Monday, December 28, 2020

Zoom Deposition Tips – Round 2

 

In our ongoing effort to maximize the effectiveness of a Zoom deposition, here are 2 more tips for your witnesses.

1. Be Your Own Cinematographer

Zoom depositions are visual statements as well as verbal ones, but instead of having a competent videographer assisting to make sure everything looks right, you, the witness, must do that yourself. So make sure that what’s behind you when you sit in front of your computer, laptop or tablet isn’t distracting. A blank wall is great if possible. If not, then something not too “interesting” or eye-catching. Plainer is better.

2. Check Your Lighting and Angles

Make sure that there is sufficient light to convey a clear image of you. Generally, head and shoulders are all that need to be seen, but “seen” is the key word. Too often, room lighting is dim and needs to be added to in some way. Be sure that your computer/laptop/tablet camera captures your whole face properly lit, not mostly your chin or forehead. This will take some advance preparation. Don’t leave your set-up to the last minute. Practice ahead of time, preferably the day before, so you can make whatever adjustments might be required.

More tips to come next month!

Wednesday, November 25, 2020

Zoom Deposition Tips – Round 1

 

With more depositions being held via Zoom, it’s important to remind your client of some tips that will support successful testimony in this format.

1. We’ve all become used to the casual nature of Zoom meetings in our kitchens and living rooms. However, when it comes to a deposition, just because it’s Zoom, doesn’t mean you can testify in your sweats. It’s important to dress professionally or conservatively, at least from the waist up. So that means no bare arms for men or women, no vivid patterns that would distract from the substance of the testimony, and that all clothing be clean and pressed.

2. We’ve all seen the bloopers online from people on Zoom meetings who forgot to close the kitchen/living room/bedroom door, allowing errant children/pets to wander in. Or a spouse who’d forgotten there was a meeting going on and appeared in his/her PJs yelling a reminder of some chore or task. Tell your client to alert household members to the meeting, and close the door. Perhaps with a sign on it “Meeting in Session.” Bloopers are funny online, not so much when they disrupt the flow of a deposition.

More tips to come next month, stay tuned!

In the meantime, best wishes for Happy Holidays.

Wednesday, October 28, 2020

Handling the Worried Insecure Client

 


Clients are in a dither these days. Too much uncertainty, too many decisions to make with what often feels like too little information and too much chaos.

No big surprise that their resulting insecurity often spills over into their interactions with you. But here’s the thing. You have umpteen matters on your plate and are in the same place of uncertainty as everyone else. It’s therefore tempting, when your client unloads yet another worry on you to yell, “Get over it! It’s been a hellish year for all of us!” However, since you can’t do that, you are sometimes reduced to the platitudinous “Everything’s fine, trust me.”

Not a good idea. Such a statement will only aggravate the client’s anxiety because if they believed everything was fine, they wouldn’t be anxious in the first place. Instead, bite the bullet, and with as much compassion as you can muster, acknowledge your client’s anxiety. “It’s normal to feel anxious. These are worrisome times.” Let them respond, and then come back with a similar reassuring phrase until you sense that your client’s anxiety is somewhat diminished. At that point, and only at that point, is it useful to say something like “I’ve got things well in hand, and I am confident we will see this matter through successfully.”

More than anything, people need to feel heard. Let your client know that you really do “hear” him, emotionally as well as with your ears. You will have a much improved relationship with that client.