Litigation Psychology Podcast #67 - Virtual depositions
Colleen Burke, James Hunter, and Kari Melkonian, Attorneys with Michigan law firm Collins Einhorn Farrell join Dr. Steve Wood to discuss the topic of virtual depositions. The group shares their experiences thus far with doing online depositions, including how they got started and what they've learned as best practices, plus things to watch out for. They discuss the advantages and disadvantages of preparing clients virtually and conducting depositions over Zoom and the importance of testing the technology beforehand and teaching the witness to identify and address any issues or distractions that can be dealt with in advance of the deposition day. They share how they remind deponents about the fact that these are formal proceedings, even when being done from the comfort of your own home, and what the protocols and procedures are that they need to adhere to. The panel emphasizes the importance of a good performance at deposition and how a bad deposition can result in a settlement offer being pulled or increasing exponentially. Lastly, the group weigh in on their expectations about whether jury trials would ever be conducted virtually.