San Francisco, CA commercial litigation attorney Edward Hugo discusses his experience with virtual depositions. He remarks that he has extensive experience with virtual depositions and quickly recognized that the platform is here to stay. Virtual depositions, appearances, and even trials are becoming standard, and he emphasizes the need to understand potential pitfalls and prevent abuses.

He gives an example: during trial-preservation testimony, a plaintiff was asked to identify a gasket by name. The plaintiff began spelling it, but it quickly became apparent he was reading the answer from his phone, texted to him by his own attorney. This, he explains, is a clear instance of abuse that can occur in virtual depositions.

To prevent such situations, he stresses that traditional examination methods must adapt. Questions need to cover the virtual environment itself: “Do you have communication with anyone else at this time? What is in the room? Do you have a phone or any device to communicate with others? Have you been texting or emailing? Do you have notes?” Without this line of questioning, a lawyer cannot know what the witness is relying on when responding to questions.

He emphasizes that mastering these techniques is essential to maintaining the integrity of testimony in virtual proceedings.