Digital Video offers a whole host of benefits, not the least of which being a more cost-effective and being more robust in travel and storage.

1. Digital Video is not prone to Generation Loss

Generation loss is the degradation of quality for each copy or generation of a tape that is made. In the analog world, tapes are duplicated, passed out and then duplicated again. After each copy of a copy is made, quality is injured and the effect compounded with each new generation added into the mix. Digital video, on the other hand, is like a file on a hard drive recorded on a tape. If you make a copy via Firewire or computer, there is no generation loss. The quality is still as pristine as the original tape, no matter how many duplications away from the original you are.

2. Digital Video is more Efficient

Using digital video in any form is generally more efficient than analog video, and especially when it comes to cameras that utilize SSD (solid state drives), HDD (hard disk drive) or Flash drives for storage. With analog video, you have to place the tape in a VCR, press play, hit record on your computer and wait. As long as that tape was to record the first time, it will take to record into your computer. With a file based, digital video camera, it’s as easy as copy and paste. This allows for faster work on the tail end of a shoot.

3. Digital Video is more Cost-Effective

Because of its inherent efficiency, digital video is also more cost-effective. It takes less time, the technology is better and cheaper all around so it costs less to work with overall.

4. Digital Video is Better Quality. Period.

It really is hard to explain without actually seeing it. If you view analog video and then digital video, you will notice a difference. The video is cleaner, the audio is more crisp. There are no fuzzy lines or tracking problems. As I said in the opening paragraph, it is almost like the jump from standard definition to high definition.

Which brings up one more point, some technology firms, such as Opveon, offer high definition services. High Definition is your best bet for recording your projects right now. I’ll follow up with a detailed post on why.

For now, get your video captured on digital tapes or digital files. Contact us to learn more about high definition.

2. What format do you use? Again, the actual format, whether it be MiniDV, HDV or AVCHD isn’t necessarily as important as the explanation they give as to why they use it. Their explanation should include the facts that their format is digital and it saves time and money for themselves, in turn saving you and your client money and time.

3. How do they deliver their video? Does it work with your system? Do they offer to assist in getting it working for you?

4. What kind of microphones do they use and how many? Audio is one of the most taken for granted aspects of video depositions. Clear audio is just as, if not more important than the video that accompanies it. So, your videographer should offer at least four microphones. One for the witness, one for the taking attorney and one for opposing counsel plus one for themselves and as a backup. The microphones should be lavaliere as opposed to table microphones. Their audio quality is superior because of their proximity to the source of audio (everyone’s mouth) and are not as susceptible to table top noise. One last thing to take into consideration: They should be wired mics and not wireless. Wireless microphones have too many variables to be used in various locations without proper testing.

5. How long do they store or archive the footage? We all know that cases take years to complete and things happen. There’s always a chance that you may need to get another copy from the source. Make certain you know the date that the archive will disappear.

• 10% by hearing the information
• 20% by seeing the information
• 65% by hearing and seeing the information

That is an astounding difference and especially important for litigators. When you combine two forms of communication you end up with something very, very powerful. Imagine what would happen if you combined three or four different forms of communication together to get your point across.

Let’s take a real world example for instance: Harry Potter. Probably one of the most recognizable characters from a book in the world right now. But why is that? If everyone had simply read the books, there would be a plethora of images in people heads of what Harry really looks like. But add to the books the movie which has a real person as the face of Harry Potter and instantly everyone has the same idea of who Harry is. Reinforce that idea with billboards, action figures, board games, video games, fan websites and now you have a brand, a force if you will, that ties it all together.

Technology in the courtroom affords you the same benefits. Tie your case together utilizing a witness’ testimony, a map of the area to give context, an image of the site to focus their attention and even video to put them in the event.

If you have never been involved in a videotaped deposition before, the good news is that they aren’t too different from a regular deposition. Adding a videographer to your deposition means that you now have to take into account the fact that the proceeding is recorded and that you need to take specific breaks because of the length of the tape being used. These inconveniences far outweigh the value that videoing a deposition will afford you. Take, for instance, our article on Memory After 72 Hours. Now that you have video, your audience will be much more interested in the testimony as opposed to simply reading it back.

Legal Settlement Documentaries or Day-in-the-Life videos are powerful presentation tools to utilize before and at trial. That’s really the beauty of these videos. They serve a dual purpose. A Legal Settlement Doc is essentially a presentation made to opposing counsel outlining the merits of a case while utilizing video evidence to persuade them. It is extremely effective in advancing negotiations and can save precious time and distress for your client in trial. The dual benefit is that even if settlement does not occur, you now have video evidence that you can take to show the court to better explain the hardships of your client.

There are numerous other formats that legal video can take. We’ll look at each of them in depth in the near future. In the meantime, post a comment below and let us know what other ways you have utilized video in your practice.

Juries and decision makers today are inundated with stories from the news, advertisements, TV shows and movies. They want to be wowed with the facts, not just listen to the boring legalities of a case. Yes, it is important to make your case on legal ground, and yes, juries and decision makers take that into account, but litigators need to make the points salient to them.

When I plan presentations, create settlement documentaries or prepare a case for trial, the first question I ask is, Who is the Audience?. I need to know who I am presenting to so that I can tailor my presentation of the facts to them.

After that is settled, we move on to the story of the case and develop it so that we maximize the effectiveness of the medium used to present the material, the technology involved and make the facts as clear and concise as possible.

With a lot of care and effort, we can create a package of material and technology that accurately and effectively demonstrates the facts in the case. Just remember to tell the story.

Seems like a solid fact, right? On paper it communicates a lot of information and answers quite a few different questions simultaneously.

It’s in black and white, two-dimensional: “I didn’t say you stole my car.”

Written language leaves a lot to be desired. Let’s face it, the open-endedness inherent in the written word is why we have disagreements and lawsuits. Interpretations run the gamut and all of the good intentions, clarifications, and qualifying statements in the world don’t remove personal bias.

Read that sentence to yourself again. “I didn’t say you stole my car.” This time around, put the emphasis on the word you. Now put the emphasis on stole.

Can you hear what is happening? The entire meaning of the sentence changes based on the emphasis that you put on each of those words!

In fact, emphasizing each word separately will change the entire message of the sentence. It really is incredible the amount of information that you can glean from the intonation of one word!

You see, every reader introduces their own voice to whatever it is that they are reading, making it three-dimensional. A book, a contract, a deposition, it doesn’t matter, we all inject our own bias into the written words. Poetry nights and book clubs exist because each person in the room shares a common story (two-dimensions) with all kinds of different perspectives (the third dimension).

That third dimension can and probably will decide your case. Ask yourself this question: Can I afford not having access to that third dimension of information?

If you answered, Yes, then best of luck, because you are going to need it. Not having that information is like leaving your prized horse in the stable on race day. If you answered, No, then congratulations! Your cases are going to be more effective.

The only question left to answer is, How do you retain that third dimension? Here are five ways you can do just that by utilizing legal video and a little bit of creativity:

1. Deposition Video

Witnesses are foundational to your case. What they say and how they say it play a huge role in the discovery process. Capturing their testimony on video helps you retain all of the little details of the true meaning behind their words.

2. Evidentiary Photos & Video

A photo is worth a thousand words, and video is worth a lot more. Taking photos and video of accident sites, events, or demonstrations can go a long way to showing, not just telling, the decision makers of the case exactly what happened.

3. Day in the Life Video

Showing activities of daily living and how they have been affected is much, much more effective than having a plaintiff simply tell their story. Words can be embellished, and so can video, but it’s a much more accurate medium with a lot of credibility bolstering aspects. Caretakers, nurses, and other family members all join in the process and add to the impact of the video.

4. Video Statements

Sometimes a response to a complaint, even before litigation, just isn’t done justice by the written word. Emotions run high and all of the nuances in body language need to be communicated. Recording a statement via video is incredibly effective, credible, and valuable. The use of video lets your audience know just how serious you are.

5. Demonstrative Graphics

Expert testimony can be wordy, complex, and baffling. Cases can drag on for weeks with dozens of witnesses piecing together a story. Distilling those monumental words, numbers, concepts, and stories into easy to understand graphics and diagrams connect the decision maker with the theme of your case.

Adding visual information – retaining that third dimension – introduces depth, perspective, and context to communications. UCLA found that non-verbal cues can account for 93% of the value of communications.

Are you really going to leave that behind in a document, or deposition?

CASE LIBRARY

Ever had issues with missing image files and/or incorrect path mappings when copying files from your firm’s server to your trial laptop? You’re not the only one. Even seasoned consultants sometimes have image linkage issues. InData put their best foot forward in Version 6.0 to offer an easy fix to these types of issues. With the Pack & Go feature, a step-by-step wizard guides you through copying everything in your case and moving it to another location. It even double-checks for missing files.

Version 6.0 also offers two additional types of workbooks in its Case Library (now viewable through the Document Manager module). The Carousel Workbook has an iTunes library style look for a different type of presentation appearance. However, the greatest addition is the new Multiplayer Workbook which allows the back to back playback of multiple video clips from different depositions/volumes without having to load each clip individually. This is a great feature for depositions that span multiple days, for non-deposition video clips that you want to play consecutively, or if you want to create a slide show type presentation for documents.

DOCUMENT MANAGER

The most noticeable change to the Document Manager is its appearance. The Grid View is back. If you are like me, an original Trial Director (version 4) user, you will remember, with fondness, the grid view. It was removed in version 5.0 but, back by popular demand, and can be found in version 6.0.

The grid view allows you to sort the exhibits by column (similar to Excel) and also allows you to print the actual grid view itself. This is helpful if you want to provide a list of exhibits/documents you have loaded into your case to your client.

The image de-skewer has been updated, although it’s not a huge improvement in my opinion. De-skewing an image is now a manual process allowing the user to have input on the deskewing process. Auto deskew is still available in Presentation Preferences.

TRANSCRIPT MANAGER

The transcript manager looks very similar to previous versions; however, the most changes were made to this portion of the software.

The Clip Creation process has been completely revamped. Within the Clip Editor you can create a new clip or open an existing clip for edits. You can also now rename an existing clip within the clip editor interface. Edits to the beginning/end of clips is now done completely through the waveform editor (a definite drawback in my opinion).

The greatest improvement to the Clip Editor is the ability to add and/or remove portions of a segment without having to completely re-create the entire segment. This can be a huge time saver. You can also now close the multi-player if you would like.

With respect to transcripts, searches can now be saved and named anyway you would like. The saved searches are now part of the “View By” items. Another added benefit is the ability to print the search results in detail or summary fashion.

CODING TAB

Not much has changed in the Coding module. One improvement is that search results can be sent to a workbook. Other than that, minor issues have been improved upon and a few bugs worked out.

PRESENTATION MODE

The most significant and visual differences were made to the Presentation module. Everything in Presentation Mode was built on new Windows technologies making it compatible with Windows Vista, Windows 7, and Mac Bootcamp. It also works with Windows 7 touch enabled computers.

So what makes Presentation Mode so different? Well, for starters, the toolbar is completely different – and, it can be detached so that only the end user can view it.

The dropdown folders menu now show the colors of the workbooks and allows you to use right and left arrow keys found on the folder to skip through the documents inside the folder (instead of having to use the “Item Launch” button).

The zoom tools now have 3D abilities which make blow outs very visually appealing.

Document handling is different in this version. You can scroll through documents, zoom across pages, and there is a scrollbar available on the right hand size of documents. You can also now zoom in on video and any annotation tool available with documents is available to use on video.

A big disappointment for us “pre-preparers” is that the layers feature has been removed. It has been replaced with a Save Stage feature which is a little more difficult to use and not as user friendly.

The Presentation Preferences area has also been completely re-designed. There are new themes for use in presentation mode and hotkeys are now customizable.

Overall, inData has made some great and necessary improvements. A few features have taken a step backward, and a few features have made their way back into the program after a long absence.

In the spring of 2009, Opveon’s litigation support and trial consulting team led by April Ferguson and Jason Wietholter had the opportunity to provide electronic evidence presentation services to McDaniel, Longwell, Acord & Kroll and a host of other clients in Little Rock, Arkansas. Our clients prevailed at trial and their victory was upheld after appeal to the Arkansas Supreme Court.

The original trial lasted two weeks and utilized many of the services that Opveon offers, such as: electronic evidence presentation, litigation support and contract paralegal services, demonstrative graphics, and legal technology consulting. The combination of the right technology and the skill of the litigators in the case lead to an effective presentation of the evidence.

Congratulations to our clients and to theirs!

There will be a lot of changes over at Opveon University as well, so make sure to head over there and stay informed on the progression of technology in the litigation field.

To learn more give us a call at 918.359.8900 or email us at info@opveon.com.

Our new office is adjacent to a large conference and meeting facility three separate meeting areas including an executive board room with video conferencing capabilities. Free WiFi is also provided in the suites.

We’re looking forward to hosting our jury focus groups and mock trials in our own building. Should you need a location to meet with clients, prepare for trial or take a deposition, please let us know. Video Conferencing and Video Depositions are extremely convenient as each room has sufficient space for the necessary equipment and large amount of people. The abundance of free parking and easy access to central downtown Tulsa make this an excellent location for Opveon to serve our clients.

Our full suite of services, from litigation and video production, to deposition video as well as trial consulting and training is available. We look forward to serving you. Give us a call if we can answer any questions.