Using Video at Trial: Consider the Risks

Thinking about using video at trial? In an article at Law Technology News, James McKenna and Jo Haraf remind their readers why "Video Can Be Risky Business"--

• The audio might be bad;
• The lighting might be wrong;
• The jury might not be able to see the video;
• The camera angle might be confusing;
• The speaker's mannerisms might not convey the message you are intending to convey;
• The playback might go wrong.

It's a parade of horribles, certainly, but you should be well aware of what you're getting yourself into before you use video at your next trial.

Comments

[Brandon Bass]

Most of the technological dangers at the recording phase can be minimized by hiring someone who knows what they're doing and has good equipment to do it with. Most of the dangers in the playback at trial phase are at least equally present with live testimony - the speaker's mannerisms, or problems with the jury missing a key phrase, for example. If a picture's worth a thousand words, then a video is worth about $60,000 a second.