Remote Deposition Technology: A Guide

The world continues adjusting to different working models in the wake of the pandemic, with remote meeting facilitation and collaboration among the most beneficial and longest-lasting impacts. That’s because many fields, including the legal profession, substantially increased their effectiveness and efficiency via videoconferencing platforms.

Per one report, 90% of depositions were conducted online during the pandemic.¹ What’s more, the same data suggests about half of all depositions in the United States will soon be conducted virtually.

However, implementing and using remote deposition technology isn’t quite as simple as a standard video conferencing platform. So, to help you stay on top of the latest legal technology trends and determine if they might benefit you, we’ll break down how remote deposition technology works in our complete guide.

Overview of Remote Deposition Technology

Simply put, remote deposition technology refers to platforms and tools used to conduct the deposition process virtually. Everything is conducted and recorded over the internet using remote technology. A court reporter will be present on the call to record its contents—often in both video and written transcription formats.  

Using remote court reporting services and specialized software, legal teams conduct expert or witness testimonies, share and annotate exhibits, access a speech-to-text draft of the proceeding, speak with clients in individual waiting rooms, and more—all without requiring the participants’ physical presence. Four benefits achieved by conducting depositions remotely include: 

• Convenience – There is no doubt that it is far more convenient to conduct a testimony online than in person, and this goes for both legal teams and witnesses. Remote depositions require less time and resources, allowing all parties to join from wherever they are in the country. There are also less logistical details, and in general more flexibility with the help of a remote deposition service.
  
• Efficiency – Depositions always require thorough preparation. With remote depositions, law firms don’t have to invest as much time and resources in traveling and coordinating logistics, which reclaims significant bandwidth. Instead, they can review evidence, develop questions, and work on other cases. In other words, remote depositions make law firms more efficient.
  
• Witness comfort – Depositions are stressful, especially for witnesses who aren’t used to dealing with legal proceedings. Letting a witness provide testimony using remote technology, from the comfort of their own home, may not completely eliminate stress, but it certainly reduces it significantly. Anything that can help minimize the tension or anxiety witnesses may experience during a deposition should be viewed positively.
  
• Cost-effectiveness – Transportation, accommodation, meals, and other expenses associated with conducting in-person depositions can add up rather quickly. When this process is carried out through a virtual environment, these expenses are reduced or completely eliminated. 

However, remote deposition technology does come with some standard IT challenges. For example, safeguarding data privacy, implementing robust cybersecurity, and maintaining regulatory compliance can become more challenging without the right remote technology platform—like RemoteDepo Pro—or tech stack. 

Key Features of Remote Deposition Tools

The legal profession demands precision and clarity. When even the smallest details and missteps can have significant, real-world consequences, using reliable platforms and tools remains of the utmost importance. 

Therefore, two features crucial to any remote deposition are the platform’s video conferencing and exhibit sharing and management capabilities. No matter how stellar your trial record is, even Perry Mason would look like he was fumbling if the call’s quality was abysmal and he kept providing incorrectly marked exhibits to someone testifying. 

Video Conferencing Capabilities

Remote deposition and legal videography tools have video conferencing capabilities specifically designed to meet the requirements and standards of legal proceedings. 

The high-definition video and clear audio transmission capture even the most minuscule physical and verbal nuances. For example, noting a witness’ or expert’s facial expressions or demeanor when providing a statement under oath could provide counsel with insight or a reason to pursue a certain line of questioning. And copies of the remote video deposition may later be analyzed, notarized, and presented as evidence in court. 

Other video services, such as video clip editing and synchronized transcriptions, are typically provided by litigation support partners. 

Exhibit and Document Sharing and Management

Generic document sharing and management software doesn’t cut it in legal contexts, as it’s often necessary to deal with highly sensitive information requiring specialized handling. Evidence exhibits alone require any remote deposition platform include functionality for:

• Annotating
• Sharing
• Stamping
• Storing
• Managing

Some litigation support partners specializing in these tasks, like U.S. Legal Support, also offer translation services, medical record retrieval, and process serving to aid legal teams with additional document-related processes.

Once you’ve successfully managed digital document and exhibit management, you’ll start wondering why you ever carry around overloaded briefcases, files boxes, and crates.

Best Practices for Conducting Remote Depositions

Remote deposition platforms provide significant convenience, cost efficiency, and digital exhibit management advantages over conducting them in person. However, legal teams will still need to prepare themselves, clients, and any experts they add to a case to prevent challenges or complications.

Preparing Witnesses for Remote Testimony

Many people feel uncomfortable speaking in formal settings, or even have a phobia of it. And that’s before adding the stress of a legal case, where discussing sensitive matters on camera for a pre-trial testimony amplifies that stress well beyond nerve-wrecking.

Witnesses need to be eased into the process and prepared thoroughly to ensure their remote witness testimony goes as smoothly as possible.

Firms may need to set up dedicated sessions to familiarize witnesses and experts with their chosen platform and its functionalities. Any technical or logistical concerns should be addressed ahead of time to give the witness confidence in their ability to handle the technological tools without major issues during the deposition. Not only will technical problems cause complications for the entire deposition, but they may negatively impact someone’s composure and the effectiveness of their testimony.

Ensuring Legal Compliance and Etiquette

Failure to ensure legal compliance during remote depositions can result in dismissals, re-depositions, sanctions, and penalties. Protecting the integrity of the legal process primarily falls upon the lawyers involved in the deposition, so every lawyer should make sure that jurisdictional rules are strictly followed and professional conduct is maintained at all times.

Ultimately, remote depositions resemble in-person depositions—the online meeting room doesn’t diminish the court’s standards or formalities.

Both the lawyer and the witness need to understand the procedural norms and rules, and avoid disruptive behaviors. For example, it’s always a good idea to mute yourself when you are not speaking, just like personal devices need to be silenced.

Security and Privacy Considerations

When it comes to virtual depositions, there are a number of security and privacy considerations that must be taken into account. The potential for unauthorized access is inherently present in all online communications, no matter how secure they appear to be.

For example, in 2020, the video conferencing platform Zoom suffered a massive data breach, with more than 500 million usernames and passwords being compromised. Among those whose privacy and security were jeopardized was Boris Johnson, then-Prime Minister of the United Kingdom.²

Clearly, these risks presented by remote video deposition services and transcription services are a real danger to both individuals and organizations. They undoubtedly need to be mitigated in all professional settings, but when you are dealing with sensitive information that may impact legal outcomes, the stakes are much higher. That’s why it’s crucial to choose the right platform for remote depositions.

Protecting Sensitive Information

Numerous types of information may be brought up during a deposition, and much of it should remain confined to the case—medical records, finances, personal communications, and more may be presented or discussed. But safeguarding this sensitive information during remote depositions requires a holistic approach.

All participants in a deposition should be encouraged to use secure Wi-Fi networks set to private with robust password protections. Ideally, all participants should also use virtual private networks (VPN)—specialized software that encrypts one’s internet connection, making their online activities invisible and inaccessible to third parties.

Generally, you can consult the National Institute of Standards and Technology (NIST) if you’re not as confident your cybersecurity expertise matches your legal knowledge. As the federal agency developing cybersecurity strategies, practices, and guidelines, adhering to the NIST Cybersecurity Framework (CSF) will provide any organization with sufficient protection against malicious agents.³

Consider using a remote deposition platform, such as RemoteDepo Pro, that is both SOC 2 Type 2 and HIPAA compliant. This will help your firm remain compliant throughout the process.

Adhering to Legal Standards and Regulations

Legal standards and regulations that govern virtual depositions can be quite complex, and may vary depending on location and jurisdiction. Before gathering testimonies, be sure to confirm everything adheres to the relevant laws and restrictions so they aren’t later ruled inadmissible. For example:

• There are rules to administering an oath remotely.⁴
• All participants in a virtual deposition must provide written consent to participate in the proceedings.
• Witnesses must preserve the deposition’s integrity by not communicating with a third party off camera. 

Remote deposition technology plays a key role in adhering to legal standards and regulations. The technologies used during the proceeding should be compliant with the Health Insurance Portability and Accountability Act (HIPAA), and other similar regulations.⁵

Streamline Remote Depositions with U.S. Legal Support

Law firms should be focused on their clients’ rights and interests—not whether the platform they’ve implemented for remote depositions will freeze up or if its security configurations adhere to HIPAA compliance.

That’s what litigation support companies are for. 

Founded in 1996, U.S. Legal Support provides exceptional and comprehensive litigation support services—from court reporting and interpreting to remote depositions and trial services. To learn more about how we can help you or your law firm streamline remote depositions, contact us here.

Sources:

1. Proof. The Pros and Cons of Virtual Depositions. https://www.proof.com/blog/the-pros-and-cons-of-virtual-depositions 
2. Cloud Security Alliance. An Analysis of the 2020 Zoom Breach. https://cloudsecurityalliance.org/blog/2022/03/13/an-analysis-of-the-2020-zoom-breach 
3. NIST. Cybersecurity Framework. https://www.nist.gov/cyberframework
4. JD Supra. U.S. Remote Deposition and Oath Status – April 2021. https://www.jdsupra.com/legalnews/u-s-remote-deposition-and-oath-status-6122893/ 
5. Markowitz Herbold. REMOTE DEPOSITIONS: NEW RULES OF THE ROAD. https://www.markowitzherbold.com/Remote-Depositions-New-Rules-of-the-Road  

Julie Feller

Julie Feller is the Vice President of Marketing at U.S. Legal Support where she leads innovative marketing initiatives. With a proven track record in the legal industry, Juie previously served at Abacus Data Systems (now Caret Legal) where she played a pivotal role in providing cutting-edge technology platforms and services to legal professionals nationwide.