We all know the famous saying “a picture is worth a thousand words.” Well, in today’s visually driven world, a video is worth a million. The legal profession has recognized the impactful power that videos have in both capturing interest and influencing opinions. It is because of this that videography is being used more and more in depositions.

Videotaped depositions can play a major role in the outcome of the litigation process for a variety of reasons. One of those reasons being that video depositions can serve as a substitute for live testimony. For example, if a witness cannot be present to testify in court, his or her videotaped deposition can be played during the trial. Also, in the rare, unfortunate instance that a witness becomes ill or passes away and can no longer testify in trial, a video deposition can preserve his or her important testimony.

Another key role of video deposition is that it can be more impactful to the jury than a mere reading of the deposition transcript. For example, if a witness would happen to alter his or her testimony in court, the videotaped deposition can prove the inconsistencies between the two testimonies. If the jury can actually physically watch the witness answer the same question differently, it could be much more effective than listening to the attorney read the transcript. When watching the video, the jury gets to watch the witness’s body language firsthand, which could be very telling if he or she is being truthful or dishonest.

Many attorneys and law firms are turning to video depositions because they can utilize the clips of video to create engaging, powerful presentations to play during trial. These video presentations bring cases to life, presenting key case facts, important testimony, background information, etc. These presentations can be much more compelling and stand out against the surplus of written transcripts and legal documents. At PohlmanUSA, our certified legal video specialists can create presentations that enhance and convey accurate and authentic details about your case. They can combine diagrams, exhibits, and videos to create a persuasive presentation that is sure to capture the attention of your audience.

At PohlmanUSA, we provide high quality, cost-effect videography services at depositions nationwide. However, we don’t stop there, we also offer trial support services, including: trial playback, video editing, exhibit services, and more. To learn more, call 877-421-0099 or visit: www.pohlmanusa.com.

Pohlman Reporting Company LLC (Pohlman), a preeminent national court reporting agency with international reach providing a suite of technology-driven litigation, announced the acquisition of Evans Reporting Service, a premier provider of court reporting and related services in the Mid-Atlantic region of the United States.

With its headquarters in Baltimore, Maryland, the acquisition of Evans Reporting Service expands Pohlman’s footprint in the Mid-Atlantic region. It also provides Pohlman a well-established and reputable presence in and around Maryland as the company enhances its growing national footprint.  The joining of two leaders in complex, multiparty and asbestos litigation, provides a combined, incomparable force in court reporting for law firms throughout the United States.

Pohlman has headquarters in St. Louis, Missouri as well as 16 offices throughout Missouri, Illinois, Michigan and Maryland. The company has provided court reporting and litigation services worldwide for more than 28 years.

“Expanding with Evans Reporting Service seemed the perfect next step in growing Pohlman and providing the customer service and technology-driven services clients expect from both Pohlman and Evans on a national scale. In combining the dedication to high standards of quality, ethics, and accuracy that both agencies possess, Pohlman remains committed to providing technology-driven services to clients no matter where they have a need. Additionally our combined repository of asbestos transcripts now exceeds 110,000,” says Deborah J. Walters, Pohlman Reporting Company LLC President and CEO.

Barbara Evans, Co-founder of Evans Reporting Service, stated, “Working with Pohlman, we have found their staff, court reporters, and proprietary technology to be ahead of other agencies. Their philosophy of treating each client like their only client is the same as ours. The principles encompassed in the vision and culture at Pohlman is consistent with our core values. We have worked with the team at Pohlman to ensure a seamless transition for our clients, reporters, and staff moving forward.”

The partnership provides a full-service court reporting, records retrieval, and trial services agency with 16 offices and service capabilities coast-to-coast. “For over two decades, our firm and many of our mutual clients have been working with Pohlman and have found their staff, court reporters, and technology to be top notch.  We look forward to working with the Pohlman team and are excited for the opportunity to bring their technology infrastructure to our clients providing more services, cost savings and efficiencies to law firms and legal corporate departments worldwide,” added Evans.

“We are very pleased and proud to partner and invest with Evans Reporting Service. As the court reporting industry has contracted, we believe that agencies built on integrity and ethics will continue to thrive. This partnership brings together two like-minded agencies with rich histories of providing stellar client-first services and positions us well for future growth,” added Walters.

Focus groups and mock trials can be a great benefit in preparing for trial. While similar in some ways, mock trials and focus groups are two very different exercises. The first step in using these preparation tools is to choose the one that proves the most advantageous to your case.

What is a focus group?

A focus group is a group of people recruited to participate in a guided discussion and provide feedback.

When used by the legal industry, participants are typically given short statements or read an opening or closing statement, then asked for feedback without receiving instructions on the law or background on the case. The proceedings are less formal than a mock trial.

When should I use a focus group?

Focus groups are often used early and throughout trial preparation to gather information during discovery and assist in evaluating the merits of the case. Participants are asked questions about what they think or feel about specific topics. Exploring the values and thought processes of a focus group when evaluating evidence in a case may indicate how a jury will react to the evidence during trial.

With a focus group, you may discover the strengths and weaknesses of your, as well as your opponent’s, case.  In a focus group, it is most effective if your questions center around the case facts from the vantage point of both sides.

Information gathered and answers received from focus group participants are helpful in testing the case strategies you plan to use in trial. With thoughtful, prepared questions, you may gather word tracks and verbiage that resonate with people in the group, and thus with potential jury members. This allows you to modify your language during actual trial presentation, using verbiage that is shown to have higher impact.

What is a mock trial?

A mock trial is a “practice” trial set in a simulated courtroom utilizing attorneys or staff members in the role of attorneys and the judge. In a mock trial, participants frequently are given opening and closing statements, hear from one or more “witnesses” or “experts”, and may even get to see evidence as it would be presented in court. Then they are asked to deliberate, as a real jury would, and reach a verdict.  Deliberations can be observed through a two-way mirror. Once the verdict is reached, participants are asked questions about trial presentations, effectiveness of exhibits, believability of witnesses, and what was important during deliberations. In some instances, the participants are split into two groups for closing statements and deliberations to get feedback on what closing is most powerful to potential jury members.

When should I use a mock trial?

A mock trial is a more formal experience that allows your team to practice in a realistic setting. Less practiced trial attorneys may wish to use the mock trial to hone trial skills and receive valuable feedback about their presentation skills.

A mock jury may not predict the outcome of your actual trial, but you will see strengths you want to emphasize and weaknesses you need to address during the actual trial.

Additionally, mock trials can be used to prepare a witness for questions they will be asked in trial. The mock trial recreates the stress and atmosphere of a courtroom trial, giving your witness realistic conditions under which to practice testifying. Often mock trials are videotaped, providing the opportunity to later view, critique, and improve upon your own, as well as your witness’s, presentation to the jury.

Mock trials help you get into the heads of potential jurors, watch them deliberate and learn which points had the biggest impact on their decisions. As the facts and information is fresh to them, mock jurors often have a different view of your case and may come to a different conclusion than you expect. It is better to find this out during a mock trial than in trial.

Can I use a focus group and a mock trial together?

Yes. Using a combination of both focus groups and mock trials for one case provides the biggest potential advantage. A focus group gives you information early in the case that allows you to make decisions about the case strategy before you get overly invested in one way of thinking. Then, as your case gets closer to trial, a mock trial setting will give you an opportunity to make final strategy decisions and improve your trial presentation before stepping in front of the actual jury.

How do I prepare?

Conducting focus groups and/or mock trials is not for the faint of heart. They take a lot of time, preparation, and energy. First determine if you will conduct the process on your own or use an experienced expert in the field. If you are determined to run it on your own, remember that people you recruit as participants are important but so is the time you spend preparing. Consider the activity, whether focus group or mock trial, as the real trial and prepare accordingly.

If you feel utilizing an expert to assist you will provide you the best results with less stress, start by locating a reputable company. Ask for referrals from other colleagues or you can find these services by calling trial services or focus group agencies. Some court reporting agencies that also specialize in trial services offer mock jury and focus group services.

When you call to set up a focus group or mock trial, be prepared to answer the following questions:

• Would you like to schedule a mock trial or focus group?
• How many people will you need in the group?
• Do you want to conduct it in your office or their office?
• Are there specific ages, genders or ethnic groups you would like represented in the group?

Once you have answered these questions, the trial service firm will begin recruiting participants and will schedule a date for your event.

Preparing for a Focus Group

You should arrive with your list of questions for participants. Planning ahead will allow you to gather more useful information during the time spent with the group. This is your chance to ask participants how they think and feel about specific issues in your case. Once hearing the answers, you may make crucial decisions, such as, whether to request a change of venue or if the settlement offered needs to be reconsidered. The process may also assist you in your jury selection process and in determining what theme(s) to emphasize in trial.

Preparing for a Mock Trial

Preparing for a mock trial can be time intensive, but the careful consideration and planning will be an advantage for you during your trial. You should arrive to the mock trial with an outline of presentations for both plaintiff and defendant. You will present your side of the case. You will need to bring someone from your firm or a colleague who will present your opponent’s case.

Consider using focus groups and mock trials in your next litigation. Once you have tried these tools, you will discover numerous ways to use focus groups and mock trials to gain an advantage during your next trial.

Looking back on 2017, we here at PohlmanUSA are grateful for the opportunity to work with so many clients across the nation. As we are now in a new year, we want to thank you for your business. PohlmanUSA has been built, not only on the extensive efforts and impassioned dedication of our entire team, but also on the reputation and referrals that we receive from you. We appreciate that you have trusted us as your court reporting and litigation service provider.

In addition to the numerous types of litigation we have covered this past year, including pharmaceutical, medical device, asbestos, FELA, and others, we have been busy expanding our services and offices during 2017. In order to better service our clients nationwide, we have acquired O’Brien & Bails Reporters, headquartered in Kalamazoo, Michigan. This past summer, we also acquired Amicus Court Reporters, Inc. in Chicago, Illinois, and relocated our Chicago offices into their space at 300 West Adams, Suite 800.

Because we are always listening to our clients, PohlmanUSA has continued to invest in updating our web applications.  We rebranded our Desktop Video Conferencing system to MpVC (Multi-platform Video Conferencing), because we realize, in today’s mobile business environment, clients expect the ability to work from anywhere. As a litigation services partner to firms engaging in depositions from coast to coast, the option for attorneys to “appear” at depositions on smart phones or tablets is appealing and expected. As the leading nationwide provider of technology-driven court reporting and litigation services, we provide MpVC to combine the convenience of telephonic deposition attendance with the benefits of appearing in person.

During 2017, we were busy developing eSignature for the court, MyCourtESign. This system was designed to simplify the judicial review process and improve the overall processing time of orders. Currently this tool is being utilized for the asbestos docket in Madison County, Illinois.

Below is our complete list of services:

Multiparty Litigation Systems

• MyDocFileServe™ (MDFS) is an efficient and cost effective solution to electronically file or serve documents in complex, fast-paced, and large litigation. It is designed for all parties involved in the asbestos litigation in Madison County, Illinois.
• MyDocServe™ (MDS) is our electronic service list and online docket management system designed as an electronic document service solution. It is currently used in St. Clair and Massac Counties, Illinois.
• MyRecordsRetrieval™ (MRR) is our custom records collection, management, and online distribution service. MRR is an encrypted, HIPAA-compliant, and customizable system for managing records in complex cases. MRR maintains asbestos cases for Madison, St. Clair, and Cook Counties, Illinois, as well as St. Louis City and other Missouri venues.
• MyRecordsRetrieval™ Private Collection is our trusted records system expanded to provide records privately to one party. Records are accessible online, with convenient 24/7 access.
• MyCase™ is our online case management system that has been customized for information efficiency.
• Trial Calendar is a comprehensive solution for tracking Madison County asbestos trial dockets in a single, organized, online solution.

Court Reporting Services

• Nationwide Court Reporting – PohlmanUSA is experienced in organizing and attending thousands of depositions each year while ensuring our clients receive personalized service and flawless products. Our reporters are among the best in the industry with numerous certifications and extensive backgrounds in a variety of litigation.
• Trial Court Reporting – Partnering with an expansive network of more than 450 professional court reporters consisting of registered professional reporters, certified merit reporters, and certified realtime reporters, PohlmanUSA assigns multiple court reporters with the appropriate level of experience and certification for each hearing or trial.
• Realtime Court Reporting – A Certified Realtime Reporter (CRR) uses a combination of stenographic skills, technology, and high-speed writing to provide an instantaneous translation of the deposition transcript onto an attorney’s laptop or tablet screen, and adds resources during the deposition by allowing for keyword searching and annotating.

Videography and Technology

• Videography – Provided nationwide, PohlmanUSA delivers accurate and well-documented videography for your court depositions to engage and better inform the jury.
• Multi-platform Video Conferencing (MpVC) – Dealing with increased caseloads and addressing sensitivity to litigation budgets, MpVC combines video streaming, video conferencing, and electronic exhibits into one powerful package.
• Picture in Picture (PiP) – Our experienced video team uses PiP to show video, documents, and other media simultaneously to maximize efficiency in media usage.

Trial Services

• Litigation Services – Trial support and litigation services include trial playback, video editing, file reformatting, media duplication, and other post-production abilities.
• Mock courtroom – Our relocated and expanded Chicago office space includes a modular courtroom with private viewing rooms available for mock trials or to use for focus groups.

We are committed to progress as a company and to provide exceptional customer service. PohlmanUSA will continue to be on the cutting edge of court reporting and litigation services, integrating our experience and expertise with powerful new technological tools. We look forward to another successful year working with you. From us here at PohlmanUSA to all of you, we wish you a happy, successful year. And remember… We’re Always Listening. ®

Video depositions are an increasingly common and valuable tool used by attorneys during discovery and trial. Every day we use screens to view information on televisions, computers, tablets and smartphones. Because this is the way we gather and consume information, using screens to show video of a witness’s testimony makes the information much easier for your jury to absorb. This is only one of the many reasons video depositions are becoming a common tool for attorneys to use in litigation.

What is a video deposition?

A video deposition is simply a deposition with, in addition to a court reporter, a videographer present to record the testimony. The videographer brings the equipment and expertise necessary to record the deposition. As the scheduling attorney, all you have to do is ensure your Notice of Deposition lists video on it.  When the deposition begins, you will question the witness in the same manner as you would if the deposition were not videotaped.

Why have video depositions become so popular?

With time and experience, the legal profession has discovered there are many reasons to use video in depositions. When video depositions were first available, they were usually taken if a witness was not going to be available or physically able to attend trial. Video depositions also allow attorneys to save on travel costs if the deposition is located out of state. While these advantages are still true today, attorneys have discovered other benefits of using video in a deposition.

During a trial, the jury’s job is to listen to a witness, determine credibility, and absorb facts about the case. Your jury will be able to hear your absent witness emphasize certain points or hear voice inflections that can add meaning to words alone. They will also see the demeanor and manner of the witness which could be key in your success informing and convincing a judge and jury of the facts as you present your case.

One of the most direct advantages of using video depositions is to impeach a witness. Inconsistent statements can be demonstrated by playing back a particular portion of a video deposition. Hearing and seeing a witness testify from a deposition can help a judge and jury determine a witness’s honesty, memory and sincerity.

Some indirect advantages of using videotaped depositions are that your opposing counsel’s objections or witness’s antics can be viewed in context throughout the case. Sometimes having a videographer present can even cause opposing counsel or a witness to behave in a more professional or honest manner.           

How do I find a good videographer?

If you are the party taking a video deposition, most likely you are responsible for arranging to have a videographer present. Most court reporting firms have videographers on staff and will arrange for a videographer to be present. Ideally you should hire a videographer who has experience recording legal video and presenting it in the courtroom. Certification is one way for videographers to demonstrate they have sufficient knowledge and experience in recording legal proceedings. The National Court Reporters Association offers a Certified Legal Video Specialist certification.

What do I need to know to take a good video deposition?

If you have never seen or taken a video deposition, here are a few tips that will help you get started.

Speak to your videographer before the deposition if you have questions about camera placement.  Often the camera will be aimed primarily at the witness, with their head and shoulders appearing on the screen. Your videographer will be able to suggest the room setup that works best for video including placing the witness in front of a bare wall or backdrop to eliminate any distractions in the background of the video.

Be sure the videographer is ready when you go on the record.  If your videographer is having any technical issues, he or she will ask for a break to correct any equipment issues.

Be sure your questions are completely verbalized, just as you would for a non-video deposition. The audience may not be able to see you, therefore, will not be able to determine meaning from your gestures. Remember, video is forever, so be sure to conduct the deposition in a highly professional manner.

Consider using multiple video cameras at the deposition. This provides the option for editing the footage to use in trial showing both the questioning attorney and witness. By having the ability to have this sort of movement when presenting video clips to a jury, you can keep them engaged.  The effect is one like they experience when watching different camera shots on a television show during what could otherwise be tedious and boring footage.

If you will be preparing the witness for the deposition, there are a few instructions you will want to cover with them beforehand. They should dress professionally, ideally with clothing that does not have a bold pattern. Ask your witness to refrain from fidgeting or giving facial expressions such as eye-rolling or grimacing. Ask the witness to look at the questioning attorney, rather than the camera, when answering questions.

How do I play the video in the courtroom?

Should your case go to trial, you can hire the same videographer or someone from their team to present the video in the courtroom. They will edit or clip the video per your request pretrial and bring the equipment necessary to court to show the video clips in court. If you have questions about how video will be played, call your videographer and ask. They will be happy to give you information on your options for playing back video testimony.

High quality and concise playback is very important in the courtroom. Attorneys should provide the videographer editing their video with as much time as possible to prepare and quality control the clips.  The easiest way to handle this is to provide both your proposed clips and opposing counsel’s proposed clips to the editor pretrial. The videographer will prepare the edits.  As objections are ruled upon, it is easy for them to then take the already edited video and remove small sections as needed. This process will help in cutting down the number of times the video is edited and the time it takes to complete those edits. Contact your videographer or court reporting agency if you have questions about the editing process.

Besides video depositions and courtroom playback, there are an array of other trial presentation services that can be provided by court reporting agencies. If you are interested in learning more about services that may be available to you, read the article, “Gaining Courtroom Advantage with Trial Presentation Services.”

http://pohlmanusa.com/gain-courtroom-advantage-with-trial-presentation-technology/

If you have yet to take a video deposition, now is the time to get started. A good way to start is one case at a time. Most attorneys quickly see the benefits of working with a videographer and appreciate the ease with which they can present video testimony at a later date. They also recognize the advantages and success video gives their cases and their clients during litigation.

PohlmanUSA provides professional video experts combined with industry-leading equipment to deliver high quality, cost-effective video services at depositions and trials nationwide. To learn more about video services available visit http://pohlmanusa.com/our-services/videography/