Thomas & Thomas Court Reporters - Court Reporters, Remote Depositions, Trial Presentation Services

Mobile Videoconferencing

            So what happens if your witness or expert is in a remote location and does not have access to traditional videoconferencing?  What happens if the witness or expert does not want to travel?  Mobile videoconferencing provides an alternative to traditional videoconferencing, while still providing a quality, cost-effective way to depose or examine a witness or expert.  Mobile videoconferencing is also a great way of bringing videoconferencing to courtrooms that are not equipped with traditional videoconferencing systems.   

            Although there are many ways to conduct a mobile videoconference, there are several important things to remember before doing so at your next deposition or trial:

1. Skype is generally unreliable and unsecure - Skype is a great way to communicate with friends or family; however, it is not a recommended way of deposing or examining witnesses.  Skype is a modified peer-to-peer ("P2P") network application, meaning the Skype calls are transmitted through other computers until they ultimately reach their designated recipients (this is the same technology used by some free music and file-sharing software, such as Napster).  Not only does this mean the connections are highly unsecure, but it also means users are relying upon other computers for their connections.  Additionally, Skype has had countless software issues, resulting in their entire network crashing for several days.  This idiosyncrasy could cause costly delays and/or postponements of your deposition or trial.  What should attorneys use instead?  There are many other options for mobile videoconferencing, including programs that are free, charge a per-use fee, or require a monthly subscription.  Ultimately, it comes down to  an attorney's specific needs, frequency, and comfort when choosing a mobile videoconferencing platform.  Ask your court reporter or court reporting firm what options they have available.
2. Upgrade your camera and speaker - Currently, most computers and tablets come with built-in cameras and speakers for things like Skype and FaceTime.  Yet, often times those items are of poor quality and/or do not provide an optimal experience.  Upgrading your camera to a high-definition camera allows individuals to view your end of the video feed with clarity.  Additionally, upgrading your speaker to a noise-cancelling speaker provides you with a crisp, clear sound that everyone is able to hear, reducing time spent on reasking questions and providing clarity of voice.
3. Hardwire your internet connection - Although mobile videoconferences do not require as much bandwidth as traditional videoconferences, they do require a fairly significant amount.  Hardwiring your internet connection provides you with the fastest internet connection possible, as well as ensuring your internet signal will stay strong throughout the deposition or trial, which is important in government buildings or courthouses where there can be strong structural interference.
4. Test your connection - Testing your mobile videoconference connection is pivotal in ensuring your connection will be a success.  Some locations, such as doctors' offices, government buildings, and courthouses, have firewalls that can be problematic.  Testing your mobile videoconference allows you to troubleshoot those issues before the deposition or trial.  Additionally, it allows other users who are not familiar with mobile videoconferencing to become accustomed to it prior to actual use.

            Benefits of mobile videoconferencing include:

• Similar cost and time savings as traditional videoconferencing
• Less expensive than traditional videoconferencing
• Performed on your desktop, laptop, or Mac
• Available almost anywhere there is a high-speed internet connection

When traditional videoconferencing is not an option, mobile videoconferencing is a great alternative to examining witnesses or experts who are in remote locations or are cost-prohibitive to transport.  Utilizing this service can increase your bottom-line, while also saving your client money.  Make sure to ask your court reporter or court reporting firm about mobile videoconferencing before you schedule your next out-of-town deposition.

Videoconferencing

            Once thought of as expensive and extravagant, videoconferencing is now thought of as efficient and economical thanks to modern advances in technology.  With high-definition cameras and TVs, attorneys can take depositions, examine experts, and attend trials and hearings without missing a beat.  Videoconferencing is perfect for cases that require litigation teams to travel out of town during the discovery process or depose experts in other locations.  In Nebraska alone, there are videoconferencing facilities in Omaha, Lincoln, Columbus, Grand Island, Hastings, North Platte, O'Neil , and Scottsbluff, to name a few.  Traveling to these locations for one-hour depositions or trials is a thing of the past.  Some court reporting firms even have their own videoconferencing systems and/or have access to vetted, trustworthy videoconferencing systems across the country.

Benefits of videoconferencing include:

• Reduced travel costs (flight, hotel, car, meals, etc.)
• Access to remote areas
• Reduction in non-billable hours
• Reduced expenses for deposing expert witnesses
• Ability to split videoconferencing costs with other non-traveling parties

The Nebraska Legislature recognized the benefits of videoconferencing, with the introduction of LB 103 and Neb. Rev. Stat. 48-177(3).  Specifically, LB 103 provides that, among other things, "the judge, in his or her discretion, may in any proceeding authorized by the provisions of this section [Section 24-734 of the Reissue Revised Statutes of Nebraska] not involving testimony of witnesses by oral examination, use telephonic, videoconferencing, or similar methods to conduct such proceedings."  LB 103 also goes on to add under Section 43-278 of the Revised Statutes Cumulative Supplement, 2012, that "all communications, notices, orders, authorizations, and requests authorized or required in the Nebraska Juvenile Code; all nonevidentiary hearings; and any evidentiary hearings approved by the court and by stipulation of all parties may be heard by the court telephonically or by videoconferencing in a manner that ensures the preservation of an accurate record."  Such modifications allow for attorneys and judges to take full advantage of videoconferencing at hearings and trials.  These opportunities are already being taken advantage of by courts across the state, including the Douglas County Courthouse, which has successfully installed wireless internet throughout the courtrooms, allowing attorneys to examine witnesses from remote locations. 

As discussed above, there have also been changes to Neb. Rev. Stat. 48-177(3), which now provides that "all nonevidentiary hearings, and any evidentiary hearings approved by the compensation court and by stipulation of the parties, may be heard by the court telephonically or by videoconferencing or similar equipment at any location within the state as ordered by the court."  This change will benefit those Nebraska workers who live out of state, or workers who were injured in Nebraska and moved out of state, as they will not have to incur the cost of travel or take time off from work to attend hearings or trials.

Additional features, such as document cameras and the ability to share a computer's desktop with others, only enhance the videoconferencing experience.  Document cameras allow attorneys and witnesses to work seamlessly with exhibits, limiting downtime and confusion.  The ability to share desktops allow attorneys and witnesses to share files and presentations as if they were viewing them in person.  However, even without these additional features, videoconferencing is simply the most cost-effective way to conduct depositions or trials remotely.

            The concept of court reporting is thousands of years old, and can be traced back to 63 B.C., when Marcus Tullius Tiro, a slave, was given the task of taking dictation for Cicero.  In an effort to keep up with Cicero, Marcus Tullius Tiro developed a system of symbols and abbreviations (i.e. shorthand).  He also omitted short or common words that he could add later by memory or context.  Over time, Marcus Tullius Tiro expanded his shorthand system to include over 4,000 signs, including the familiar ampersand ("&"), which is still widely used today.

In 1877, Miles Bartholomew invented the first successful shorthand writer, which consisted of ten keys that could be depressed, one at a time or in combination, to create a series of dots and dashes, much like Morse code.  In 1964, IBM and the court reporting industry partnered to developed the first computer aided transcription ("CAT") system.  This system produced electrical impulses at the stroke of each lever with an incremental magnetic tape to record and produce a digital recording simultaneously with the written notes on the standard paper tape.  Since then, the court reporting industry has seen additional changes, such as the introduction of realtime (1992) and paperless shorthand writers (2001).

Throughout the years, technology has revolutionized the way court reporters keep the official record.  Technology has also revolutionized the services court reporters provide to attorneys and judges.  From realtime to videoconferencing, court reporters can now offer a wide range of cutting-edge services that enhance the legal experience.  Below are several services that can save attorneys time, money, and effort, or even help them win their next big case.

Realtime

            "Realtime" is the term for transcription by court reporters using real-time technologies to deliver text to a device (i.e. screen, laptop, iPad) within seconds of the words being spoken.  Think of realtime as closed captioning for attorneys.  At a deposition, realtime allows attorneys to view the deponent's responses in written words so that they can focus their time on pinpointing their questions, rather than trying to remember what the deponent said.  Realtime also allows attorneys to take notes directly in the text and highlight portions for future reference. 

            Benefits of realtime include:

• Read, hear, and see questions and answers as they happen
• Quickly create and modify annotations right on the transcript
• Highlight important text for future reference
• Scrolling text that you can start and stop at will for pinpoint questioning
• Easily search the transcript for specific words or phrases

An additional benefit of realtime is the ability to stream the deposition testimony to another location.  Text streaming allows attorneys to monitor or participate in a “live” deposition using a computer or mobile device from a remote site.  Any attorney can participate in the deposition process no matter where he or she is physically located, again saving time, money, and energy.  In large cases, it may be difficult to  coordinate all of the participating attorneys’ schedules.  However, if the deposition is in realtime, attorneys can participate remotely, negating the need to coordinate travel schedules, as well as avoiding the costs and delays thereof. 

Having the ability to send a realtime feed of every word that is said at a deposition or trial is the ultimate tool.  However, it should be noted that not all court reporters can provide realtime.  Being able to provide realtime requires experience testing, and ultimately, a designation of Certified Realtime Reporter ("CRR").  Make sure to ask your court reporter or court reporting firm for a Certified Realtime Reporter when scheduling your realtime depositions.

Last month, during a two-week patent case in the United States District Court of Nebraska – Omaha, Thomas & Thomas Court Reporters provided trial presentation services for a local Omaha law firm and their New York co-counsel, in a matter heard before the Honorable Lyle E. Strom, and Jury.  The case demanded long days, late nights, and the precise presentation of electronic exhibits, demonstrative, and videotaped deposition testimony.  Thomas & Thomas's certified Trial Presentation Professional, Geoffrey S. Thomas, J.D., T.P.P., was in the hot-seat each day during direct and cross-examinations, and seamlessly assisted in presenting the plaintiff’s case using a combination of TrialDirector and PowerPoint softwares.  Each night Mr. Thomas assisted attorneys and paralegals with testimony outlines and PowerPoint presentations as they prepared for the next day's witnesses and exhibits.

Thomas & Thomas is Nebraska and Iowa's leader in trial presentation services.  Whether you are in Omaha, Lincoln, Council Bluffs, Des Moines or beyond, as with our court reporting services, we can now also support your growing trial practice with our Trial Services Department.  From mediations to the courtroom, Thomas & Thomas can give you the technical support and courtroom expertise you need to win your next case.  We provide our clients with everything they need to create a visually persuasive presentation for any environment, including professional audio/visual equipment, video editing, synchronized videotaped deposition clips, and trial presentation software.  We also design digital timelines, as well as opening and closing presentations, to help you prove your case to the trier of fact.

This year, Thomas & Thomas Court Reporters was fortunate enough to realtime the Nebraska State Bar Association's ("NSBA") Practical Ethics CLE at the Annual Meeting on October 9th.  There were 300 attorneys from various areas of law practice in attendance, and the second hour consisted of a Q&A session with the 2014 Nebraska Attorney General candidates, Doug Peterson and Janet Stewart.  The Practical Ethics CLE was one of many CLEs held during the 3-day event at the Embassy Suites in La Vista, Nebraska.  

After the CLE, several attorneys came up to our booth and asked where they could find the dictation software we used.  Needless to say, they were impressed to learn that it was not software, but one of our Certified Realtime Reporters ("CRR") creating the text.

"Realtime" is the general term for transcription by court reporters using real-time technologies to deliver computer text screens within a few seconds of the words being spoken.  Think of realtime as closed captioning for attorneys.