3 Ways to Assist Your Videographer From a Videographer’s Perspective Part 2: During a Deposition

Legal videographers are the strange, often quiet magician sitting on the other end of the table away from everybody else surrounded by a wall of electronics. It is no surprise then that the needs we have from the others in the room to do our jobs are often overlooked.

In following with the previous blog, here are three additional ways for attorneys and their deponents to better assist in ensuring that the video is of the highest quality.

1) Please wear your microphones.

While syncing a video recently, I heard an attorney begin to ask a question while not wearing the microphone. In this situation, the videographer onsite asked him to put on the microphone, because he was barely audible. The attorney retorted, “You mean these microphones can’t pick me up?” He put on the microphone and immediately the difference in clarity was stunning.

When the audio becomes difficult to hear, it not only makes hearing the on-record conversation more difficult for the jury, it also makes syncing more difficult. We use programs that perform algorithms based on clean audio. When we have to go back and manually sync the transcript back up to the video, it incurs costs that are inevitably reflected in our pricing. It is in everyone’s best interest if we have clean audio, and that is why it is imperative that an attorney mic not only the witness but themselves before beginning questioning.

2) Turn and cough.

Imagine someone put a speaker by your ear that initially plays a man talking. Then abruptly and unexpectedly they turn up the volume as it plays a man hacking and coughing. Though unintentional, this is essentially how it sounds when a videographer wears his headset and an attorney coughs, laughs, or sneezes without covering his mouth and turning his head.

These noises can mask what’s being said on the video record. A sudden loud cough could cover a portion of the witness’s answer. In some cases, the court reporter is listening to a direct feed from the videographer, so these interruptions can possibly be reflected on the written record as well.

Please keep in mind that the microphone you are wearing is running into a mixer, which boosts the sounds you are making while talking and goes to the videographer’s headphones. So, every time you cough, laugh, sneeze, or yell into your microphone, you have the potential to damage not only the video’s audio, but also the videographer’s hearing. Please be courteous and aware while wearing the microphone.

3) The boundary microphone is not part of the table.

The boundary microphone is the failsafe for the videographer and usually sits in the middle of the table between the attorneys, the deponent, and the court reporter. It records everything. For that reason, it is usually kept at a low setting so as not to pick up every single noise or conflict with the witness and the two primary attorneys. It is kept loud enough that those in the room who are not wearing a mic, such as the court reporter, videographer, and any other attorneys, are able to be heard on the video record.

Therefore, when papers are stacked on top of it or shuffled through over it, the microphone becomes less of a functioning tool and more of a noisy hindrance. Objections, including your own, may not be heard over the rustling of papers. It is best if you can keep all microphones unobstructed, especially boundary microphones, and keep paperwork away from it.

In the end, the video we are shooting is for you, and our requests are meant to help make the video of the highest possible quality while creating a safe environment for the deposition and minimize stress for all parties in the room. If you do your best to accommodate us and are open about your needs for the deposition, we can better assure a smooth day and an impressive video for you to use in trial.

Frank Holmes is a legal videographer employed by PohlmanUSA Court Reporting where he focuses his experience on the St. Louis, Missouri, metro area. Frank is also a successful trial technician and works in the trial services team at PohlmanUSA.

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That New School Year Feeling: How a Deposition Can Feel Like Going Back to School for the Attorney and the Witness

As summer is winding down, and the nostalgia of autumn is beginning to drift in, memories of going back to school are forefront in the heads of many adults. Whether it was  Friday night football games, the squeaks of new shoes against the freshly waxed floor tiles, the scent of freshly cut pencil shavings, running miles around the hot track, or eating lunch with your closest hundred friends, there are many good memories of school.

There are also many not so good memories! The first day of each year was full of feelings of being unsure of ourselves as we attempted to acclimate to the new schedule, the new classroom, the new teacher, and the other students. Walking into the first day of kindergarten holding hands with your mom, or stepping onto a university campus your freshmen year miles away from home, instilled anxiety before those big moments. It is with these memories of the first day of school that make me think how it feels for attorneys and witnesses when entering a deposition.

Attorneys may depose their first or hundredth witness and still have the sense of the unknown walking into the deposition. For a witness it may be there first and only time ever being at a deposition and they feel like they are on stage. The witness may know their own attorney, but they usually don’t know anybody else in the room. The room, maybe even the building itself, is likely not a place they’ve ever been to, and unlike in school, most of the people in the room are at best indifferent at becoming friends with you, or at worst, are against you.

So what can be done to prepare for a deposition? Here are some suggestions to making it a more comfortable experience:

  • Treat the Deposition Like the First Day of School –

When you walked in your first day of school, you felt the anxiety of not knowing what to expect. You may have even heard rumors about the school or classes from friends or family that put you on edge.

Depositions can also cause just as much anxiety. The new atmosphere, experience, and people may cause the questioning attorney and the witness dread. Courtroom dramas and sensationalized anecdotes only serve to intensify those feelings. Be prepared with what questions you need answered. Be mindful of your flow and if it is your client or witness being deposed, be mindful of your their concerns. Run through your questions and expected questions from the other attorney, and help assure the witness that it’s natural to feel anxious.

  • Be patient –

In elementary school it would be 11:00 am, and the lunch/recess hour was still an hour away. Your stomach would begin to twist in pain and the teacher would suddenly start sounding like the adults from Snoopy cartoons as if time had slowed down. You would get more and more fidgety and stare at the clock until the bell rang. After lunch you looked at your desk and realized that in the hour before lunch, you accomplished nothing.

It is important to remember in a deposition you are not always in charge of the schedule of the day, and sometimes you deal with attorneys who take late lunches or maybe even no lunch at all. Don’t let impatience for a break or for the end of the day cause you to gloss over what you’re there to accomplish.

  • Use listening ears –

Paying attention in class was likely a chore at certain times. The subjects may be uninteresting or the information may be redundant from a previous class. But if you zoned out too long, you may miss the golden nugget of information that you needed for your test.

The same can be applied to depositions. You should be listening to opposing council question the witness so that you can object to questions and preserve the testimony.

  • Make Sure Your Witness Can Plan Around the Deposition –

In college and high school, you likely received a schedule before you arrived in class, and possibly even a map of the building with the rooms you were looking for. The benefit was that you could coordinate your plans before, during, and after school to ensure your time was most effectively utilized.

If the witness knows when the deposition is supposed to start, where it will be, the best place to park, and how long the deposition will likely last, they can find some comfort in being able to plan. A little planning can create a lot less stress for the witness, who like a student in a new school is going to be out of their element.

  • Walk Through the Deposition Process with Your Witness –

Often times before school even started you were often given a syllabus for each class. When you walked into school, you knew where you were supposed to go and what to expect in each classroom.

Likewise, it is beneficial if the witness has a general understanding of what types of questions they will be asked prior to arriving, so that they feel prepared to give the information they need to. Also, like a student shopping for school supplies, the more time the witness has to prepare, the more exhibits they can produce to you so that they can better articulate their case and move the questioning along expediently.

  • Help Your Witness Understand What is Required of Them –

On the first day of class, teachers often laid ground rules so that their students knew how to behave in the classrooms. Some of the rules given may have been things like raise your hand to speak and don’t interrupt when someone else is talking.

The deposition has its own set of rules as well, and it helps if the witness is already familiar with them before entering the room. Rules such as “Wait until the questioning attorney has finished talking before answering his or her question,” or, “Do not interrupt each other,” could be gone over prior to the deposition beginning. This will help ensure a clean transcript.

  • Assure Them To Not Take Anything Personally –

 

In school, you often had to deal with people we didn’t easily get along with on a day to day basis. You may have even been bullied. The witness may feel this same anxiety when facing an attorney from opposing council, except they do not have their own clique to turn to, no classwork to limit their interaction, and there is no option to escape the attorney’s proximity. The only thing the witness has to turn to is his or her own council.

 

Assure your client that the opposing council may use tactics to elicit a response, but the witness needs to keep their composure and not take anything personally. Also, assure the witness you are working to protect their interests and breaks are beneficial to help refocus.

By reflecting on your own memories of the first day of school and the many unknowns, try to empathize with your client as they enter into a deposition. Your ability to empathize with them may be the key to building their trust in you as their representative and your reputation as a caring attorney.

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3 Ways to Assist Your Videographer From a Videographer’s Perspective Part 1: When Scheduling a Deposition

After working in the legal videography field, I’ve come to experience that videographers are seen as the magic-wielding stepchild of the deposition. Nobody (save maybe the court reporter) seems to understand what we do or why we do it.

Listed below are three ways attorneys and their deponents may better assist in ensuring the video is of the highest quality.

1.)   Consider the videographer as two to five people when booking a room.

This past week I had a deposition at a doctor’s office. The office had multiple desks, tables and chairs positioned throughout the small room. When I came in, all I could think was, “How in the world am I going to set up all of my gear in such a way that I can operate my camera and mixer, yet not violate some fire code and cause tripping hazards?”

A videographer is a single person but it is important to remember that our equipment takes up the space of an additional 1-2 people.  Therefore, if you think you can fit everyone in the room, think about adding two more people next to the videographer and another person or two behind the deponent to allow for space for a backdrop.  If the room will be too cramped, consider moving the deposition to a different one for the safety and comfort of everyone involved. The end result will be a smoother deposition and a calmer witness.

2.)   Tell us your preferred setup before we’re set up.

A few months back I shot a deposition where there were going to be four to six attorneys present in the room, along with the court reporter, the deponent, and myself. I arrived an hour early, as is practice at PohlmanUSA, and set up the room with the camera shooting down the table at the deponent on the other end. Twenty minutes before the start of the deposition, the hiring attorney asked me to change the setup and move my equipment to other end of the table near the witness.

If you have a special request on how you want the room laid out at a deposition, tell us in advance. You can also meet us there in the room an hour beforehand and tell us. It’s far less frustrating for both parties if we are on the same page from the beginning, and minutes wasted reorganizing can be avoided if everything is initially setup correctly.

3.)   Ask the videographer for assistance with the microphone, moving cables, or anything else related to his equipment.

Remember, the videographer is there to assist you. While we may have a job to do, and we may ask for and appreciate you accommodating us, at the end of the day the video is for your use. We are here for you! So if we or our equipment is in the way, let us know.

As stated in my previous blog, the video we are shooting is for you, and our requests are meant to help make the video of the highest possible quality while creating a safe environment for the deposition and minimize stress for all parties in the room. If you do your best to accommodate us and are open about your needs for the deposition, we can better assure a smooth day and an impressive video for you to use in trial.

Frank Holmes is a legal videographer employed by PohlmanUSA Court Reporting where he focuses his experience on the St. Louis, Missouri, metro area. Frank is also a successful trial technician and works in the trial services team at PohlmanUSA.

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PohlmanUSA Takes the Gold in the Court Reporting Olympics!

The PohlmanUSA team, led by an experienced and dedicated leadership team, excels with features and benefits designed to assist litigation teams from discovery, through depositions, and into trial. It is not just centralized scheduling, production, and billing teams that propel PohlmanUSA to the top of the litigation services game. PohlmanUSA takes the gold for its highly qualified court reporters and its staff with more than 25 years as the leading provider of technology-driven court reporting services across the country. PohlmanUSA also wins gold for its 24/7 nationwide availability and outstanding customer service. When you are in the midst of discovery on a case, big or small, and you are striving for a big win, trust the PohlmanUSA team and its winning features to bring home the gold medal for your team too!

To learn more about the winning benefits of working with the PohlmanUSA team and to discover what other gold medal service offerings it has, visit PohlmanUSA.com.

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In remembrance of Carole A. Bartkowicz (1948 – 2016)

Our dear friend and colleague Carole A. Bartkowicz departed Earth on Monday, July 18, 2016. Carole was a not just a colleague, she was a friend to many. Her fun-loving spirit, dedication to her profession as a court reporter, and her commitment to live each day to the fullest made her easy to love. Carole will be remembered by those who knew her well as kind, never taking no for an answer, an utmost professional, and a generous person.

Carole was an amazing court reporter who mentored other reporters and provided guidance to many. Carole began her court reporting career in 1968 and was selected in 2014 by the National Court Reporting Agency (NCRA) to be inducted into an elite group of reporters as a Fellow of the Academy of Professional Reporters. Carole remained active in the profession inside and outside of depositions serving on both Triton College and DePaul University’s advisory board. She also held numerous roles within professional organizations.  Among the many professional roles she held were; treasurer and president of the Chicago Exchange Reporters Association, co-founder of the Illinois Court Reporters Association, chairman of the Illinois CSR Licensing Board, and various committee positions with the National Shorthand Reporters Association.  She also published numerous articles and seminars on various topics in court reporting, including co-authoring the Illinois CSR Code of Ethics. Carole’s knowledge and commitment to the advancement of the profession continues on through those that she taught and mentored over the years.

Outside of her professional life Carole was a loving wife, sister, aunt and great-aunt. She was also an avid horseback rider and horse lover.

Our thoughts are with those closest to Carole who she left behind including her husband of 46 years, the Honorable Ronald Bartkowicz. You can leave a tribute to Carole at http://www.pietrykafh.com/obituaries/Carole-Bartkowicz/

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How to Choose a Vendor Part 2: Cost Control

Whether you are an attorney or staff member in a litigation firm your job has a lot of moving parts with limited time to accomplish all that needs to be done each day. When choosing a business partner to support you it is important, and can save a lot of time on the back end, if you know what questions to ask upfront.

As most law firms are becoming more cost conscious it never hurts to ask your vendor what they do to assist clients to reduce costs. Below is a list of questions you should ask your litigation firm and the answers you should receive based on PohlmanUSA’s common practices:

 How can you help me reduce costs for multiparty litigation?

For multiparty litigation, Desktop Video Conferencing (DVC) is a high-tech litigation-support service. Combing the convenience of telephonic deposition attendance with the benefits of appearing in person, DVC is a reliable, secure, and cost-effective way to attend a deposition from the convenience of your office or home.

What technologies do you use to reduce client costs?

PohlmanUSA is recognized as the nationwide leading provider of technology-driven court reporting and litigation services. We have a records department available to provide competitive rates for collecting, storing and distributing medical and other records in any of your cases coast to coast. PohlmanUSA also recognizes the time and cost associated with exhibit heavy cases so at PohlmanUSA, also have available exhibit management systems. At PohlmanUSA we provide management and shipping of hard copy or electronic exhibits.

How else do you reduce costs for me?

At PohlmanUSA we have found with our 25 + years of experience that by limiting our brick and mortar office locations we can provide our clients with the top court reporters and top customer service with lower overhead to pass along to our clients.

I have multiple depositions to schedule in a case. Can I get special pricing?

At PohlmanUSA we are always happy to discuss case specifics to strategize the most economical way to get your needs met. Depending on the volume of depositions in a case along with the different services you may need and locations of the depositions prices may vary. For large cases pricing please contact the sales and marketing team at [email protected].

What other charges will I receive?

None. At PohlmanUSA we are upfront with every cost a client will be billed and find this helps with litigation budgets and cost control for our clients and for your clients. We do not have “extra” or “hidden” fees for our services.

Want to learn more about how PohlmanUSA can be your partner in reducing costs associated with discovery in your litigation? Call our sales & marketing department at 1-877-421-0099 or email us at [email protected]. And remember, “We’re always listening®.”

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Happy Independence Day

While our team is taking the day to enjoy with our friends and family it is nice to remember how July 4th became a National holiday. It was back in 1776 when the original thirteen colonies separated from Great Britain during the American Revolution.  On July 2, 1776, the Second Continental Congress voted on independence from Great Britain.  On July 3, 1776 John Adams wrote, “The second day of July, 1776, will be the most memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires, and illuminations, from one end of this continent to the other, from this time forward forever more.” (“Letter from John Adams to Abigail Adams, 3 July 1776, ‘Had a Declaration…'”. Adams Family Papers. Massachusetts Historical Society. Retrieved June 28, 2009.).  It was actually on July 4, 1776, that the Declaration of Independence was ratified.  John was a day off in his predication of when the Declaration would be signed but he was correct that it was a day that should be celebrated. And now over 200 years later we take the day to spend with our family and friends, having bar b que’s, pool parties and enjoying the freedoms of being Americans. Happy Independence Day from our team!

 

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 PohlmanUSA Court Reporting Named a Top Workplace by the St. Louis Post Dispatch

 

St. Louis, MO. (June 27, 2016) – Deborah J. Walters, President and CEO, is pleased to announce that PohlmanUSA Court Reporting has been selected for the second year in a row as one of the “Top Workplaces” in St. Louis, MO-IL metropolitan region for 2016 by the St. Louis Post Dispatch.

The Top Workplaces are determined by a survey result of those who know the nominated companies best – the employees. The results are based on employee feedback via a confidential employee survey focused on organizational health.  Several key factors including alignment (being aligned as an organization), connection (genuinely connecting with employees), effectiveness (executing business plans effectively) and my manager (managing employees well) are measured in order to determine an organization’s health.  The employee survey is conducted by WorkplaceDynamics, LLC, a leading research firm focused on organizational health and workplace improvement.

“We put client needs first, each and every day.  At the same time, we focus on meeting the needs of each person who works at PohlmanUSA,” says Walters. “Our company slogan is: ‘We’re always listening.’ We do that internally with our own teammates, and certainly with our clients. The result is exceptional customer service, as we deliver technology-driven services.” PohlmanUSA has been in business for 25 years. Notes Walters: “On-going client support, loyalty and vision are the foundation upon which this firm was built.”

ABOUT POHLMANUSA COURT REPORTING

Headquartered in St. Louis, MO, with offices in Chicago and Edwardsville, IL, PohlmanUSA Court Reporting is recognized nationwide as the leading provider of technology-driven court reporting and litigation services. For 25 years, PohlmanUSA has specialized in complex multiparty litigation by creating innovative products and customized solutions for our clients. We are committed to delivering exceptional customer service and anticipating our clients’ needs. Whether you need a talented court reporter or videographer for a deposition in an asbestos or mass tort case, MDL, or general litigation matter, we have a professional ready for your need nationwide.

For more information please contact Carrie Titus, Director of Sales and Marketing at 314-421-0099 or [email protected].

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Jennifer Yu, Esq, Joins PohlmanUSA Court Reporting and Litigation Services in Chicago

Jennifer Yu, Esq, has joined St. Louis, Mo.-based national litigation support firm, PohlmanUSA Court Reporting, as an Account Executive in the Chicago, IL office. Making the announcement was Deborah J. Walters, President and Chief Operating Officer.

In her new position, Jennifer is responsible for sales and marketing activities in the Chicagoland area.  Jennifer will work closely with other members of the sales and marketing team including Director, Carrie Titus, Esq. Jennifer is a passionate, client facing sales executive with over 10 years of experience working with law firms in Chicago, the Midwest and nationally. As a former litigator Jennifer understands and prides herself on providing cutting edge technology solutions and exceptional client support to each of her clients to assist them in creating efficiencies in their cases.

Jennifer dedicates time to organizations aimed at helping bring better knowledge to the legal community. She is a founding member of the Chicago Chapter of Women in eDiscovery.  In her time away from the office Jennifer focuses on helping women and children in need in the community where she lives and spending time with her husband and two children.

Jennifer received her Juris Doctorate from DePaul University College of Law and a bachelor of science degree in English language and literature from Arizona State University.

About PohlmanUSA Court Reporting & Litigation Services

Founded in 1990, PohlmanUSA provides law firms across the U.S. with court reporting and advanced litigation support services from offices in St. Louis, Mo., Edwardsville, and Chicago, Ill. Its nearly 60 member staff is complemented by a nationwide network of over 450 partner-contractor court reporters. PohlmanUSA offers a proprietary, online case management program called MyCase™ and a custom solution to eFile and eServe, MyDocFileServe™. PohlmanUSA also has a records collection, management and online distribution service called MyRecordsRetrieval™ and offers Desktop Video Conferencing (DVC) for use in depositions across the country and world-wide. Visit www.pohlmanusa.com for more information. We’re always listening. ®

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What You Need to Know About the Alan Reinstein and Trevor Schaefer Toxic Chemical Protection Act

 

This bill was introduced by Sen. Edward Markey (D-MA.) and Sen. Barbara Boxer (D-CA). It seeks to pave the way for toxic substance control reform and to ban asbestos in the U.S. It also addresses stronger safety standards and quicker safety reviews of chemicals including asbestos. It is named after Alan Reinstein, former president of Asbestos Disease Awareness Organization (ADAO), who died of mesothelioma in 2006, and Trevor Schaefer, a brain cancer survivor who was diagnosed with the disease at the age of 13 in 2003.

This bill was written to address asbestos, children’s cancer, and other threats that toxic chemicals pose to families living in the United States. It is designed to protect the public health by:

  • Requiring EPA to use a stronger standard to judge whether chemicals are safe.
  • Requiring EPA to review more chemicals more quickly.
  • Requiring swift action on cancer-causing asbestos.
  • Making clearer which chemicals EPA can designate as needing review “high priority” or considered as safe without a full review “low priority” and provides citizens the right to challenge “low priority” designations in court.
  • Ensuring that all chemicals in the marketplace are ultimately assessed by EPA.
  • Preserving EPA’s authority to regulate products and mixtures containing dangerous chemicals.
  • Ensures states can protect their citizens from dangerous chemicals.

To remain up to date on the status of the Alan Reinstein and Trevor Schaefer Toxic Chemical Protection Act which amends the Toxic Substance Control Act visit: https://www.congress.gov/bill/114th-congress/senate-bill/725

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