This article was originally published in the July/Aug 2021 issue of San Diego Lawyer Magazine.
By Brenda Peterson
In our little world of depositions, it is safe to say we all came to a screeching halt in March 2020. Discovery during COVID has required courage, retooling, and technological education as a means for truly “adapting and surviving.” Now, one year later, as George Harrison once sang, “here comes the sun!”
As court reporters, we are singing the praises of Zoom and the praises of San Diego attorneys. Over the past few months, I have had over 25 conversations with San Diego court reporters inquiring how the attorneys of our close-knit legal community are doing with Zoom and civility during the pressures of COVID. Confirmed across the board was the high level of civility and understanding that our San Diego attorneys demonstrate on a daily basis.
In general, reporters understand attorneys have a lot on their plates. Pre-COVID, some attorneys, seemingly for strategic purposes, intentionally don the face and demeanor of a warrior. Then the pandemic happened, and the “warrior” adapted a more relaxed demeanor, one of cooperation, patience, and understanding. In particular, there was a wide berth given for glitches in technology.
The reporters recognized the attorneys had to learn a new language almost overnight, and have relied upon reporters to help them. The effect, one reporter commented, was “feeling like we were growing up together.” And it brought us all closer to understanding what needs to be accomplished for a successful deposition and making an accurate record for the sake of settling your case or going to trial.
Over a recent Zoom happy hour with reporters, the following tips were suggested as ways to help you stay connected and help us make a record upon which you can rely:
Best Practice #1. If possible, keep your eye on your witness to be sure they are finished answering the question before posing your new question. Zoom requires a three-second pause between speakers or the testimony is unintelligible.
Best Practice #2. To prevent losing connection, remove your exhibit as soon as you are finished showing it to the witness. Exhibits eat up bandwidth, and bandwidth problems are a primary cause of loss of connection. Additionally, virtual backdrops are cool, but they also eat up bandwidth, again, causing loss of connection.
Best Practice #3. We understand you may want to mute your audio, but don’t shut off your video. If your video is not on, we do not know if you have dropped off. The best way to be heard is to be seen.
Best Practice #4. One person per computer. When multiple people share a computer, it is almost impossible to hear any single individual.
Best Practice #5. Keep your reporter in your gallery box. If you don’t see us, we might have dropped off. No reporter means no record.
The sun is shining again and we are thrilled to be back to work!
Brenda S. Peterson, CSR #3651, (brenda@ petersonreporting.com) is the President and Founder of Peterson Reporting, Video & Litigation Services.