Author: Elizabeth Gallo

In these trying times, when law firms are being forced to readjust to at-home work, keeping on top of your caseload may seem impossible. Below are some resources you can leverage to keep your business moving. 

VIDEO CONFERENCE

Social distancing requirements have greatly hindered the communication and collaboration necessary for law firms to thrive. However, technology has evolved significantly in the last decade, and communicating while working remotely has become the easiest it has ever been with the use of video conferencing. Platforms like Zoom and WebEx allow attorneys to meet with co-workers and clients, attend trials, hearings, meetings, depositions, and examinations-under-oath all virtually. Many platforms have free accounts with robust features. 

ADVICE FROM THE GEORGIA BAR ASSOCIATION

The Georgia Bar has compiled a list of resources to help Georgia firms to continue operating during the COVID-19 crisis, found here:

https://www.gabar.org/covid-19_resources.cfm 

Among the resources are financial sources for small businesses, as well as the Ready.gov Pandemic Plan, which outlines health tips and links to coronavirus informational pages from FEMA, the CDC, and the EPA, as well as the government’s website for federal response, which is updated as new legislation is passed.

The Bar also includes a list of legal websites that specialize in such services as billing management, advice, educational materials, the use of VPNs for remote accessing to your work computer from anywhere, legal bulletins, talent networks, file sharing, tech support, and more. The comprehensive list is compiled by Robert Ambrogi, an attorney and legal writer. Robert lays out each resource in short, concise paragraphs and includes information on any deals and special offers for each site.

Some of the particularly noteworthy resources include: 

• The Senate, which is a free online platform that allows lawyers and other legal professionals to collaborate on the legal implications of issues, such as coronavirus.
• Time Miner, which tracks time spent emailing and calling in order to recover billable time.
• PandaDoc, which is a document-sharing and e-signature platform that is offering a free subscription plan for the duration of the COVID-19 crisis.

The list is certainly worth a look.

Here at EGCR, we are striving to give you and your firm resources to keep your caseload from backing up during COVID-19. We offer online depositions via video conference as an alternative to in-person depositions and will take care of all of the setup for you. Additionally, we are offering free training to anyone interested in trying out this method: click here to sign up. 

For more information on our remote legal services, please email [email protected] or call 404-389-1155.

Recent concern has been raised regarding the security of Zoom meetings with the onset of a new trend called “Zoombombing.” Never heard of it? Imagine photobombing, but through video conference. Possibly, with graphic content. The trend has gotten so much attention that Zoom’s CEO spoke out about the incidents on Good Morning America.  How can you keep your Zoom deposition private and secure? Below are some remote deposition security strategies to keep the hackers at bay.

PASSWORD PROTECTION

Zoom meetings are set up without a password by default. Zoombombers are taking advantage of this to gain access to private meetings. When you schedule your meeting, always set a unique password for the meeting. It will be included in the invitation you sent to the other attendees.

MEETING ROOM LOCKOUT

The hackers responsible for these attacks join meeting that are actively taking place and then screen share inappropriate content, causing disruptions and intruding on your private Zoom meeting. You can combat this by locking the Zoom meeting after all the party members have arrived. This will prevent any unwanted trolls from wreaking havoc during your deposition. The host simply needs to click “Manage Participants” in the meeting, and under the “More option” choose “Lock.”

HOSTING WITH EGCR

By hosting your remote deposition with
Elizabeth Gallo Court Reporting you are working with an experienced court reporting firm that is familiar with multiple videoconferencing platforms and can implement these security strategies for you to keep your online witness testimony private. If Zoom is your preferred platform, we can also implement additional privacy options, including breakout rooms so you and your client can convene in private during breaks and locking down the private chat feature so none of the parties can converse during take-down without the knowledge of the group.

NEED EVEN MORE SECURITY?

We offer several platform options for remote depositions. Contact us to find the best fit for your firm.

With the rise of depositions by video conferencing, a lot of attorneys may be wondering “What about the exhibits?” Just because you have exhibits doesn’t mean that you can’t take advantage of remote depositions. Here is some information on how you can conduct a remote deposition – with exhibits.

Video Conferencing – The Old Way

Remote depositions are hosted using video conference services. These services are great for sharing audio and video footage from participants in any location in a very easy and user-friendly way. In many ways it can feel like everyone is in the same room. However, the reality that each participant is many miles away become glaringly obvious the moment when you realize you want to share a document in front of you with the other participants. What can you do? You could try to email the document to the group for viewing. In our experience this creates a delay during the deposition while email addresses are confirmed, and while time is given to allow the participants to search their inboxes for the shared document. In desperate situations, we have heard of participants holding pages up to their cameras hoping that it will focus enough for the rest of the group to read. None of this makes for a smooth deposition, or a clean record. Our solution? Share documents digitally!

Digitally Sharing Exhibits

Most video conferencing services have native solutions for “screen sharing” during a video conference allowing participants to easily show their own screen to the rest of the group. This is how you can share exhibits during your deposition! To take advantage of these features, make sure that you have digital scans of all the exhibits you would like to use prior to your scheduled remote deposition. Once you’re ready to show your exhibit, use your video conference’s screen sharing feature to show all participants your document in a clear, readable form right there inside of your video conference software. When you are finished, simply disable the screen sharing feature to return to the normal video conferencing view. Using this method is easy and prevents interruptions to your proceedings.

Pro Tip: Open your document in full screen before connecting to your video conference so it will be the first thing everyone sees when you are ready to share.

Why Have Your Remote Deposition with EGCR?

All remote depositions conducted by Elizabeth Gallo Court Reporting have the above feature, and several others including:

• Preparation of a pre-marked, digital exhibit binder for use during your deposition
• Exhibit handling by a court reporter trained in remote depositions
• Ability of your reporter to mark exhibits in real time should plans change with the use of digital exhibit stamps complete with a date-stamp  (compliments of our international sister company Ancillary Legal Corporation)

Interested in scheduling a Remote Deposition, but feeling a little nervous? Ask about our free client training available to those who schedule a remote deposition with Elizabeth Gallo Court Reporting.

Be sure to take advantage of our  Remote Deposition Checklist  and our video tutorial.

An Indiana personal injury lawyer has been sanctioned $1,000 by a court of appeals for using the defendant-retailer’s photos to support his own client’s slip and fall case without having sufficient factual basis to do so.

The Appeals Court’s Decision

The 7th Circuit Court of Appeals, based in Chicago, Illinois, sanctioned the lawyer in a January 3rd order. The appeals court criticized the attorney’s weak argument supporting the claim that photos taken by defendant-retailer Walmart were from the day his client suffered an injury.

The appeals court suspected the evidence when it noticed the date stamp had been removed on one of two photos submitted by the lawyer in an appendix on appeal of the case. Both photos appeared to show the condition of the Walmart store’s floor. One photo was dated 11 days after the plaintiff allegedly slipped on a hanger and fell down. The plaintiff’s attorney claimed the photos showed debris on the floor the same day his client slipped and fell, and claimed that Walmart had actual or constructive notice of the dangerous condition in the store that caused the accident.

The appeals court issued an Order for Cause demanding the attorney explain why he should not be sanctioned for misrepresentation. The attorney responded that the date stamp on the photo disappeared when the photographs were scanned and reproduced by his office. The attorney further argued that the date was on Walmart’s mounting sheet, not a time stamp on the photograph itself, and defendant-retailer never argued the photographs were taken on a date later than when the accident occured. The attorney further maintained he had a good faith basis for claiming they were taken on the day of the accident because (1) the client said the photos reflected the condition of the site when the slip-and-fall happened and (2) Walmart turned over the photos in response to a discovery request.

Unpersuaded, the appeals court noted the attorney should have accepted responsibility for the missing date on the photograph instead of shifting the blame. The appeals court also found the attorney failed to perform due diligence regarding the evidence provided to the court. The appeals court further found the attorney did not have a sufficient basis to represent that the photo was taken the day of his client’s slip-and-fall accident.

Factors Considered in Imposing Sanctions

The American Bar Association’s (“ABA”) has Model Rules for Lawyer Disciplinary Enforcement, which are followed by many states across the nation. There are several factors to be considered when imposing sanctions after it has been determined that misconduct has occured on the part of a lawyer. These include:

• Whether the attorney has violated a duty owed to: (a) the client, (b) the public, (c) the legal system, or (d) the legal profession;
• Whether the attorney acted knowingly, negligently or intentionally;
• The amount of the potential or actual injury caused by the attorney’s misconduct; and
• The existence of any mitigating or aggravating factors.

No practicing attorney wants to face sanctions imposed by a court. Be sure to follow the Rules of Professional Responsibility at all times so that you are not facing the same fate as the Indiana lawyer.