The old saying that "A picture is worth a thousand words" is more truth than poetry. The juries that are presented with properly prepared video evidence will stay alert and will remember far more information than those who simply hear the words without having the advantage of the corresponding visual aid that should have accompanied it.
Videography to the legal professional is like a copy machine to a busy office. The legal profession has arrived at the point where it cannot successfully survive without it. With the courts continuing to be backed up with civil cases from six to sixty months across the nation, the courts are looking for every technique possible that will speed up the litigating process.
Video recording of only depositions is what many trial attorneys feel is what legal videography is all about. It is not uncommon to find attorneys in this day and age refusing to take testimony at a deposition without having it video recorded. However, video recorded deposition is just the beginning of what the professional legal videographer has to offer.
Taking depositions has been one of the methods that attorneys have used for decades, during the discovery phase of a case, to secure information that will speed the litigating process. Now, with the advent of videography during the deposition, the attorney can show to the triers of fact the facial expressions, the mannerisms, the hesitations and the many telling features of the deponent in a way that a type written transcription of the testimony cannot show. By having the videographer utilize their post-production editing from the original recording of the testimony, it can save many hours of irrelevant testimony that would otherwise have been presented during a trial. More importantly, the video documentaries that are now produced on a regular basis to be used in court are being effectively used during mediation, arbitration or during other pre-trial attempts to settle cases out of court.
All video evidence of testimony under oath is controlled by the court approved rules in our nation's Federal, State, Appellate and District courts. It is important for the attorney to know just what will or will not be admissible in a court of law. As you already know, what ultimately will be admitted during a trial is up to the discretion of the Judge in any specific court. Envision's legal videographer is certified by the American Guild of Court Videographers (AGCV) and is trained in all aspects of legal videography. The AGCV will only accept professional videographers into its membership and specializes in training and certifying its members in knowing and using the appropriate rules in producing video evidence for the courts.
We are hearing more and more of new and creative methods on how videography is being effectively used in the litigating process. With 95% of all civil law suits never making it into court, the "Mediation Documentary" (commonly referred to as a Video Settlement Brochure) has become the most effective method of conveying the plaintiff's story to the opposing party. It can contain visual information (evidence) that would otherwise not be permitted to be shown in court. Because there are no rules regarding the content of the video mediation documentary, it can be very convincing in bringing about a successful early settlement (with the accompanying early payout for the attorneys) during pre-trial negotiations above and beyond any other method now being used.
It has been well established that a professionally prepared video document depicting how a person's life has been inextricably altered by an unexpected, unfortunate and preventable incident has proven to be far more effective and convincing that the actual live testimony given by the victim sitting in the witness stand attempting to tell their story during their live testimony! Seven figure settlements are not uncommon when these video documents (ADL's) are presented to the triers of fact at just the right time during the presentation of the victim's true condition. Remember, the viewers will only remember 20% of what they hear but 80% of what they see and hear!
Rarely will a jury or judge be able to appreciate what the plaintiff has had to suffer through to be able to rehabilitate themselves after a catastrophic incident has destroyed, not only their present life, but also their future without the advantage of seeing it with their own eyes. It is almost impossible for people to appreciate what the victim has had to endure without having it brought to them in full, capable color so they can actually see it for themselves.
An area for legal videography which is becoming far more popular with the estate planning attorneys is the video recording of the "Will Execution Ceremony." By the showing of a video recording of the ceremony, it will answer one of the most important questions that leads to litigation concerning the validity of the will and that is the questionable "mental" capabilities of the testator or testatrix when the last will and testament was executed. This problem is eliminated when the holder of the estate is shown reading their own will. The properly trained legal videographer can assist in the correct method of recording the event so as to remove any doubts as to the validity of the document as read and signed by the testator/ testatrix. The exact same video methods that are used during the will execution ceremony is equally effective when there is the video recording of the pre-nuptial or post-nuptial agreement signings.
Video has historically been mostly used by trial attorneys, however, it can be effectively used by attorneys in almost every phase of law. One such example was just mentioned above with the estate planning attorney and another area, now being used more and more, is the video recording of major construction projects (which inevitably end up in court for one reason or another). These video recordings are now being used for pre-construction documentation, video documentation during the construction itself and many times as post-construction video documentaries showing faulty materials and/or workmanship.
The astute corporate attorney will suggest the developer or general contractor, whether the project be private or be federal, state or local government funded, have a "pre-construction" video recording of the surrounding area where major construction will take place to establish the conditions of properties prior to the time that the first piece of equipment arrives on site. This can save the developer or tax payer from paying thousands of dollars in false claims of damages due to construction. Here is where an ounce of prevention can save many pounds of grief later.
When it comes to video recording during construction, it allows the one funding the project to verify exactly what work has been completed and what materials are on site before they cut the payment check for the work as claimed by the contractor on the draw request for payment. In the past it has been common for the lender or financer to have Polaroid pictures to back up the draw request. This has been proven to be easily misleading and fraudulent subjecting the lender to substantial losses. These videos can also be used as training videos teaching the bank inspector just what to look for when they are on location at the construction site.
Post-construction videos have been especially effective in showing defective materials and sub-standard work before the final payments are issued at the completion of a project. It is one way that the problem that exists at a remote location can actually be brought into the courtroom for the triers of fact to view! It is far more cost effective than taking the jury out to the location so they can see the problems for themselves.
The old saying that "A picture is worth a thousand words" is more truth than poetry. The juries that are presented with properly prepared video evidence will stay alert and will remember far more information than those who simply hear the words without having the advantage of the corresponding visual aid that should have accompanied it.
Taking depositions has been one of the methods that attorneys have used for decades, during the discovery phase of a case, to secure information that will speed the litigating process. Now, with the advent of videography during the deposition, the attorney can show to the triers of fact the facial expressions, the mannerisms, the hesitations and the many telling features of the deponent in a way that a type written transcription of the testimony cannot show. By having the videographer utilize their post-production editing from the original recording of the testimony, it can save many hours of irrelevant testimony that would otherwise have been presented during a trial. More importantly, the video documentaries that are now produced on a regular basis to be used in court are being effectively used during mediation, arbitration or during other pre-trial attempts to settle cases out of court. 
We are hearing more and more of new and creative methods on how videography is being effectively used in the litigating process. With 95% of all civil law suits never making it into court, the "Mediation Documentary" (commonly referred to as a Video Settlement Brochure) has become the most effective method of conveying the plaintiff's story to the opposing party. It can contain visual information (evidence) that would otherwise not be permitted to be shown in court. Because there are no rules regarding the content of the video mediation documentary, it can be very convincing in bringing about a successful early settlement (with the accompanying early payout for the attorneys) during pre-trial negotiations above and beyond any other method now being used.
An area for legal videography which is becoming far more popular with the estate planning attorneys is the video recording of the "Will Execution Ceremony." By the showing of a video recording of the ceremony, it will answer one of the most important questions that leads to litigation concerning the validity of the will and that is the questionable "mental" capabilities of the testator or testatrix when the last will and testament was executed. This problem is eliminated when the holder of the estate is shown reading their own will. The properly trained legal videographer can assist in the correct method of recording the event so as to remove any doubts as to the validity of the document as read and signed by the testator/ testatrix. The exact same video methods that are used during the will execution ceremony is equally effective when there is the video recording of the pre-nuptial or post-nuptial agreement signings.
The astute corporate attorney will suggest the developer or general contractor, whether the project be private or be federal, state or local government funded, have a "pre-construction" video recording of the surrounding area where major construction will take place to establish the conditions of properties prior to the time that the first piece of equipment arrives on site. This can save the developer or tax payer from paying thousands of dollars in false claims of damages due to construction. Here is where an ounce of prevention can save many pounds of grief later.
