From a Videographer's Perspective
by Jim Leonard

In many ways a court reporter and a video operator work as a team. The goal of this team is to get the best possible record for an official written transcript and for the jury, the highest quality audio and video. But this is a team which has probably not had much team practice and, in fact, may have only met a few minutes before the start of the deposition! What can each of these team members bring to the meeting that will help ensure the goal is met? There are several things each can do.

The videographer can do many things which help the court reporter:

  1. Arrive early enough to the deposition to arrange the room for optimum use. This is done by balancing several factors, such as the need for the reporter to hear the witness and attorneys, to get the best lighting, to minimize background sound, and to not block room traffic flow. A good video operator can assess the room quickly to get a layout in his mind. He should set up and test his equipment before anyone else arrives so he can solve any last-minute problems.

  2. Have adequate equipment, including extra extension power cords and gaffer tape that might be needed by the reporter, and provide headphones to the court reporter to monitor the microphones, if desired.

  3. Take charge of videotaping by calling time as you go on and off the record and by going off the record only when there is no objection.

  4. Check to see if the video camera and the reporter times match before going on the record to increase accuracy.

  5. Provide audiotape to the court reporter immediately after the deposition to facilitate the court reporter’s transcription.

  6. Finally, a good video operator has professional demeanor and procedure at all times. That means he dresses well and tries to draw as little attention as possible. He is pleasant without being too chatty. The video operator is there to record, not to participate in the discussions.

What can the court reporter do to help the videographer? There are several areas in video recording that many clients do not fully understand which greatly impact the final product. The court reporter can encourage the clients to follow these simple guidelines to ensure that the videotape will meet expectations.

  1. Encourage all participants to wear a microphone. Sometimes, opposing attorneys will not want to do this because they probably don’t want the deposition videotaped. Good video operators want the best possible sound without background noise, such as a loud air conditioner. If the mike is resting on the table, the operator is forced to turn it up in order to be able to hear well, which also increases the background noise. No one wants to listen to three hours of air conditioner hum! I think some attorneys know this and use it to deliberately try to ruin the video. They will dismiss any suggestion from the cameraman to put on the microphones. However, I have seen these same attorneys agree to put on the mike if the court reporter also suggests it would be helpful to her to clip the microphone. This works about 9 out of 10 times. If the attorney still refuses to put the mike on, the videographer is forced to keep the mike turned on, but at a low level, attempting to keep the background noise out. The videographer is then required to strictly monitor the mike volume. This is not ideal. The attorney’s input may still be much lower than that of the rest of the attorneys in the room, and this does not come across favorably in the final tape.

  2. Should the discussion turn to the “lights,” it is helpful for the reporter to support their use. Some reporters have helped by saying things like “It will make the witness look better and younger.” The light does this by filling the shadows around witnesses’ eyes and filling any wrinkles. Most people think the additional light is for increasing the quantity of light, but it is really for improving the quality of the light that is already on the subject. Video, by its nature, increases the darkness of shadows. Overhead light creates shadows in the eyes and everyone ends up looking like a mass murderer! The additional light does not eliminate this shadow, but fills it in enough to accomplish a more natural appearance. Again, this additional light will help ensure that the final videotape meets the client’s expectation.

By working together, the videographer and the court reporter can create the best possible record of the deposition and keep their clients happy.

Jim Leonard, CLVS, is the owner of Professional Video and has been doing legal video for over 18 years.
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