Video has significantly shaped the way people consume media in the 21st century, particularly with the rise of social media platforms like Instagram, TikTok, and Facebook.
Videos have impacted various industries, from video content creation to the academe and legal proceedings.
Video has helped legal proceedings by providing a way to preserve depositions in case they are needed for trial.
Video has also enabled virtual depositions, allowing all parties to participate from various locations and complete the proceedings.
Here, let’s discuss the role of a legal videographer for depositions and the benefits of hiring one. Let’s dive in!
What Does a Legal Videographer Do?
First things first, let’s determine what a legal videographer is and how it differs from other types of videographers.
A legal videographer, also known as a certified legal video specialist, is a professional who records court cases, depositions, and the signing of legal documents.
They also film evidence at crime scenes, making their importance undeniable.
Legal videographers should also have experience working in a legal environment, including courts, crime scenes, and site inspections.
Court reporters typically create a written transcript of legal proceedings using a stenotype machine.
In contrast, legal videographers capture the proceedings as a video recording.
In contrast to a written transcript, video footage captures the facial expressions, pauses, and other nonverbal cues, creating a more complete record for the court case.
After the legal proceedings, the legal videographer edits the videos with voiceovers to identify witnesses and explain the examinations.
What is a Deposition?
Before we discuss the importance of deposition videography, let’s first define what a deposition is.
A deposition is a sworn testimony of a witness used to gather information during the discovery phase of a lawsuit.
Depositions usually do not involve the court, and the process is started and supervised by the individual parties.
Deposition videography is a crucial aspect of legal proceedings, providing a video record of witness testimony and evidence.
There are three types of depositions: oral, written, and remote.
Here are the differences between the three types:
Oral Depositions
An oral deposition happens when a party to the litigation sits with the witness or opposing party (called the deponent) and asks questions for the deposition.
Although oral depositions are usually regarded as hearsay and cannot be used at trial, there are three exceptions to the rule.
The first exception is when a party admits that the deposition has something that is against their interest.
The second exception is when the testimony of a witness contradicts their deposition.
The third exception is when a witness is unable to attend the trial.
Written Depositions
Depositions can also be conducted by answering written questions.
With this type of deposition, the parties submit questions in advance. During the deposition, the deponent answers only the written questions.
Although written depositions are generally cheaper than oral depositions because the process does not require the presence of the lawyers of both parties, this method is considered less valuable due to the lack of follow-up questions on the deponent’s answers.
Remote Depositions
During the COVID-19 pandemic in 2020, the world had to shift to virtual meetings due to lockdowns.
Although restrictions have been lifted, certain aspects of our daily lives, such as remote depositions, have remained virtual for the sake of convenience.
Remote deposition refers to tools and platforms used to complete a deposition process virtually.
It is similar to an oral deposition because it is conducted through an interview. However, the difference is that the entire process is conducted online.
With remote deposition, everything is conducted and recorded using remote technology.
This allows participants in different locations to come together during the deposition.
Benefits of Deposition Videography
Considering that 93 percent of communication is nonverbal, it is easy to miss these cues without video clips to observe the deponent’s reactions and facial expressions.
Nonverbal communication can significantly impact a witness’s credibility and competence.
This is where deposition videography comes in.
Here are four benefits of having a deposition videographer:
Record a Witness’s Reactions
A witness’s initial nonverbal reaction to a question can reveal a great deal about what they are thinking and whether their answer is truthful or not.
A deposition videographer can record the proper reaction of a witness, including nonverbal cues such as facial expressions, eye movements, and mannerisms.
These details can affect the reaction of the judge or jury to the witness’s response.
Show a Deponent’s Credibility
A conversation can show whether a person is credible or not.
However, the signs pointing to such revelations can be overlooked, such as rapid eye movements, fidgeting, and a slight shake in one’s demeanor.
These details won’t be written in the transcript of the deposition.
Hence, taking videos at the deposition can help show the credibility of the witness.
Present a Witness Who Cannot Attend the Trial
Some witnesses may not be available on the day of the court.
Reasons can include travel restrictions, medical conditions, or even the passing of a witness before the court date.
If a lawyer believes that a particular witness is beneficial to their case, having video footage allows them to present the witness’s accounts without the witness being present for the court date.
Although being present at the trial is the best option, a video transcript of a deposition is a better option than a written transcript.
Tell a Story Using Videos
A strong litigator is aware that a trial is about telling a convincing story.
In terms of witness testimony, a video transcript is preferable to a written transcript, as it can capture nonverbal cues that may be present during the deposition.
Having a video clip of the deposition keeps the jury’s attention and conveys the story you are trying to portray.
Qualifications to Become a Deposition Videographer
When selecting a deposition videographer, it’s crucial to evaluate their qualifications and experience in legal videography.
NCRA’s Certified Legal Video Specialist (CLVS) Program sets the standards for legal video specialists.
CLVS is designed to showcase proficiency in video deposition practices.
It enforces standards for competency regarding the capture, utilization, and retention of legal video. It also promotes awareness regarding the standards within the legal marketplace.
A CLVS certification is a key indicator of a videographer’s expertise and knowledge of legal video procedures.
A strong understanding of videography, editing, and production techniques is also essential for creating high-quality video depositions.
Factors Affecting the Cost of Video Deposition Services
The cost of video deposition services can vary depending on the length and complexity of the deposition.
On average, video depositions can cost between $200 and $400, although prices may be higher for longer or more complex depositions.
Freelance videographers may also offer competitive pricing, although it’s essential to consider their qualifications and experience.
When budgeting for video deposition services, it’s essential to consider the benefits of using professional legal videographers, including high-quality video recording and editing services.
Here are some of the factors that affect the cost of video deposition services:
A legal videographer possesses a unique skill set, making them highly in demand for various aspects of litigation.
Here are the factors that affect the rates of legal videographers to help you in choosing the one for you:
Experience
As mentioned above, legal videographers are required to have CLVS certification to offer their services in the legal marketplace.
However, having CLVS certification does not guarantee that a legal videographer can perform the job flawlessly.
Expertise in legal videography takes time and extensive experience.
An experienced videographer will have a faster workflow and save you time. However, their rates will be on the higher side. They will also have professional video equipment, having been in the industry for years and having built their own kit.
On the other hand, a beginner in legal videography may cost less but work slowly. Hence, the project will take longer to complete.
Thus, you need to determine your budget, whether you are willing to pay extra for an expert, or if you are willing to take a risk on a beginner who costs less.
Overtime Fees
A lengthy deposition keeps the videographer from taking on other projects for the day.
That’s why videographers typically charge overtime fees on an hourly basis, which is a crucial consideration when estimating video editing costs.
If the deposition runs for 20 minutes longer, you will need to pay for one hour of overtime.
The amount of overtime pay also depends on the videographer’s availability and experience.
Travel Fees
Depositions often require videographers to travel.
Hence, videographers usually charge a travel fee.
Here are two ways videographers charge travel fees:
- Mileage: You must pay a fixed amount per mile traveled. Some beginner videographers offer no travel fee or a minimal amount only.
- Hours: This means you have to pay a fixed amount per hour of travel. This option is especially preferable in cities due to traffic.
To reduce or eliminate travel costs, consider opting for a local videographer as a cost-effective alternative.
The Bottomline
Videos have revolutionized the way people consume media, particularly with the rise of video streaming platforms.
Similarly, videos have become a vital component of various industries, particularly the legal sector.
Legal videographers record evidence, trials, depositions, and other proceedings, making them in high demand nowadays.
Videography is a vital aspect of deposition because it captures nonverbal cues that may be easily overlooked in written transcripts.
If you want to outsource your video editing needs to a reliable team, look no further! At Vidpros, we are dedicated to helping clients like you, so you can focus on creating content.
Book a free consultation call today to learn more about our services.
