Day-In-The-Life Videos for Trial

/in /by

Day-In-The-Life Videos for TrialOne of the most effective ways for an attorney to present his client’s case to a jury is through video. Seasoned trial lawyers have been using demonstrable evidence for years, creating a visual landscape for jurors to decide the case. With the prevalence of technology in our society, and our one hundred forty character culture, I’m finding that jurors expect well produced and information packed visuals at trial. Whether this need is conscious or not, it is now a way of life and a fact that every trial attorney must confront. When proving your client’s damages at trial, nothing is more powerful than the day-in-the-life video.

A day-in-the-life video gives the lawyer, like a slip and fall lawyer New York, NY trusts, a great opportunity to bring to life the daily, and even minute by minute, struggles that the client endures as a result of their injury. The video is typically admitted into evidence as part of the caregiver’s direct testimony. It is very important to make sure that the videographer who is videotaping and editing, is experienced in making these videos. Inexperience or sloppiness can greatly reduce the impact the video can have.

Usually, making these videos is a three step process. First, it is imperative that the videographer conduct a thorough interview at the home of the client. This interview must include the entire family and whoever else can be of assistance in learning about the client’s true “day in the life.” After an extensive and probing interview, the videographer now knows the family and the client’s limitations and daily routine. The second prong is scheduling the day to take video. The videographer is now armed with knowledge of the daily routine, as well as, what to expect throughout the day. On the day of the shoot, he or she should typically arrive before the client wakes up in the morning and stay until they go to bed. However, that may not be necessary in most cases depending on the specific disabilities, budget, necessity etc.… Finally, the video must be edited. An experienced videographer knows that the entire video should not be more than thirty minutes. Only the most important and illustrative footage should be used. If there is too much footage, it will lose the effect. Keep in mind that jurors’ attention spans are not unlimited.

If done right, and with an experienced videographer, a day-in-the-life video can be a powerful illustrative tool to help the jury understand the full extent of your client’s injury and disability. In order to make an effective video presentation, you must be prepared to pay between $1,000 and $3,500 (or more). If your case is significant enough to need a videographer, do not let cost get in the way. Remember, your job is to maximize the client’s recovery. By not securing a day-in-the-life video, you may be doing your client a great disservice.

 

Thanks to our friends and contributors from Okun, Oddo & Babat, P.C. for their insight into trial and legal practice.

 

Discovery and Deposition in Child Custody Cases

/in /by

Discovery and Deposition in Child Custody CasesGoing through a divorce can be a long and emotionally taxing process. It can take a long time to get to a place where you are ready to file for divorce, especially when children are involved. Child custody cases can become contentious very quickly. It can be hard to come to custody agreements with an ex spouse around topics such as visitation and child support.

Components of Discovery

The discovery process is how the attorneys representing both you and your ex will gather information needed for mediation and court. In most situations, child custody is a component to the divorce proceedings. Because the negotiation at hand is regarding your most precious asset, child custody situations can become heated and challenging to navigate. During the discovery, your attorney will likely gather information about your child, including school and medical records.

Deposition

In the event that there are people that the attorney needs to gather information from, it is likely that they will be required to participate in a deposition. A deposition can help an attorney, like skilled child custody attorneys in Arizona or your area, to efficiently gather information and evidence that can be used for child custody negotiations. Another common strategy is to evaluate if the person being deposed will be a strong witness for the case. It is important to note that all information given by the witness during the deposition can be used in court. When you are the one being deposed, it will be helpful to be as prepared as possible by:

  • Thinking before you speak. It’s important to take your time when answering the questions. Be sure that you understand what they are asking before giving an answer. It can be tempting to take a guess if you are not sure. It’s better to not know the answer than to answer incorrectly.
  • Only answer the questions you are directly asked. You never want to give up additional information to the opposing counsel.
  • It’s okay to make a mistake. If you realize you have done so, be sure to correct yourself.

What Is a Court Reporter’s Role?

Court reporters are a commonly forgotten component in divorce/child custody proceedings. What many don’t realize is how utilizing a court reporter is essential as they are responsible for providing the transcripts needed from the deposition. Often court reporter’s are commonly overlooked but are a vital part to the discovery process as they are responsible for creating the transcript for all people that are deposed. This allows for witness testimony to be reviewed by the attorney or in court at a later date if needed.

Being prepared for your deposition will be important in enduring the process. Child custody cases can come with their fair share of stress and heartache, having a practiced attorney by your side throughout can aid in receiving the best possible outcome.

 

Thanks to our contributors from Hildebrand Law for their insight into discovery and depositions in child custody cases.