GALAXIE LEGAL VIDEO SPECIALISTS
SPECIAL REPORT:  The State of Legal Video Today

SPECIAL REPORT:

THE STATE OF
LEGAL VIDEOGRAPHY
IN TODAY'S COURTS!



"Don't try a case without it!"

Article Contents:

    1.   VIDEO EVIDENCE -- NO SUBSTITUTE!

    2.   VIDEO DEPOSITIONS

    3.   MEDIATION DOCUMENTARIES

    4.   ACTIVITIES-OF-DAILY-LIVING VIDEOS

    5.   COMPUTER GENERATED RE-CREATIONS

    6.   VIDEO WILLS & PRE-NUPTIAL SIGNINGS

    7.   LEGAL VIDEO FOR EVERY ATTORNEY

    8.   PRE-CONSTRUCTION SURVEYS

    9.   CONSTRUCTION-DRAW VIDEOS

    10.  POST-CONSTRUCTION VERIFICATION

    11.  COURTROOM PRESENTATIONS

    12.  COST EFFECTIVE

    13.  PROFESSIONAL LEGAL VIDEOGRAPHY

    14.  EXPERTS IN OUR PROFESSION

    15.  ASSISTING THE COURT REPORTER

    16.  DIGITALLY ARCHIVING YOUR OLD TAPES

    17.  IT MAY "GO ALL THE WAY"

    18.  WHEN IT COMES TO COST

1.  VIDEO EVIDENCE --
THERE IS NO SUBSTITUTE!

     The old saying that “a picture is worth a thousand words” is more truth than poetry.  The juries that are presented with properly prepared video evidence will stay alert and will remember far more information than those who simply hear the words without having the advantage of the corresponding visual aid that should have accompanied it. 

     Videography to the legal professional is like a copy machine to a busy office.  

     The legal profession has arrived at the point where it cannot successfully survive without it.  With the courts continuing to be backed-up with civil cases from six to sixty months across the nation, they are looking for every technique possible that will speed the litigating process. 

     "The video recording of depositions only" is what many trial attorneys feel is what legal videography is all about.  And it is not uncommon to find attorneys in this day and age refusing to take testimony at a deposition without having it video recorded.  

     But by time you finish reading this extensive report on legal videography, you will discover that depositions are just the beginning of what the professional legal videographer has to offer!

 

2.  VIDEO DEPOSITIONS

     During the discovery phase of a case, taking depositions has long been one of the methods that attorneys have used for securing information to speed the litigating process.  

     Now, with the advent of videography during the deposition, the attorney can show to "the triers of fact" the deponent's facial expressions, mannerisms, and  hesitations -- in other words, the deponent's body language -- all in a way that a type-written transcript cannot show.  

     And having the videographer neutrally edit the original recording in post-production can eliminate many hours of irrelevant chatter from your courtroom playback.  Thus, your presentation becomes more concise and to the point.

     More importantly, the video documentaries that are now regularly produced for the courtroom are also being effectively used during mediation, arbitration, and other pre-trial attempts to settle cases out of court. 

     All video evidence of testimony-under-oath is controlled by the approved rules in our nation’s Federal, State, Appellate, and District courts.  It is important for the attorney to know just what will or will not be admissible.  And as you already know, what ultimately will be admitted during a trial, in any specific court, is up to the discretion of the Judge.   

     The videographers at GALAXIE LEGAL VIDEO have been trained and awarded the rating of CCVS -- Certified Court Video Specialists -- by the AMERICAN GUILD OF COURT VIDEOGRAPHERS.  

     The A.G.C.V. is the nation’s largest association of professional videographers who specialize in legal video.  The guild only accepts professional videographers into its membership, and these members are trained in all aspects of legal videography.  

     During his training, the member especially makes a study of the appropriate Federal Rules of Civil Procedure and Federal Rules of Evidence.  Therefore, upon receiving certification, the videographer is knowledgeable of the rules governing the production of admissible video evidence.   

     Once trained by the A.G.C.V., the guild-member has become more than just a legal videographer, he has become an expert consultant to the legal profession in the production of visual evidence for the courts -- evidence that is effective, compelling, and convincing.  

     This is what we provide at GALAXIE LEGAL VIDEO.

 

3.  MEDIATION DOCUMENTARIES

     We are hearing more and more of new and creative methods on how videography is being effectively used in the litigating process.  

     With 95% of all civil law suits never making it into court, the “Mediation Documentary” (commonly referred to as a Video Settlement Brochure) has become the most effective method of conveying the plaintiff’s story to the opposing party.  

     It can contain visual information (evidence) that would otherwise not be permitted to be shown in court.  And because there are no rules regarding the content of a video mediation documentary, it can be very convincing in bringing about a successful early settlement during pre-trial negotiations -- above and beyond any other method now being used -- with the accompanying early payout for the attorneys!

 

4.  ACTIVITIES OF DAILY LIVING VIDEOS (Previously called “A Day-In-The-Life”)

     It has been well-established that a professionally prepared video document -- showing how a person’s life has been inextricably altered by an unexpected, unfortunate and preventable incident -- has proven to be far more effective than the actual live testimony given by the victim sitting in the witness stand.

     Seven-figure settlements are not uncommon when these video documents (ADL's) are presented to "the triers of fact" at just the right time.  Remember, the viewers will only remember 20% of what they hear -- but they will remember 80% of what they see!

     Rarely will a jury and judge be able to appreciate what the plaintiff has had to suffer-through in rehabilitating himself after a catastrophic incident -- an incident that has destroyed, not only his present life, but also his  future -- without the advantage of seeing it with their own eyes.  

     But they certainly can appreciate the suffering when it's presented to them in Wide-Screen, Living Color , and High-Definition -- carefully prepared to ensure its admissibility.

     And this is especially true when the case involves a burn victim or a victim who has lost a limb or his sight.

 

5.  COMPUTER GENERATED RE-ENACTMENTS OR SIMULATIONS

     One of the most important uses of video is not limited to just “real life” situations.  

     With the advent of effective computer generated animation, the trial attorney can now present a “true to life” re-enactment of an incident which otherwise would not have been available during trial.  

     These re-enactments have become so “real” that some judges are having second thoughts about allowing them to even be shown in court.  They contend that a juror may interpret the simulation as representing exactly what happened rather than interpreting it as a depiction of what someone was told happened.  

     But again, these state-of-the-art methods can be used very effectively during pre-trial hearings and many-times will lead to early settlements. 

 

6.  THE WILL EXECUTION CEREMONY AND PRE-NUPTIAL AGREEMENT SIGNING

     An area for legal videography which is becoming far more popular with the estate planning attorneys is the video recording of the “Will Execution Ceremony.”  

     Showing a video recording of the ceremony will answer one of the most important questions that leads to litigation concerning the validity of a will:  the questionable “mental” capabilities of the testator or testatrix when the last will and testament was executed.  This problem is eliminated when the holder of the estate is shown reading his own will.  

     The properly trained legal videographer can assist in the correct method of recording the event so as to remove any doubts as to the validity of the document as read and signed by the testator/testatrix.  

     And the same video methods that are used during the will execution ceremony are equally effective when video-recording the signing of a Pre-Nuptial or Post-Nuptial Agreement.

 

7.  LEGAL VIDEO FOR EVERY ATTORNEY

     Video has historically been mostly used by trial attorneys.  However, it can be effectively used by attorneys in almost every phase of law.  One such example was just mentioned above with the estate planning attorney.

     Another area, now being used more and more, is the video recording of major construction projects -- which inevitably end up in court for one reason or another.

     These video recordings are now being used for pre-construction documentation, video documentation during the construction itself, and many times as post-construction video documentaries showing faulty materials and/or workmanship.  

 

8.  PRE-CONSTRUCTION SURVEYS

     Here is where an ounce of prevention can save pounds of grief later.

     The astute corporate attorney should suggest that the developer or general contractor (whether the project is private or is federal, state or local-government funded) have a “Pre-Construction” Video Recording made of the surrounding area where major construction will take place.  The purpose of this, of course, is to establish the conditions of the properties prior to the time that the first piece of equipment arrives on site. 

     This can save the developer or the tax-payer from paying thousands of dollars in false claims of damages due to construction.  

 

9.  CONSTRUCTION-DRAW VIDEOS

     When it comes to video recording during construction, a  "Construction-Draw Video" allows the one funding the project to verify exactly what work has been completed and what materials are on sight -- well before they cut the payment check for the work claimed by the contractor on their request.   

     In the past, it has been common for the lender or financer to have Polaroid pictures taken to back-up the draw request.  But Polaroids have proven to be misleading and sometimes fraudulent in the past -- subjecting the lender to substantial losses.  

     With a Construction-Draw Video, the builder or construction superintendent can appear on camera during the recording  to explain what the bank is seeing.  Thus, he is not apt to offer the inspector a "special favor", as the rolling camera -- recording picture, sound, date, and time -- is apt to be trained directly on him.

     In addition, Construction Draw Videos can be used as training videos for teaching the bank inspector what to look for when at the construction site.  

10.  POST-CONSTRUCTION VERIFICATION

     Post-Construction Videos have been especially effective in showing defective materials and sub-standard work before the final payments are issued at the completion of a project.  

     It is best way that the problems at a remote location can be directly brought into a courtroom for the triers-of-fact to see!  And it is far more cost-effective than taking the jury out to the location.  

 

11.  COURTROOM PRESENTATIONS

     Another important application of legal videography is when video of "the scene of an incident" is projected in the court room onto a big screen for all to see.  As suggested before, this obviates the inconvenience of  physically having to transport the jury to the actual location.  

     In the past, attorneys have circulated actual photographic prints through the jury -- which, many times, is worse than presenting no picture at all.  This is because, as the photos are being passed from person to person, each juror is sequentially distracted from what is being presented in the court at the moment he's inspecting the image.  

     The distraction of the jury members during the trial by passing the evidence through the jury box is probably one of the greatest reasons so many trials end up with a hung jury.  The result, then, is a very expensive mistrial. 

 

12.  COST EFFECTIVE

     Tremendous savings of time and expense are made possible by video.  The attorney should never think of video as an added expense but, rather, as a cost-saving investment in the use of modern technology.  

     The video recording of expert witnesses explaining to the jury the extent of a person’s personal injuries and what the victim had to go through to try to reclaim normal use of their faculties has proven far more effective than having the plaintiff trying to tell the story himself on the witness stand.       

     The same equipment that is used to project the attorney’s PowerPoint during the trial can also be used to project the video evidence.  We find that many attorneys are now using their PowerPoint presentations and video evidence during opening statements, during the body of the trial, and during the closing statements.

     Our certified professional legal videographers are trained to assist you from the very first get-go to the final closing of the trial.  

13.  PROFESSIONAL LEGAL VIDEOGRAPHY

     Our certified legal videographers understand the “disinterested third party” role that they must play when taking testimony during a deposition.  

     Yet, at the same time, we also realize that GALAXIE LEGAL VIDEO can become "a vital member of your litigating team" when producing the remaining video documentaries and visual evidence that will be used prior to or during a trial.  

     When contracting with GALAXIE LEGAL VIDEO SPECIALISTS you may rest assured that you have found people who are fully-qualified in all aspects of legal videography.  And this goes way beyond just knowing how to operate audio/video equipment.  

     Having taken the "complete" training program from the AMERICAN GUILD OF COURT VIDEOGRAPHERS that results in their premium CCVS classification, we stand qualified to deliver the professional results you demand and deserve.  

     And we will stand with you, from the “conception to completion” of every case.

 

14.  EXPERTS IN OUR PROFESSION

     We see video products every day that very well could have been impeached and thrown out of court due to violations in the Federal, State, and District Court’s “Rules of Civil Procedure” and “Rules of Evidence.”  

     Even the very storage & delivery of video evidence, the required paperwork that accompanies the video evidence, and the proper video shooting techniques are all very important & strictly regulated.  

     Just because a person owns video equipment does not in any way imply that they are fully qualified in the legal arena.   

     As a matter of fact, we will go on to say, that if the videographer has not been properly trained in producing video evidence for the courts -- regardless of the number of years that he has been shooting legal video -- he more than likely is producing a product that could very well be thrown out as inadmissible.

     The reason that this doesn’t happen more often than it should is that the attorneys are depending -- and rightly so --  on the professional videographer to be the expert on the subject.   So, the legal videographer must know what is required.  And we, at GALAXIE LEGAL VIDEO SPECIALISTS, do.

     In the last few years, video equipment has taken a major turn for the better as the certified professional legal videographer is now producing legal videos on Digital Video Tape, DVDs, and BluRay Discs -- leaving the analog tape formats in the dust!  And what this is doing for the legal video profession is very exciting.  

     Just as all law firms have kept a VCR and monitor in their offices in the past, now they are equipping themselves with DVD players to be able to review video evidence in digital format.  

     And the Digital Optical Disc Formats (DVD and BD) also allow the attorney instant access to specific parts of the testimony when presenting the evidence in court -- doing so at a much higher image resolution than has been possible in the past.       

 

15.  ASSISTING THE COURT REPORTER

     When talking about equipment, we must not omit the fact that, for depositions, we also record the audio onto a separate audio-cassette tape.  This is done, gratis, as a courtesy to the stenographic court reporter if one is being used, allowing for a more word-perfect transcription.

     Another asset we bring is that our many of our videographers are also a Notary Public.  This simply means that  they can swear-in the deponent and take the testimony if, for one reason or another, a stenographic court reporter is not present.  

 

16.  DIGITALLY ARCHIVING YOUR OLD ANALOG RECORDINGS

     Many attorneys today have used video for a long time and have their older videos in storage on standard VHS video-cassettes.  

     Unfortunately, it has been reported that the average VHS video-tape has an life-expectancy of only 7 years.  And it is also a fact that the equipment manufacturers have now discontinued making VHS machines.  This means that, even if the tapes do last longer than 7 years, there soon may be no players around to show them on.  

     GALAXIE LEGAL VIDEO is fully capable of transferring your old VHS tapes to the new Archival-Grade DVD's.  And these DVD's have a life expectancy of 100 years.

                    "So please do not hesitate nor delay,
                              As the seconds tick by,
                                        your analog tapes decay!"

     The time to make the format-transition from your old VHS tapes to archival-grade Digital Discs is RIGHT NOW !

 

17.  IT MAY "GO ALL THE WAY”

     Finally, one of the reasons we go by the “Federal Rules” when asked to produce a video-recorded deposition is that the product we produce will then be accepted by any court in the land.  

     And this is very important as the attorney trying a case never knows ahead of time just how far up the judicial ladder the case will be appealed before it comes to a final resolution. 

 

18.  WHEN IT COMES TO COST

     The legal videographers certified by the AMERICAN GUILD OF COURT VIDEOGRAPHERS are usually the highest paid in the legal video profession.   And it goes without saying that they are worth every penny they receive.  

     By obtaining our CCVS certification from the A.G.C.V., we at GALAXIE LEGAL VIDEO SPECIALISTS have “gone the extra mile” to assure your receiving professional, admissible results -- produced with professional equipment in a professional manner.  

     For more information, contact Dave Gregory at  GalaxieLegalVideo@gmail.com  or phone us at the numbers below.   

     We will be happy to hear from you and will offer free initial consultation regarding your legal video needs.

CLICK HERE to go to
the Complete List of
our Legal Video Services.

contact:
DAVE GREGORY, CCVS
GALAXIE LEGAL VIDEO SPECIALISTS
Mobile Telephone:  1-818-915-DAVE
Home-Office Telephone:  1-818-362-6005
E-mail:  GalaxieLegalVideo@gmail.com

mailing address:
P.O. Box 922405
Sylmar, California   91392-2405



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Some of the statistical information contained in this report was provided courtesy of the American Guild of Court Videographers

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