Frequently Asked Questions
During the Deposition
What do I need during the deposition?
How do we view the documents?
Can I prevent everyone from seeing all my documents or notes?
How do I mark exhibits?
Will the Court Reporter be able to see the document exhibits?
How does the witness mark up an exhibit?
How do the deposition participants get a copy of the exhibits?
How can Opposing Counsel ask questions with my documents?
Does the product include voice recording or transcription?
Does the product work for trials or arbitrations?
How do I handle Opposing Counsel Objections?
Is this solution better than paper?
Once you have logged in and created a case you can upload any document to the system through our simple interface. If you have documents in a case management system such as Concordance or Summation then simply export the documents you want into a folder and then upload that folder into AgileLaw. If you use Clio, importing requires just a couple clicks!
We currently support TIFF, PNG, JPG, and PDF. We soon will be adding other formats including the standard Microsoft Office formats.
Our system allows you to search, tag, annotate, rename, and organize the documents. We give you the flexibility to prepare in whatever method works best for you. You can highlight and put your own notes on a document that will be invisible to the other participants during the deposition.
Data is transmitted and stored using 256-bit encryption, which is the same standard used by major financial institutions and HIPAA compliant systems. Documents are also encrypted with 256-bit AES encryption on our servers so even someone with unauthorized access cannot view any data. (This encryption algorithm is approved by the NSA for top secret information). In addition, AgileLaw’s own employees have no ability to see your documents. Please read our section on Security for more information.
Before the deposition, the deposing counsel gives out a private PIN to each participant. No one can join without the PIN. During the deposition, the deposing counsel can see each participant and allow or deny them access. An unauthorized person who has obtained the private PIN cannot join without permission from the deposing counsel.
During the Deposition
You need power (battery or plug), a device (either a laptop or a tablet) for each participant who wants to view documents, and an internet connection for the devices.
The deposing lawyer manages the deposition using the laptop‘s web browser. The other participants – opposing counsel, witness, court reporter, other observers – may join the deposition with a laptop or tablet.
AgileLaw’s software allows the deposing lawyer to reveal only documents the lawyer wants to reveal when the lawyer wants to reveal them. The other participants cannot see documents you choose not to reveal and they cannot see your notes. The workflow is identical to that in paper depositions.
The deposing counsel can mark any document as an exhibit in our software. Simply click Mark Exhibit for any document that has been revealed during the deposition. Once the document is marked as an exhibit, it receives an exhibit stamp on the first page. All digital copies of that exhibit have the stamp embedded as part of the graphic on the file. Printed copies of marked exhibits look identical to paper exhibits with an exhibit sticker.
The court reporter is simply a participant in the deposition. The reporter can join the deposition and get copies with the exhibit stickers like anyone else. If the reporter needs a paper copy of the exhibits to add to the transcript then the reporter can simply print those documents.
Our system makes it simple for the witness to edit an exhibit. They can use their finger to draw and mark up the exhibit. When the witness is finished both the marked up and the original, unedited version of the document are saved as exhibits.
All participants in the deposition receive an email with a link after the deposition is concluded that allows them to download PDFs of each exhibit. The download is secured by a PIN that is only shown to the approved deposition participants.
If you have revealed a document during the deposition then it is visible to all the deposition participants, including opposing counsel. That lawyer can direct the witness to any of those documents and ask questions.
No. This solution is for exhibits only.
The product is designed for the workflow of a deposition, but it can be adapted to work for arbitrations. Contact us for more information. It will not work for jury trials presently. We plan to add functionality in the future that tailors the workflow to trials and arbitrations.
AgileLaw is not in the business of giving legal advice so any decisions on how to handle the objection should ultimately be left to the lawyer. We do have some friendly suggestions, however. First, ensure there are no local rules prohibiting the use of electronic exhibits. If there is no rule prohibiting it then you should be able to do what you want. It is your deposition so conduct it as you see fit. Approach it the same way as if opposing counsel were objecting to a video deposition. Second, with the volume of e-discovery and scanned or electronic documents used in litigation it is unlikely that paperless depositions would receive much push back from a court. Third, you can bring a single paper copy or print the exhibits you reveal on-site. Fourth, you can point out the many benefits of the software including cost and time savings for all the parties. Finally, the technology is secure and designed to ensure that all participants receive identical copies. Unlike paper there’s no risk that one of the participants gets a copy of an exhibit that is missing pages or is otherwise different from all the other exhibits. If you have further advice on this topic please share it with us!
Of course. Here is a short list: Save all your copy costs and shipping costs; search all your documents instantly; sync your view to the witness’s view and sync the witness’s view to yours – meaning you can literally “get on the same page” in no time; ensure everyone gets identical copies of all exhibits immediately after the deposition; easily conduct remote depositions without shipping all your exhibits ahead of time for the witness to prepare; add last minute documents with a simple upload – no more last-minute scrambles to make copies of a forgotten document; the list goes on…
The deposing lawyer can conduct the deposition from a computer with most modern web browsers (Chrome, Safari, Firefox, or Internet Explorer 10+). All other participants join the deposition with an iPad (any generation), an Android tablet (requires v4.2 of the OS, a.k.a. Jelly Bean), or their laptop.
If you can do it with paper then you can do it with our software. If you have a specific question or feature request that is not covered in our FAQ please contact us and we will respond shortly.
See our pricing page for more details.