The realistic litigator and the deposition video

I was recently scheduled to be deposed as an expert witness in a software patent case. The Stuffy Big Firm (founded in the 19th century; more than 1000 lawyers today; breathtaking office space) partner representing the defendant said that the deposition would be videotaped. I said “Oh, so I’ll need to wear a suit.” He said “Don’t bother. Nobody will ever look at it.”

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7 thoughts on “The realistic litigator and the deposition video

  1. Do they just enter your testimony (?) into record and quote verbatim under some understanding that they could produce the tape, so nobody’s bothering to actually watch it?

  2. Jon: Never look at the video.

    lvl: There is also a stenographer there creating a written transcript. That is what is cited and used generally. A video might be helpful in front of a jury to show that a witness had an evasive demeanor, but this matter was being heard in front of some administrative law judges (see http://www.uspto.gov/patents-application-process/patent-trial-and-appeal-board-0 ) and generally expert witnesses in patent cases don’t have demeanors that are interesting!

  3. Reminds me of a quote from Cliff Stoll when meeting with NSA military types, back before they had their own proper geeks.

    > (Stoll) “Think anyone will mind that I don’t have a tie?” I’d worn a clean pair of
    jeans, figuring there might be some important people. But I still didn’t own a suit
    or tie.
    > “Don’t worry,” Bob (Morris) said. “At your level of abstraction, it doesn’t make any
    difference.”

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