Do you want to prepare clients better for trials or hearings, save time, and Increase your Income? The author says video conferencing can do all three.

  Have you ever paused after a phone conversation with your spouse or child at nine o'clock at night,, while still at the office, and thought, "There just aren't enough hours in the day to do what has to be done"? Think about it. Why are you still at the office nine o'clock at night? Why couldn't you do the required work during "normal" business hours?

  Usually, your answer is you were talking to clients on the phone or in your office. And that won't change very much if you want to besuccessful. What you can change is not repeating  the information you continually share with your clients. You can record it on video tape and be free during the day to do those things you would otherwise have been forced to do at night.

  There are three benefits to video conferencing:

·          It saves time,

•        It is a good way to transfer general information and prepare clients for    trials or hearings, and

•       It can dramatically increase your income.

  If clients can receive general information from a video tape rather than from you personally, you are in effect getting your wish that "Sometimes I wish I were two people." You are actually  in your office or in thecourtroom and, at the same time, "you" are talking to your client in your conference room, helping the client know what to expect in a personal injury or social security case. If "you"  have two video cassette recorders (VCRs), "you" may also be in a second place preparing a different client for another matter.  What better way could there be to divide and conquer?

     You may object to my suggestion that video conferencing is a good way to transfer general information to clients. But hear me out. Advertisers estimate that the average American watches eight hours of television each day. Therefore, clients are already programmed for this form of communication. Indeed, I was surprised when I learned that my clients actually appreciated my giving them a combination of video and office conferences when I began video conferences almost four years ago. They appreciated this approach for five reasons.

     First, with video conferences,clientsare less likely to forget what you said. They are encouraged to come back and watch the tape again if they need a refresher. Psychologists tell us that retention is seriously impaired unless the listener is relaxed and in a receptive mood. Some clients may be intimidated by your presence and will be unable to feel relaxed in your office even though you try your best to help them relax. Give clients a notepad and a pencil and encourage them to take notes during the video conference.

Second, clients appreciate the absence of outside interruptions during a video conference. The phone never interrupts their conference, and clients have the option of stopping the tape temporarily and then restarting it. At the end of the tape, clients can ask you questions if your are available or leave questions for you to answer dur­ing the next face-to-face conference.

Third, videotaping avoids the problem of clients thinking you are singling them out and charging exorbitant  fees or trying to embarrass them with your questions. If you always charge $200 an hour or a set percentage contingent fees, say that on the tape, and clients will know that they are being treated the same as other clients. Clients will be less^: embarrassed if they first hear about a delicate subject from a television set than from you personally. Your video conference for social security claimants, for example, can mention that most clients who have back problems are partially or totally impotent. But because they are embarrassed about it they  are  unwilling to admit it. You can then remind them that there is no better way for victims to convince factfinders of pain than to let them know they cannot experience some of the joys of life. This is just one example of many subjects that may be difficult to discuss with clients. Unfortunately,clients sometimes fail to discuss such subjects at all with their lawyers. Their cases are, therefore, greatly impaired. After being introduced to an awkward subject by video tape, clients may later at a personal conference be more willing to talk about, say, their impotence, knowing that the problem is common. Then you can frankly discuss other limitations they have had since the accident.

     Fourth, a video conference protection from the "blame game" some clients play. It greatly impedes the client's ability to say on the eve of trial, "If you would have just told me this, I could have helped you or told you about that witness.". Nothing takes the joy out of practicing law more than clients making you feel guilty for not having all the facts they never disclosed.

     Video conferencing also allows me to tell clients that I am an expert in the law - not the facts. The client usually knows the facts, and only when trust develops between the client and the lawyer is there an ideal blending of the facts with the law.

     I ask clients to write a detailed statement of their case and bring it to the office as soon as possible. Only then can I gather the necessary facts to flesh out the skeleton of their case. I tell them that for the purposes of their case, we are a partnership. I must know the law and advise them of it, and they must know the facts and advise me of them. Then, together, we can be a winning team.

This approach has eliminated the blame game. All of us, even the most successful lawyers, sometimes have losses. But it is heartening that since I introduced video conferencing, my few clients who have lost have told me that they know I did everything possible  for them and that they appreciated my efforts. Because of video conferencing, my clients have shouldered a fair share of the load, and there have not been as many surprises at trial.

Keep in mind that you can also mention on the video tape the statute of limitations for filing and other information that would protect you later in a negligence claim.

Instruct your secretary to put a memo in a client's file that the client watched the tape on a certain date. If a claim is filed against you, the judge or jury could see your tape as part of your representations to your client.

Fifth, your client will probably find your video presentation more thoughtful and interesting than a face-to-face conference. While preparing clients for a deposition or a hearing or helping them understand a procedural area of a workers' compensation claim, haven't you ever thought, "If I turned my mind off, my mouth would still keep going out of habit"?  Clients pick up on your boredom. And what about the frustration of being interrupted frequently by the telephone? Your client is just as frustrated as you are. When you video tape your conference, you can do it with a good attitude, knowing this conference will allow you many, many free hours in the future.

You can also prepare charts or models or overheads to accompany the tapes to sell your client on the value of your legal services and of your concern that they understand the complexities of their case. They will be impressed and will advertise your thoroughness to others. Often, lawyers forget that clients are fearful about the legal complexities in their cases.

Abraham Lincoln's statement, "A lawyer's time and advice are his stock in trade," appears in many lawyers' waiting rooms. Since you have saved some time by video conferencing, and your advice is recorded and played back on demand no matter where you happen to be, that translates to more "stock in trade." No matter how you cut it, this results in the third benefit of video conferencing: Your income is increased.

Buying Equipment

 What about the costs of VCRs and cameras and cassettes and trained personnel to record these conferences? Can you afford to invest from as little as $1,000 to as much as $3,500? Wouldn't your practice benefit greatly from the increased client "contact" without the pain of all those extra hours?

When I started video conferencing, I knew of no other lawyer using this approach. Yet as a solo practitioner who did a large-volume social securi­ty practice, I was forced to do something when the government began terminating more and more social security disability claimants. Why couldn't I escape the boredom of giving the same statement to seven or eight clients each day? Why not discuss general information about social security claims in a video conference?  Then after the conference on the general principles of a social security claim, the client comes to my office with a list of questions and I explain the specific issues of his case.

In shopping for the right equipment at video stores in several states, I finally decided that the best and cheapest way to buy quality equipment was to select what I wanted in a video retail outlet and then call all the discount houses advertised in my photography magazine for the best price.

I bought a television for the office conference room, a VCR, and a low­light video camera with remote control that automatically focused and sets the audio level. I am still using that equipment four years later, and it has had no major problems. That equipment and the additional VCRs that I have bought have paid for themselves many times over in increased fees based on successful outcomes in cases. Today you can buy even better and more advanced equipment for less money than I spent in 1982.

Preparing the Conference

Before you video tape your conference, write down the questions your clients typically ask. The publications that lawyers pass on to clients to help them prepare for trial, hearing, deposition, or the case in general are a good start. Put your presentation together in question-and-answer form.

Then pick an evening when no one else will be in the office to record. Set up the camera on a tripod and the television monitor and VCR in front of your desk. Focus the camera without including your desk in the frame so it is less obvious that you are using prompts or reading, and, when you read, remember to look at the camera from time to time.

You will not need anyone to tape your conference. If you must stop during the taping, just leave your desk and stop the camera. Before beginning again, rewind the tape to the point when you were last speaking. Some cameras have a fade-out and fade-in feature that helps hide the fact that no one is actually behind the camera. Or you can get a remote control for your camera. The conference should be as thorough as possible. Remember, the idea is to get as much general information as you can on the video tape so you will not have to repeat it when talking to clients face-to-face. Use charts, models, or overheads to keep interest high. Again, any good quality low-light camera will capture on tape a chart or a model that will help make your point.

    Do not worry if your video does not look professional. Chances are that your presentation will impress your clients with its thoroughness, and they will forgive your few mistakes. If you make a big mistake, however, stop the camera, rewind, and tape over the mistake just as you would if you were using office dicta­tion equipment.

Subjects

    How long should a tape be and what subjects should you discuss? Most of my video tapes last one to two hours. The only limitation on subject matter is your own imagination. Why not have a video conference for office personnel on office procedures and policies, for example?  My tapes include "How To Be a Good Witness," as well as general conferences on the areas of my law practice.

    In a video on "How To Be a Good Witness," you might begin by sharing with your audience your frustrations with past clients. Tell your audience that you want to do a better job of preparing them to be witnesses. Tell them that you appreciate their willingness to listen, and encourage them to take notes. Make them feel free to stop the machine any time to attend to anything that may distract their attention from the tape.

    Then tell them that, before the trial or hearing begins, they should go to the courtroom or hearing room or to the scene of the accident. Say that television programs are not a true guide to courtroom procedures and that they will be much more relaxed during testimony if, beforehand, they watch a trial or a hearing. Also they will be less apt to become confused about their facts if they go to the scene of the accident before testifying.

    Tell them about courtroom procedures and the importance of their appearance. Remind them that their claim or defense is serious business and a casual approach will not be beneficial to the outcome of the case even though they may feel the need to  "let off some steam." Tell them they can do that in your office or at home. I tell my clients to look at the judge, then the jury, and then myself, and if all are laughing during the course of the trial, then a smile is acceptable. I don't want the jury thinking that my client is a robot. Tell them not to memorize their testimony because it will come across as a script from an actor rather than the drama of a real-life situation.Remind them of "trick questions" and give examples. Tell them to listen before they leap and to explain their answers if necessary. Help them understand objections they may hear in the courtroom and how to stop when an objection is made and not try to "slip in" the answer.

Most important, remind them that you want to win the case with one touchstone in mind: "Tell the truth." Then if they are asked, "Did you discuss this case with your lawyer?" at the trial, they can answer simply and honestly, "Yes, and I was told to just tell the truth." Help them understand never to beat around the bush, but to answer each question directly and simply. Remind them, if they make a mistake as witnesses, to just admit the mistake and go on, and if they feel that an answer they give is not clear, to clarify it immediately. Tell them that the judge runs the court, and to follow his or her directions. At the same time, remind them to look at the jury or judge when answering any question. I usually have an understanding with my clients that when I say "Tell the judge ..." or "Tell the jury ..."that these words are to be a reminder to look at the judge or jury.

 Other Uses

You can also video tape the depositions of clients. The client takes the written deposition and checks its accuracy with the video film. At the same time, a client's distracting mannerisms will become obvious to him or her. Also, your investigator can use video tape when taking statements. This is not to mention the benefit of taping the signing of wills, especially when problems are anticipated. In all of these situations, the use of a video tape is much more effective than the use of an audio recording!

Frederick S. "Rick" Spencer practices in Mountain Home, Arkansas, specializing in personal injury, workers' compensation, and social security cases.