Video depositions are very tricky because they are rarely honoured by courts. In the novel Rainmaker by John Grisham, the lawyer made a video deposition of his dying client because he was bedridden and near death. Fictional as it may be, the context of video depositions has some legal value to the court but only if done right. Sometimes, lawyers take advantage too much of technology and use videos as a means to get their clients out of cross-examination.
How does one do video depositions correctly? Lawyers should keep in mind that video depositions are not a ticket out of court battles. It can be rendered useless by the judge, so don’t use it as an excuse letter for your client to skip out on their legal obligations. Video depositions done on sick clients bear a heavy weight in courts, so proceed with caution or ask an expert to help you with this one. Video depositions should still be as thorough as a normal deposition. The questions and answers need to be very clear and it’s not an excuse when you can’t hear what they say due to old sound systems.
For lawyers, video depositions are not a gift but a responsibility towards proper legal practice and methodologies.