We live in a visual age. Jurors who can watch an unlimited range of videos with a couple clicks on their computer and create videos using their phones, expect a multimedia presentation. So it’s not surprising that video depositions have become more common. Certainly, watching a deposition on video can be far more powerful and revealing than reading — or listening to someone else read — a cold transcript. It is critically important to prepare clients for this specific aspect of the challenge of being a witness.
We prepare witnesses on the substance and on how to answer questions. But video has become so routine, it’s easy to overlook preparing them for video. Easy, and dangerous. Fortunately, we have many examples of the disastrous results of inadequate preparation as reminders. Video of Bill Gates’ terrible performance years ago in depositions in the Microsoft Corp. antitrust case remain popular on the internet.
