Category: Uncategorized
Complications Associated with Legal Videography
In today’s world, we are surrounded by videos. We watch them on our computers, smartphones, and televisions. We share them with friends and family, like them on Facebook, and even watch them over and over again for entertainment purposes.
Some of these videos are created for legal purposes, such as documenting an accident or crime scene. These types of videos are known as “legal videography.” Legal videography is a very important field that requires a lot of skill. You need to be able to properly capture what is needed in order to provide evidence for court cases.
This article discusses some complications that can arise with legal videography and how to avoid said complications. Keep reading to know more.
1. Ensuring Proper Video Calibration
You might think that video calibration is a minor problem, but it can have huge ramifications for your case. If your video isn’t calibrated correctly, it could lead to blurry footage, which means that the person watching it won’t be able to make out any details.
So a judge or jury member cannot properly identify the people or events in question, making it easier for your claims to be overruled.
Proper video calibration involves adjusting your camera’s settings so that it will produce clear images and sound, even under challenging conditions such as low light or extreme weather. You want to provide them with the clearest picture possible so they can make an informed decision about what happened at the scene of the alleged crime.
2. Good Focus
In order for video footage to be used as evidence, it must have good focus and capture relevant details of what happened. A blurry shot or one that does not show enough detail will make it difficult for a judge or jury to determine what occurred during an incident.
Poor focus can lead to an inaccurate representation of what happened during a specific event. A poorly focused video can be dismissed as not good enough proof of your claims. So when you shoot, ensure that you take a quick second to ensure that your recording is clear and focused on the subject.
3. Dealing with Shaky & Handheld Videos
Handheld videos can be challenging to shoot, but it’s essential that you get them right if you want your clients to be happy with their final product. If you’re shooting in low-light conditions, which is often the case, a tripod will help stabilize your camera so you can avoid shaky footage.
You should also try to keep your shots as close as possible and at eye level. This will allow your viewer to see exactly what’s happening in the video without straining too much. A good video is the first step toward a properly executed case.
4. Proper Editing and Formatting
You want your video to be formatted in a way that it makes sense and flows properly. Ensure that there are no irrelevant gaps between shots or unnecessary background chatter. A well-edited video can be easier for the judge and jury to observe than one that has too many glitches and background distractions.
As technology continues to improve and become more accessible, the legal videography industry has been growing rapidly in recent years. But with the influx of new companies and videographers, there have also been many issues that arise from time to time. But don’t worry! At Legal Media Experts, we help you get the proper video evidence that can help you present your case to the jury in an organized and presentable way. Get in touch with us today to learn more about our services and staff.
How to Prepare for a Virtual Deposition
Two years ago, many meetings, conferences, and legal proceedings that used to be conducted in person only were abruptly moved online. After the initial strangeness faded, people began to realize that virtual conferencing is just as effective as in-person meetings used to be. Video calls are often easier to schedule as no commute is required, and more people can be included as their global location is no longer a barrier. As the world settles back into pre-2020 rhythms, it appears that some things are staying online—including depositions.
While there may be times that it’s more convenient or appropriate to conduct depositions in person, video conferencing makes it easier than ever to meet with the people you need to while in discovery. Continue reading to learn more about the value of virtual depositions, as well as how you can best prepare for them.
Can Witnesses Legally Testify in Virtual Deposition?
Just like an in-person deposition, witnesses need to be sworn in before their testimony can be recorded. When you use a reputable firm like Legal Media Experts, we’ll take care of the swearing-in remotely by asking the witness to enter a statement on the record, then produce a government-issued ID and hold it to the camera for all participants to see. After this takes place, the proceedings can begin.
How Can I Share Documents or Exhibits?
Be sure to have all documentation marked in advance. You can share it directly with Legal Media Experts, who will ensure that it’s ready to go for the video call. During the call, the court reporter will share the information as it comes up using the screen share option. This ensures that everyone on the call can see what is being presented, and it means that you don’t have to worry about the technological side of things.
What if We Need an Interpreter?
Never fear—Legal Media Experts can assign an interpreter for the call. Just like all other participants, the interpreter will appear remotely and will translate verbally as they would in a live setting.
How Should I Prepare?
The single most important thing for you to do before a virtual deposition is to ensure that you can connect to the virtual conferencing platform and that your internet connection is stable and fast. After all, if you’re not able to connect to the scheduled call, all of your preparation won’t be worth much. Plan to show up in the virtual waiting room early so that you’ll have plenty of time to deal with any technical issues that may arise well before the deposition is scheduled to start.
Ensure that your background is free of distractions. If you’re able to blur your background, so much the better. The key is to keep the focus on the subject at hand. If you’re advising the deponent, be sure that their background is also “sanitized” and free from personal effects.
The new world of virtual proceedings may seem daunting to navigate, but our team here at Legal Media Experts is here to help! Get in touch with us today to learn more about our services and staff.
Managing The Court Reporter Shortage
Over the years, as many of us have anticipated here in the court reporting community, the number of court reporters has increasingly declined with less and less young adults taking interest in the profession and with more court reporting schools closing across the country. However, the demand for accurate, complete and immediate transcripts is on the rise.
How Legal Media Experts Meets The Demand?
Here at Legal Media Experts, we have connections all over the nation with dependable, reliable, and accurate court reporters. Our 40-plus years of experience has allowed us to handle the incoming demand for transcripts whilst also staying up to date on the latest available technology for all of your court reporting needs. Since Covid-19 and the need for virtual depositions, our staff have become experts in making sure we find a way to get your deposition on our calendar and scheduled!
Schedule your next Deposition here.
Basic Etiquette For Zoom Depositions
So you have found yourself in a situation where you have to participate in a virtual deposition. It’s no question that conducting a trouble-free deposition can be a challenge. Since COVID-19, it has become even more challenging to have your deposition run smooth. Here at Legal Media Experts, our staff have expertise in conducting well-organized depositions and have some tips on how you can help your virtual deposition run smoothly.
Make Sure You Have Good Internet Connection:
In order for our court reporter to be able to accurately transcribe your virtual deposition, you must have a good
internet connection so you can be heard crystal clear by all participants and our court reporter. This will help our
court reporter make your transcript as accurate as possible.
Set Up Where There Is No Background Noise & Use A Headset:
Background noise can make it incredibly difficult for our court reporter to hear the testimony. We want to
make sure that we can accurately transcribe everyone’s testimony. Having a quiet place to attend your virtual
deposition can ease stress and help you think clearer. Also, using a headset can help you hear everyone
clear and block out any background noise.
Make Sure One Person Is Done Speaking Before Answering:
Here at Legal Media Experts, it is incredibly important for us to make sure everyone is heard and our court reporters can properly get everyone’s testimony. Having a virtual deposition makes it even more difficult to know when one person is finished speaking. To prevent any misunderstandings in your transcript, wait until one person is done speaking before you answer/ask a question.
Pause Between Questions/Answers So Attorneys Have Time To Interject Objections:
We know that depositions can be stressful for participants, and with it being remote, this is especially more difficult. It goes much smoother and creates a better transcript if everyone waits between questions and answers so objections can be heard and recorded correctly.
If you have any further questions or would like to book your next Zoom Deposition, please reach out to us at 800-446-1387 or book online now! We look forward to helping you make sure your next Zoom Deposition goes off without a hitch.
Digital Reporters as Guardians of the Record
Court reporters have long been the official “guardian of the record” and hold an esteemed position in the legal field. The number of court reporters in the United States has steadily declined over the past two decades, leading to a shortage of court reporters across the country. To deal with this shortage many court reporting firms have begun to schedule digital reporters, the most common alternative when a stenographer is not available.
Attorneys and paralegals are sometimes hesitant to use digital reporters, though, mistakenly believing that digital reporters aren’t held to the same professional standards and ethics as stenographic court reporters or that they won’t produce quality transcripts.
Can digital court reporters be trusted to be”guardians of the record”? As long as you’re using a digital court reporter who’s been professionally trained or certified, and who works for a reputable court reporting firm, the answer is a resounding yes. When you receive the finished product – the official transcript – you will not be able to differentiate between a digital court reporter’s transcript and a stenographic court reporter’s transcript.
As Steve Townsend, writing at Law.com, noted, digital court reporters must go through rigorous testing to obtain a certification through their professional organization.
“The American Association of Electronic Reporters and Transcribers (AAERT) was founded in 1994 by a small group of audio reporting and transcription professionals. The founders recognized the need to support electronic court reporting by establishing best practices and certification programs. Today, AAERT offers certification for digital court reporters and transcribers nationwide. A certified electronic reporter, or CER, must demonstrate professional knowledge and skills in the use of modern digital recording technologies, court reporting rules and procedures, legal vocabulary and best practices for annotations and exhibit management. CERs must be a notary public in the state where they practice, ensuring that they can swear in witnesses.”
And, contrary to some urban legends, digital court reporting (sometimes known as electronic recording) is allowed in depositions, at least under the Federal Rules of Civil Procedure in most states. Townsend continued:
Recently, the Federal Rules of Civil Procedure were amended to allow for the unrestricted use of electronic recording to capture the official record in a deposition. And, by recently, I mean in 1993!
That’s right: Audio recording has been permitted under the FRCP for more than 25 years. While some states, including California, require notice and stipulation to use non-stenographic methods of recording in depositions, many states have no special requirements, and audio recording has been used successfully for decades.
At this point, professional court reporters must adapt to changing circumstances and technologies or face the loss of their livelihood. (Emphasis added.)
The current market turmoil is certainly not the first time that a traditional service has been disrupted by a new method, and it won’t be the last. The robustness and reliability of digital recording technology are self-evident. You record audio and video every day on your phone, your television and your computer. The legitimate concern with the transition to digital reporting of depositions has related to the person behind the recorder. The good news is that we already have a well-developed professional community with certifications and best practices ready to support you.
Make no mistake: If you have not had a problem scheduling a stenographic court reporter yet, you will. And when that happens, there is a good chance that your court reporting firm will send a digital reporter to cover your deposition.
Should you be concerned when that happens? Not if you are scheduling through a reputable firm that hires professional, trained and certified digital reporters and transcribers. You trusted your court reporting firm before and you can trust it now.
Legal Media Experts is proud to be an industry leader in emerging technologies. Our digital reporters have years of experience, and we continue to implement new technologies to serve you better.
But wait: I need a transcript. How do I get that? How long will it take? And how much will it cost?
Rest easy, we will cover that in the next post.
Court Reporting in this Wisconsin County Has Gone Digital
Facing an ongoing shortage of court reporters to fill open positions, officials in the state of Wisconsin are in the process of outfitting every courtroom in the state with digital court reporting equipment.
The courthouse in Columbia County will be one of the first to receive the new equipment. Circuit Court Judge Andrew Voigt explained the urgency behind the move:
“There is a very significant percentage of court reporters in the state of Wisconsin eligible to retire in the next five years, dramatically more than are graduating from court reporting schools in Wisconsin. There is no conceivable way that the graduates could fill all of what will be open spaces.”
The County’s Management Information Services director noted that the only cost to the county related to equipment will be the $16,000 required to upgrade wiring in the courtrooms to accommodate the systems. But, the county wants to make sure it can always provide services to its residents.
“This is a response to (an expected shortage of court reporters), because we as a court system don’t ever want to be in a position where we can’t hold court because we are missing personnel.”
Many attorneys aren’t big fans of audio or video courtrooms and are sometimes hesitant to use digital reporters, mistakenly believing that digital reporters aren’t held to the same professional standards and ethics as stenographic court reporters or that they aren’t able to produce quality transcripts. Steve Townsend, blogging at Law.com, said that’s simply not the case:
“The American Association of Electronic Reporters and Transcribers (AAERT)offers certification for digital court reporters and transcribers nationwide. A certified electronic reporter, or CER, must demonstrate professional knowledge and skills in the use of modern digital recording technologies, court reporting rules and procedures, legal vocabulary and best practices for annotations and exhibit management.
“The current [court reporting] market turmoil is certainly not the first time that a traditional service has been disrupted by a new method, and it won’t be the last. The robustness and reliability of digital recording technology are self-evident. You record audio and video every day on your phone, your television and your computer. The legitimate concern with the transition to digital reporting of depositions has related to the person behind the recorder. The good news is that we already have a well-developed professional community with certifications and best practices ready to support you.”
Fortunately for residents of Columbia County, statements from officials to local press seem indicate that they understand the need to have a trained digital court reporter operating the equipment:
“While the system is meant to fill gaps in the absence of a court reporter, it will not eliminate the need for someone to operate the computer system used to record, and create transcripts from the recordings nor will it eliminate all court reporter positions throughout the state.
“[Circuit Court Judge] Voigt said this person will likely be a state employee, with similar duties to a court reporter, such as ensuring the recording equipment is operating properly, the recording is clear and understandable and creating a transcript of the recording.”
The state will be responsible for archiving and managing the recordings, and making them available to litigants.
Legal Media Experts has always been an early adopter of emerging technologies. As such, our professional digital court reporters have years of experience and are ready to handle any deposition, hearing, or mediation situation. To schedule your next deposition, use our handy online scheduling tool or call 800-446-1387. Our scheduling experts are ready to answer any of your questions.
Greensboro Court Reporting
Located in the Piedmont region of North Carolina, Greensboro was settled in the 1750s by Quaker migrants from Pennsylvania. At that time it was known as Capefair, but was renamed after the Revolutionary War to honor Major Nathanael Greene. From the antebellum era until today, Greensboro has been a hub of the textile industry.
Greensboro is home to the University of North Carolina at Greensboro and to a historically black college, North Carolina A&T University. A&T students were a major force in the civil rights movement, including the Greensboro Four, who led sit-in’s at the lunch counter at the Woolworth’s downtown. That building is now the International Civil Rights Center and Museum.
When visiting Greensboro for depositions, in the downtown area we recommend the Marriott and Hyatt Place, and in the airport area we recommend Embassy Suites. Popular downtown restaurants include Dame’s Chicken and Waffles and Blue Denim. Near the airport, enjoy a hearty meal at Carolina’s Diner.
Legal Media Experts offers professional court reporting and videography services and deposition suites in Greensboro, High Point, and beyond. Contact us using our online scheduling tool or by phone at 800-446-1387 and we will make sure all of your needs are taken care of.
Lawyer Fined $50,000 for Inappropriate Deposition Questions
When taking depositions in any case, attorneys balance their zealous representation with their clients with adherence to ethical and professional guidelines. In family law cases, that adherence is even more important because minor children can suffer extreme “collateral” damage.
In a case out of Ventura County, California, a state appellate court upheld sanctions that had been imposed by a Ventura County, California judge against an attorney in a child custody case. The attorney’s questions, the judge ruled, exposed confidential information gleaned from court-ordered custody evaluations to those who shouldn’t have access to such information.
“[The opinion] affirmed the sanction slapped on attorney Lisa H. Meyer of Los Angeles but reverses the order rendering Meyer’s client jointly and severally liable.
Meyer asked Yeager several questions related to a child custody evaluation ordered by the court in the proceeding, which included a psychological report on the child.”
In general, information from child custody evaluations or psychological reports in child custody and/or visitation proceedings is confidential unless it falls under narrow exemptions. If the disclosure isn’t exempt, the Court can sanction attorneys and parties.
“Family Code §3111(d) permits the court to impose sanctions upon a determination that ‘an unwarranted disclosure of a written confidential report has been made….’ Sec. 3111(f) states that ‘a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interests of the child.'”
Meyer’s contention that this rule “applies only to protect the written report itself, and not the information contained in it,” was “absurd,” Presiding Judge Arthur Gilbert said. He said that while attorneys must serve their clients vigorously, their advocacy must also “be tempered by the professional and ethical constraints the legal profession demands,” and, “unfortunately, that did not happen here.”
Durham Court Reporting
Durham was a sleepy Southern town prior to the Civil War, but was built by tobacco and textiles during the post-Civil War era. One of the world’s largest corporations, American Tobacco, was founded here by Washington Duke. Trinity College, which was brought to Durham thanks to Duke’s generosity, was renamed Duke University nearly 20 years after his death. The Duke family also started textile mills in the area and expanded throughout the state. While the tobacco warehouses aren’t used for tobacco anymore, they’ve been repurposed and house some of the city’s best restaurants, art galleries, and shops. The Duke institution that brings most attorneys to Durham, though, is world-renowned Duke University Medical Center.
Our Durham office, located on Broad Street near the NC School of Science & Math, is close to shopping and dining on Ninth Street, including top-rated Parizade. For lodging, in the downtown area we recommend the Durham Marriott City Center. Closer to the Research Triangle Park, at Southpoint, we recommend Hyatt Place.
If you have some extra time while you’re in Durham, check out the gorgeous Sarah P. Duke Gardens at Duke University, the Duke Basketball Museum, or, depending on the time of year, catch a minor league baseball game at the Durham Bulls Athletic Park.
Legal Media Experts provides deposition suites and professional court reporters and videographers in Durham, and we would be honored to handle all of your deposition needs in the Durham area. Schedule today using our online form or call the office at 800-446-1387 and we will make sure you’re taken care of.
Fired Court Reporter Blames His Misconduct on Court Clerk
After the head court reporter in Manhattan’s civil courts was dismissed from his job, he filed a wrongful termination suit against his former employer giving an unusual reason for his misconduct.
John Phelps filed suit against the New York State Unified Court system seeking reinstatement to his job. He formerly supervised approximately 60 people working in four state courthouses. As a supervisor, he was to only “rarely” transcribe cases, but the judge who determined Phelps should be dismissed characterized him as a “bully” who threatened his subordinates.
According to the court documents, some colleagues testified in Phelps’ defense and spoke highly of him, but other witnesses said he did little actual supervising and took home tens of thousands of dollars per year by disregarding the part of his job description that said he should only “rarely” transcribe proceedings.
“As one who has devoted over half a century to public service, it is not easy to recommend the termination of employment of another public servant,” wrote Joseph Fisch, a retired judge who heard the court system’s case against Phelps. “But I cannot faithfully discharge my responsibility … by failing to take notice of the portrait of respondent that emerged after the evidence presented to me.”
Fisch wrote that Phelps was a “bully” who threatened to fire employees who crossed him. In addition, according to Fisch, Phelps “brazenly proclaimed his unqualified disdain for non-lucrative reporting work,” by saying, “I don’t do pro se” when he learned a party was self-represented and less likely to order a transcript.
In addition to his actions related to subordinates, Phelps was accused of misappropriating funds from an account the office had set up to buy gifts for judges and judicial staff.
According to the judicial hearing officer’s decision, Phelps was chronically late, delegated much of his administrative work to a “deputy” and picked plum reporting jobs for himself. He also “borrowed” thousands of dollars from an account meant to buy gifts for judges and his staff and pleaded guilty to misdemeanor petty theft in connection with his use of that money.
Phelps claims that “the court system crossed a line” by firing him, and says that the (now retired) Chief Clerk of the Manhattan Supreme Court Civil Term, John Werner, gave him permission to “work with referees or take daily assignments from judges” – the “plum” assignments, as evidenced by an email Phelps produced in which Werner said it was “no problem” for Phelps to take such assignments. However, it’s unclear whether Werner understood what that meant to the other court reporters in Phelps’ office, who were paid much less than Phelps, to have their boss competing with them financially, and whether Werner meant Phelps had carte blanche to take as many plum assignments as he wanted.