I have significant experience with

virtual depositions I immediately

recognized that that is a platform

that’s here to stay it’s not a coveted

limited platform we are going to have

virtual depositions and virtual

appearances and trials moving forward so

you need to understand what can happen

in those virtual depositions and find

out ways to prevent abuse when I mean

abuse let me give you an example this is

a plaintiff who is giving trial

preservation testimony and his attorney

asked him to identify a gasket by name

the gasket is durable d-u-r-a-b-l-a

for any of the flange types that you

joined together as a pipefitter at the

24th Street Marine Terminal you recall

the brand name of any gaskets that went

between the pipes regulus

and when you’re saying job you look

could you spell that for the court

reporter

give me a second

thank you

r a b l a

okay

um if I can just interrupt can I

plaintiff is looking at

did you just read something off your

phone sir

yes

I’ll stipulate that I sent him a uh

the spelling of durabra

in that tape plaintiff’s council texted

his own client the answer this is an

example of the abuse that can occur in

Virtual depositions and it requires that

lawyers be taught how to prevent that

abuse so traditional examination has to

change it has to include questions like

do you have communication with other

people at this time what’s in the room

do you have a phone do you have any type

of device where you can communicate with

anybody have you been texting have you

been emailing do you have notes without

that type of examination you don’t know

what the plaintiff is relying on when

he’s responding to questions