Navigating the Return to In-Person Depositions: A Guide for Attorneys
As the world gradually shifts back to in-person interactions, the legal community faces the task of readjusting to conducting depositions face-to-face. After a prolonged period of virtual proceedings, the return to traditional settings brings both relief and challenges. This article provides practical tips for attorneys looking to seamlessly transition back to in-person depositions, ensuring that the process is both efficient and effective.
Embrace a Hybrid Approach
Even as we return to in-person depositions, the lessons learned from virtual settings can still apply. Consider a hybrid approach where appropriate. Utilize technology to share documents electronically or to allow key witnesses to participate remotely if travel constraints exist. This blend of traditional and modern methods can enhance the deposition process, making it more flexible and accessible.
Refresh on Courtroom Decorum
After months of virtual meetings, it’s essential to reacquaint yourself with the formalities of in-person courtroom decorum. This includes professional attire, direct interaction with witnesses and opposing counsel, and the physical management of exhibits. A refresher on these aspects can help maintain a professional atmosphere and ensure proceedings run smoothly.
Revisit Exhibit Handling
In virtual depositions, sharing exhibits electronically became the norm. Returning to in-person depositions requires a shift back to handling physical documents. Plan ahead on how you’ll present exhibits, whether it’s through printed materials or using technology in the deposition room to share documents on screens. Familiarize yourself with the available equipment and ensure you have backups of all materials.
Enhance Communication Skills
Virtual depositions often highlighted the importance of clear communication, given the limitations of not being physically present. Carry forward these skills to in-person depositions, where body language and direct eye contact play a significant role. Be mindful of non-verbal cues and ensure your questions are concise and clear to elicit the best possible responses from witnesses.
Prioritize Health and Safety
While the return to in-person depositions marks a step towards normalcy, health and safety should remain a priority. Follow the latest guidelines from health authorities, including the use of masks and hand sanitizer, maintaining social distance where possible, and choosing well-ventilated rooms for depositions. These measures not only protect all participants but also demonstrate a commitment to public health.
Leverage Technology for Efficiency
Technology played a pivotal role in conducting depositions during the pandemic, and its benefits continue in the traditional setting. Use deposition software to organize notes, exhibits, and transcripts. Additionally, consider recording in-person depositions (where permitted) as a backup and for review purposes. These tools can increase efficiency and accuracy in case management.
Practice Patience and Flexibility
Finally, transitioning back to in-person depositions will require patience and flexibility from all involved. Be prepared for adjustments as courts, witnesses, and attorneys navigate the evolving landscape. Flexibility in scheduling, location, and format will be key to overcoming challenges that may arise during this readjustment period.
Conclusion
The return to in-person depositions represents an opportunity for attorneys to blend the best of both worlds—leveraging the efficiency of technology with the effectiveness of face-to-face interactions. By embracing a hybrid approach, refreshing on courtroom decorum, and prioritizing communication and safety, attorneys can navigate this transition smoothly. The goal is not just to return to how things were but to move forward with practices that enhance the deposition process in a post-pandemic world.
Depo Universe is happy to answer any questions for tips not mentioned here for working on-site. Ensure your next deposition is videotaped professionally with Depo Universe here.
