I
recently
had
my
first
in-person
deposition
in
nearly
three
years.
Although
I
have
participated
in
dozens
of
depositions
since
the
COVID-19
pandemic
began,
they
have
all
occurred
virtually
so
that
people
could
socially
distance.
I
recently
had
an
adversary
insist
that
depositions
in
a
case
occur
in
person.
Although
I
was
hesitant
at
first
to
hold
in-person
depositions
—
they
can
sometimes
be
a
bigger
hassle
than
virtual
depositions
—
there
are
some
benefits
to
in-person
depositions
that
can
be
difficult
to
replace
with
virtual
depositions.
Viewing
Documents
It
is
common
during
depositions
for
parties
to
show
deponents
documents
and
for
everyone
at
the
proceeding
to
refer
to
documents
in
their
questioning.
This
can
include
pictures,
contracts,
and
really
anything
that
has
already
been
produced
during
discovery.
It
can
sometimes
be
difficult
to
show
witnesses
documents
during
virtual
depositions.
Sure,
it
is
easy
enough
to
throw
a
document
on
the
screen
during
a
virtual
deposition
and
have
people
refer
to
it.
However,
there
are
typically
issues
associated
with
viewing
the
document
during
a
virtual
deposition.
Sometimes
the
document
needs
to
be
blown
up
so
that
smaller
text
can
be
seen.
Sometimes
the
person
reading
the
document
and
the
person
who
can
scroll
through
the
document
are
different
and
this
can
create
issues.
At
an
in-person
deposition,
it
is
much
easier
to
refer
to
documents.
Attorneys
can
just
print
out
the
materials
and
make
sure
that
the
deponent,
the
lawyers,
and
the
court
reporter
all
have
documents
that
shall
be
referenced
during
a
deposition.
Moreover,
it
might
be
easier
for
court
reporters
to
mark
exhibits
that
are
physically
presented
to
them
at
an
in-person
deposition
than
during
a
virtual
deposition.
Of
course,
not
all
depositions
rely
on
documents,
and
some
cases
will
mostly
be
testimony
driven
rather
than
document
driven.
Nevertheless,
if
attorneys
need
to
refer
to
a
multitude
of
documents
during
a
deposition,
it
might
make
sense
to
schedule
an
in-person
deposition.
Building
Rapport
With
Counsel
One
of
the
benefits
of
having
depositions
and
court
proceedings
in
person
is
that
this
makes
it
easier
for
counsel
to
build
rapport
with
one
another.
It
is
important
that
lawyers
develop
trust
and
understanding
among
themselves
over
the
life
of
a
case.
Counsel
often
need
favors
in
order
to
obtain
the
best
outcome
for
their
clients,
and
rapport
is
very
important
to
negotiating
an
amicable
conclusion
to
a
case.
Since
most
cases
end
in
a
negotiated
settlement
without
the
involvement
of
court
officers,
this
is
a
very
important
part
of
a
lawyer’s
job.
It
is
very
difficult
to
build
such
rapport
virtually.
Sure,
rapport
can
be
built
from
phone
conversations,
Zoom
conversations,
and
the
like,
but
there
is
nothing
quite
like
meeting
someone
in
person.
In
addition,
when
lawyers
meet
each
other
in
person,
it
is
much
easier
to
talk
about
things
that
might
not
be
directly
associated
with
what
they
are
handling
in
a
given
moment.
For
instance,
an
in-person
deposition
can
be
the
perfect
situation
to
discuss
issues
that
might
arise
later
in
a
case
or
case
resolution.
These
impromptu
conversations
can
be
critical
to
a
case,
and
they
are
much
easier
to
have
during
in
person
depositions.
Less
Foolishness
I
have
heard
some
horror
stories
of
craziness
that
is
easier
to
occur
at
virtual
depositions
than
during
in-person
depositions.
For
instance,
I
have
a
friend
who
handles
a
mass
torts
matters.
In
a
specific
mass
tort,
it
is
very
important
that
deponents
mention
the
name
of
companies
and
their
products
that
they
believe
they
handled
during
the
course
of
their
careers.
Often,
merely
mentioning
these
companies
is
enough
to
secure
liability
for
these
companies
in
the
case.
I
have
heard
anecdotally
that
in
some
virtual
depositions,
it
seemed
obvious
that
the
deponent
was
reading
the
names
of
companies
of
a
list
that
was
in
front
of
the
deponent.
During
an
in-person
deposition,
it
would
be
easy
to
see
what
the
deponent
was
referring
to
at
the
examination,
but
during
virtual
depositions,
this
is
much
harder
to
do.
Moreover,
impermissible
coaching
and
the
like
is
much
easier
during
virtual
depositions
when
a
lawyer
is
off
screen
and
can
make
suggestions
to
their
client.
In-person
depositions
can
keep
everyone
honest
and
make
it
much
more
difficult
for
counsel
and
clients
to
commit
some
kind
of
hanky-panky
during
a
deposition.
All
told,
it
is
going
to
be
difficult
for
lawyers
and
clients
to
give
up
the
ease
and
convenience
of
virtual
depositions
for
in-person
examinations.
However,
in
many
instances,
in-person
depositions
can
have
a
multitude
of
benefits.
Jordan
Rothman
is
a
partner
of
The
Rothman
Law
Firm,
a
full-service
New
York
and
New
Jersey
law
firm.
He
is
also
the
founder
of
Student
Debt
Diaries,
a
website
discussing
how
he
paid
off
his
student
loans.
You
can
reach
Jordan
through
email
at
jordan@rothmanlawyer.com.