Lawyers need every advantage they can get when representing clients against large corporations due to the limited resources and odds they frequently confront. In order to prevent a jury’s verdict from being influenced, it is necessary to watch out for witnesses and clients.
Attorneys should be cognizant of the use of video deposition when it comes to how their clients and witnesses appear to the jury. Stenographers used to write written deposition statements. The subject’s voice and image are present in the videotaped deposition, in contrast. Any nonverbal indicator, like as body language or physiological state, has the power to either support or refute the subject’s case. Because jurors will be able to observe any expression or seeming lack of emotion, the subject’s performance during a video deposition may have a substantial effect on the jury. Even the opposing attorney can learn about a client’s or witness’ nonverbal cues if the situation warrants it.
A client or witness should be prepared for a video deposition with the same amount of time and effort as they would for a live one by an attorney. The jury may place just as much weight on a witness’s and a client’s conduct during the video deposition as on their testimony.
To avoid the subject’s appearance excessively influencing the jury, the person should be professionally dressed and shot against a simple background. Additionally, the learner should be taught appropriate body language, such as how to stand upright and not slouch, fidget, or make too animated facial gestures. In addition, students should learn how to clarify a question when they are unclear about it.
The method testimony is presented to jurors has changed as a result of video depositions, but the way testimony influences a jury’s judgment has not. Client and witness preparation for video depositions is equally important to witness preparation for the witness stand. The following details can help lawyers comprehend how to assist their witnesses and clients in providing their best possible video testimony.