Remote depositions have been practiced for years, but the coronavirus outbreak has pushed the technology to the forefront of the legal community.

With the restrictions on gatherings lasting indefinitely, and likely to remain in effect well after social distancing stop being mandated by officials, technology that can asisst attorneys conduct legal proceedings from home are more necessary than ever.

Thomas & Thomas Court Reporters, a local firm specializing in certified legal video, has amped up advertising efforts encouraging attorneys to utilize their remote deposition services.

“We like to think of ourselves as always ahead of the curve as it relates to technology,” said attorney and trial technologist Geoffrey Thomas. “We’ve been doing it for years, we know how to work it, we can help attorneys troubleshoot if they have issues, and we have setups all the way from one person attending remote while the others are together to every single person being remote.”

When Thomas & Thomas began offering video depositions, they were held through a dedicated videoconferencing system that required a physical system and monthly subscription. As technology evolved, Skype became the main platform. Today, the firm’s remote depositions are held over Zoom using secure, password-protected conferences.

“We are transitioning into what we call laptop-based video conferencing,” Thomas said. “But in theory you can do laptop-based videoconferencing on any device, whether that be a desktop, iPad, tablet or even your phone.”

Since transitioning to laptop-based services, the firm has invested in computers for videoconferencing, external webcams and noise-cancelling microphones and speakerphones. Employees are also supplied with two laptops: one to use for transcription and another to use for video.

Thomas encourages attorneys considering remote deposition services to invest in a noise-cancelling microphone or speakerphone. Audio quality is incredibly important in legal proceedings. For those who do not have access to external audio equipment, he recommends a commercial-grade landline for Zoom.  

“For us and for the record, the audio portion really is the most important,” he said. “With the webcam, if you freeze or come in and come out – you can still conduct the deposition. If the audio goes out, the deposition is over.”

One of the main questions that attorneys have about the proceedings, Thomas said, is about the ability to share visual elements.

Dockets and exhibits can be shared to some or all parties through Zoom’s screenshare feature, mimicking the procedures of an in-person deposition.

“The response has been positive,” Thomas said. “Once we can get people’s ear, everybody seems really perceptive to it.”