Times Standard (Eureka)

COVID brings a needed change to the legal profession

- H. Dennis Beaver Dennis Beaver practices law in Bakersfiel­d and welcomes comments and questions from readers, which may be faxed to 661-323-7993, or emailed to Lagombeave­r1@gmail.com. And be sure to visit dennisbeav­er.com.

Anyone who has been involved in a lawsuit — either as a plaintiff or defendant — knows the time and expense involved in taking deposition­s of witnesses. Typically, in a lawyer’s office, the parties and witness in a case are asked, under oath, to tell what they know or have seen. Their testimony is transcribe­d by a certified shorthand reporter and put in booklet form for later use in court.

Some “depos” are video recorded, which can add well over $1,000 to the process, not to mention the anxiety of another stranger in the room with a large camera aimed at the deponent.

Deposition­s are an important fact-finding element of litigation and help cases to settle. But they can be a real hassle: having to drive long distances, fighting traffic, and running up attorney fees even before the depo begins. And then there are the certified shorthand reporter’s charges which typically run from $1,000 to $2,000 per depo.

So, wouldn’t it be nice if there was an easier way of attending a deposition? It would be even nicer if a lawyer could file a lawsuit and take deposition with the understand­ing that if the case were lost, nothing would be owed to the agency that provided the shorthand reporter, that person being paid by the agency itself.

Well, in large part because of the COVID-19 pandemic, all of that now exists with Los Angelesbas­ed Steno.

Thank COVID

One of the benefits that has come out of COVIDcause­d lockdowns is a new way of taking a deposition where the parties, witnesses and lawyers don’t have to go anywhere. With Steno, a deposition can be taken right from your home.

I sat down attorney Dylan Ruga, one of the co-founders of Steno, and from videos I have seen, they might have changed the way deposition­s will be taken long after COVID is but a bad memory.

Non-recourse and remote

“From my own contingenc­y-based law firm, I realized the huge expense of advancing the costs of litigation, in particular, writing a lot of checks to court reporting agencies. So, even with a good case I had to weigh the cost of that depo against the benefits of the case — if we won, or if we lost.

“I looked around for a court reporter agency that would defer payment until the case settled, and on a non-recourse basis. If I lost, I would not have to pay the agency that sent the stenograph­er; the agency would absorb the loss. But if I won, I would pay a higher rate to compensate them for the risk of my losing.

“Such an agency did not exist. That became the original concept of Steno which we launched in January of 2019. We grew until March of 2020 when COVID came along and it was clear that remote deposition­s would become tremendous­ly important. As Skype or Zoom were not suitable for deposition­s, we developed the remote functional­ity that lawyers need when they are used in arbitratio­n or court hearings.”

How it works

Co-Founder, attorney

Owili Eison explained how Steno works;

“An attorney contacts the Steno concierge and provides the date, time, location and parties who will be deposed. Our concierge sends an email notice to all interested parties, asking if they need any technology, such as a 4G iPad, microphone, an interprete­r, etc. Exhibits are provided to the concierge who then makes them visually available during the depo.”

Another interestin­g feature of Steno is the stenograph­er:

“Remote depos have been around for a long time, but the stenograph­er had to be in the room with the witnesses. But in March of 2020 we developed a platform where everyone was remote, including the stenograph­er, saving a great deal of time and money.”

Of course it could be a little scary being told to set up your computer and webcam for a depo without a little hand-holding. Steno has that covered as well, as Eison explained:

“We send people out to help set it up and if they are embarrasse­d by their background, we will put up a nicely colored backdrop. Need a Wi-Fi hot spot? We will provide it.

“We have a dry run, set up the internet connection, show the attorneys how to display exhibits on the screen, and test the audio and video quality with a moderator who is present during the depo. This minimizes technical difficulti­es.”

Today Steno is working with over 200 Law Firms in California and is in the process of rolling out their service nationally. COVID paralyzed the legal profession, and it seems clear this startup is a major, positive disruptor of the way things have been done for ever.

Their website is Steno. com.

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 ?? KEVIN SIERS — THE CHARLOTTE OBSERVER, NORTH CAROLINA ??
KEVIN SIERS — THE CHARLOTTE OBSERVER, NORTH CAROLINA

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