The litigation-video “toolbox” has a variety of powerful tools available to lawyers. Top attorneys know what is available and when to use each one for maximum effect. Attorney (and mediator) John Kennedy, of Kennedy, Johnson, Schwab & Roberge recently planned a triangulated video offensive in an attempt to bring about a successful outcome for a client who was injured when she slipped on ice in a parking garage.

The ambitious video plan included a three pronged legal-video attack.

1-Use video to prove that the location in question was defective as claimed. According to Kennedy, “One issue was liability, and we used video to demonstrate how the garage leaked because it wasn’t constructed properly, when it rained.”

“we used video to demonstrate how the garage leaked because it wasn’t constructed properly”

2-Use video to convey the lack of credibility displayed by the defendant. Kennedy, “We used video to depose the defendant, and he was not a good witness on video. It wasn’t so much what he said, but the way he acted on video.” In this way the video deposition did what the written transcript never could have accomplished.

“In this way the video deposition did what the written transcript never could have accomplished.”

3-Use video to maximize the damages value of the case. According to Kennedy, “We did a day-in-the-life film which demonstrated the significant injuries and disabilities that our client had.” This powerful legal documentary illustrated the plaintiff’s challenges with compelling scenes from her daily routine.

“Video to maximize the damages value of the case.”

According to Kennedy, his three-pronged legal-video strategy produced the results he was aiming for. “We went to mediation and we sent the judge clips of the video deposition. We sent the judge clips of the garage, the premises. And we sent the judge the day-in-the-life film. And I’ll never forget the first thing that judge said was, ‘This defendant’s never gonna be believed, after seeing the video deposition.’ He was very impressed by the disabilities of our client, and by the video presentation. Those three clips essentially gave him the entire case, and what he needed to know.”

“Those three clips essentially gave him the entire case, and what he needed to know.”

Video has repeatedly proven itself to be an effective tool in litigation, and got the job done in this case, but what about the expense? Attorney Kennedy addressed this, “I’m a believer that the video presentation of your client’s injuries generates dollars. It generates dollars because the defendant is now seeing what the jury is going to see. The claims people are seeing what the jury is going to see. And they’re visual people – they need to see what’s what’s gonna be presented at trial. So I think it’s money well-spent. In fact money you have to spend.”

 “the video presentation of your client’s injuries generates dollars.”

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