Bar News - July 8, 2005
Lights, Camera, Litigation: Using Digital Video in Your Practice
By: Kent Rich
In a profession ruled by precedent, lawyers often struggle when confronted with new technologies. But learning to harness today’s new tools is a must, because legal professionals also face unprecedented challenges: jurors with MTV attention spans, evidence that has grown increasingly difficult to manage, and an increasingly competitive marketplace for legal services.
The good news is that even the most powerful technologies become simpler and more affordable as they mature. And there may be no more powerful tool for your practice than digital video, both as a communications tool in litigation or other presentations, and in attracting clients.
Digital video is any collection of moving images captured in the same format (bits) as the documents and data in your computer. It is not traditional analog video, stored on bulky magnetic tape cassettes that require elaborate editing and mastering and which waste time fast-forwarding or rewinding. Yet digital video can be created from these sources, and others, allowing attorneys to:
- Present cases more clearly and convincingly to juries or claims authorities.
- Demonstrate liability, causation or damages through recorded depositions, animations or dramatic "day-in-the-life" videos.
- Consolidate dozens or even hundreds of exhibits on pocket-sized Digital Versatile Disks (DVDs) that can be indexed to call up any detail in seconds.
- Share expertise via multimedia presentations and seminars on disk.
- Reach prospective clients on the Internet, via Web-based video introductions that dramatically reduce cost per-inquiry.
Digital video cameras are available for any budget and the footage can—be transferred to computer, Web site or DVD almost immediately. Video can be combined with other content and played on a laptop computer or DVD player smaller than a notepad. And instead of gathering dust like old videocassettes, digital footage—stored as another file on your computer—can be recycled for anything from PowerPoint slides to TV commercials.
Efficiency in the courtroom
Using imagery to strengthen a case is nothing new for lawyers, who have been coming to court burdened by easels, charts and armfuls of video equipment for decades. In fact, studies have established that jurors retain much more information when testimony is combined with images. Now the cost and simplicity of digital video puts powerful presentation and organizational tools within the reach of law practices of all sizes and budgets.
Take depositions, for example. If you are already taping pre-trial testimony, or plan to do so in the future, a single half-ounce DVD can store dozens or even hundreds of depositions, neatly organized under interactive menus that call up the desired testimony at the click of a mouse or remote control.
DVDs offer other enhancements: professional titles and graphics, subtitles for foreign or hard-to-understand witnesses, synchronization with on-screen transcript text, plus ample capacity for related exhibits such as charts, graphs, animations or maps. If archiving is a concern, old analog tapes can be converted to digital files, eliminating cumbersome cassettes in favor of digital files that can be accessed on any desktop thousands of times without deteriorating.
Depending on your needs and budget, digital video can let you seamlessly incorporate authoritative third-party content from sources such as state or federal agencies. You can walk juries through your case via reenactments and timelines. You can create a dramatic video conveying the emotion and pain of personal loss. Or you can use advanced editing techniques to improve legibility of key exhibits while making your presentation more dynamic. The real enemy in a trial isn’t the opposition. It’s boredom.
Marketing your practice
To help you stand out in a competitive legal market today, while reaching a clientele that is more diverse and fragmented than ever before, digital video offers flexible options.
Consider the Internet. Many prospective clients today are technologically savvy and have little time or inclination to cold-call attorneys. They prefer the 24/7 access and anonymity of shopping online. Give them a stronger, more personal impression with a Web site featuring a video introduction. You can reach a far larger universe of prospects at a lower cost. An experienced video professional can suggest downloadable or streaming-video options that fit your needs, while delivering polished graphics, lighting and editing for the desired effect.
Professional seminars made available on DVD offer another opportunity to reach potential clients. If you have valuable expertise in a niche such as real estate law, for example, you can bring in new clients while raising the credibility and profile of your firm. Costs of mastering and packaging content on DVD have plummeted in recent years. And, again, digital video content is easily reused.
Kent Rich is owner and creative director of Granite River Studios, a video and multimedia production company in Concord. Comments and questions can be directed to KentRich@graniteriverstudios.com.
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