The Discovery Update – August 2008

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August 2008

From the President

Every year, Law Technology News (LTN) recognizes leaders in legal technology. This year Atkinson-Baker Court Reporters has been nominated for the LTN Technology vendor award in the following categories: “New Product of the year,” “Docket & Calendaring Application” and “Records Management Software.” We can only win if our clients, who are also subscribers of Law Technology News, vote for us, if they so see fit.

To vote, please go to the following link: www.lawtechnews.com/awards. You will need to provide your subscriber ID found on the top line of the address label on the front of your copy of Law Technology News.

We are honored just to be recognized for our devotion to keeping up with our clients’ needs in the area of technology which is what we’ve done for over twenty years.

Best regards,
Sheila Atkinson-Baker

Deposition Trap: The Out-Of-Town Witness

By Paul Sandler
for The Daily Record, Baltimore

There you are in Milwaukee, representing your client, the defendant in a toxic tort case. Counsel for the plaintiff is about to depose a witness who previously lived in the plaintiff’s neighborhood in Maryland. Now, as the plaintiff’s counsel questions the witness, you sit in amazement as blatantly false testimony unfolds.

Why impeach now? you think. I’ll save it for trial to avoid tipping my hand too early.

Fourteen months later, the trial begins. As the plaintiff’s counsel proceeds with her case you sense something is wrong. That Milwaukee witness with the fantastic story does not seem to be lurking in the halls.

Suddenly, opposing counsel stands and quietly states: Our next witness is unavailable. He lives out of state. I wish now to call my associate, Linda Jones, to the stand. I would like to read the questions from the witness’ deposition; Ms. Jones will respond.

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Put Those Video Depositions to Work for You

By Robert Neale
CES Trial Services

As many of us know, incorporating video depositions in a case can be a costly and many times unnecessary expense. With most trials settling and not actually going to trial, many attorneys don’t see the need to spend the extra money on this invaluable service. The fact is, a video deposition when prepared properly can actually save you and your attorney time in your discovery as well as the client money over the life of the case and, it’ll likely help you settle cases faster. So don’t shelf those video depositions when you get them, put them to work for you from the onset of the case.

To accomplish this we need to change the way we think about using video in the discovery process and add a little a dose of technology. If you prepare your video product as if you will most certainly be going to trial with it (instead of using it as insurance) and you make some simple changes, your video will cost you less and be more productive throughout the life of the case.

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