Thursday, June 2, 2011

Video Deposition Tip: How bad can the other side make your deponent look?

I just edited a settlement video using the discovery dep of the defendant doctor and he had his tie loosened and had two water bottles and two Red Bull cans on the table in front of him.
He was well-spoken and may have made a pardonable medical error, but his tie was loose and he had all those products in front of him.
He explained the occurrence in a way that made sense to me as an informed layman, but his tie was partway off and there were those water bottles and all that Red Bull.

Video is not fair. It is not an Apollonian balancing of facts and probabilities. It's a show; it partly bypasses some of the higher cortical functions and works on the limbic system. It's not enough to have the law and the facts on your side. You need to make the best showing possible, also. To do less is to shortchange your client.

So all those things you can control -- the tie, the bottles of stuff, the background behind the witness, the lighting -- control them.

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