Instructive piece on the compromising nature of meetings, now that virtual has become ubiquitous in the wake of COVID-19.

Although targeted to legal depositions, the following have almost universal application. “Since depositions have moved online,” one paragraph began, “we’ve also witnessed a steady decline in general respect for what a deposition actually is.

We have seen a witness smoking a cigarette while providing testimony, another witness appearing shirtless from bed, one witness answering questions while driving his semi-truck for work (cue an accident?), ….

Simply because technology enables participation from almost anywhere does not mean it should be encouraged.

Failing to address the location and environment with your witness often results in witnesses connecting from unusual or even public places. We have seen witnesses participate in depositions while serving customers at work, walking down a noisy street, working out on a treadmill, and even riding a crowded city bus.

Those types of environments not only disrupt the flow of a deposition, but they make it nearly impossible for witnesses to bring their ‘A-game,’ as the chance of distraction is ever present ….

Pre-pandemic, witnesses would only be put on a calendar for a date/time that they were free to come sit in an office. Similarly, a virtual deposition should only be scheduled for a time when the witness can be in a quiet space, free from distractions ….

Reference “Virtual deposition fails: ‘Can I smoke?'” by Courtney Collins, April 1, 2021, Washtenaw County Legal News.