Keep in mind that when you share your screen on Zoom, it not only uses a lot of CPU and memory resources on your computer, but it also sends all that activity to other participants, which can cause lag. To minimize these issues, it's a good idea to use a mouse with a scroll wheel so you can navigate through your screen share efficiently. Get a mouse with a scroll wheel!
In Conclusion
As previously mentioned, we have been conducting depositions via Zoom for over three years now. It is no longer acceptable to have poor audio, video, or other technical issues that can be easily resolved. In particular, the audio quality should be of utmost importance, as you are spending thousands of dollars to obtain a clear and accurate record. While it may be more difficult to control the audio quality of witnesses as they lack the experience, attorneys should be able to consistently produce clean and clear audio as they are experienced in conducting remote depositions at this point.
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