Video conference technology has significantly changed litigation practice. We may think of it solely in the context of expert witnesses, but the technology benefits parties and lay witnesses as well. Here are some benefits and challenges of remote deposition and trial testimony.
Key Benefits
- Accessibility and Flexibility: Video conference technology allows parties, witnesses, attorneys and experts to participate from remote locations. This expands access to justice, enabling participation from individuals who might otherwise be unavailable due to distance, health, or other constraints.
- Cost Reduction: The shift to remote depositions and proceedings lowers costs associated with travel, accommodations, and in-person logistics. Video depositions and virtual hearings make legal processes more affordable for all parties.
- Efficiency: Attorneys can prepare more effectively by accessing recordings, digital exhibits, and transcripts instantaneously. The ability to review and annotate video depositions speeds up trial preparation and claim resolution.
- Capturing Non-Verbal Cues: Video depositions and trial testimony allow recording of demeanor evidence – facial expressions, body language, and tone – which provide context that written transcripts alone lack. This can influence perceptions of credibility and intent.
- Enhanced Collaboration: Attorneys can collaborate with clients and team members more seamlessly and securely using digital platforms with features like breakout rooms and real-time exhibit sharing.
Challenges and Limitations
- Technical and Security Issues: Reliance on stable internet connections and secure software is critical. Technical failures, privacy concerns, and potential cybersecurity threats are more pronounced in remote settings.
- Effect on Fairness and Rights: Remote proceedings can diminish the rapport and communication between parties—especially between defendants and counsel in criminal cases. Lack of confidential sidebars and challenges in controlling the virtual courtroom may affect fairness and due process.
- Procedural Complexity: Introducing and reviewing exhibits is more complex in virtual settings, requiring careful pre-hearing coordination. Managing sequestration of witnesses can be difficult.
Additional Insights
- Witness Comfort and Protection: Video technology can reduce stress for vulnerable or intimidated witnesses by allowing remote testimony. It also enhances protection for at-risk witnesses and minors in sensitive cases.
- Expansion of Multimedia Evidence: Video-based and multimedia depositions allow for the integration of digital exhibits, recordings, and other demonstratives, enriching evidence presentation for juries and judges.
- Long-Term Impact: As technology evolves, AI integration, instant transcription, and improved security are expected to further streamline legal proceedings.
In summary: Video conference technology has made depositions and trials more flexible, accessible, efficient, and cost-effective. However, concerns remain regarding technical reliability, security, and the full preservation of participants’ rights and courtroom dynamics.
