How to Handle Remote Depositions in Your New Law Practice

Launching your own law practice - whether a solo practice or small business - requires mastering new technologies and adapting quickly to shifts in the legal profession. For those starting a new law firm, remote depositions are an increasingly common area of law and modern practice management. While these virtual tools offer cost and efficiency benefits, they also demand careful preparation.

Remote depositions aren't new to the legal profession, but the pandemic accelerated their use in nearly every practice area, from family law to complex commercial litigation. Today, managing these proceedings effectively is an essential skill for any law office, whether you're working from traditional office space or a virtual office.

Depositions: A Quick Overview

Depositions are sworn statements taken outside of court and recorded by a court reporter. Governed by Rules 30 and 31 of the Federal Rules of Civil Procedure (FRCP), depositions may occur in person or virtually. For any solo practitioner or small law firm navigating litigation, mastering this process is critical to building credibility with potential clients and referral networks.

A deponent must answer questions, even over objections, unless privileged information, privacy concerns, or existing court orders apply.

8 Tips for a Successful Remote Deposition

Whether you're working from your laptop in a home office or a rented virtual office, these tips will help ensure your next deposition runs smoothly.

1. Confirm Internet Connection Quality and Security

A solid internet connection is as essential to your law practice as a trust account or professional liability insurance. Using video conferencing technology demands bandwidth and security. If Wi-Fi from your internet provider is unreliable, use an ethernet connection—even if it means purchasing an adapter for a newer device.

Protect your law office by using password-protected networks and securing your video conference links with passwords.

2. Conduct a Test Run

Just as you’d prepare meticulously for an in-person deposition, your practice management should include testing links, software, and hardware in advance. This reduces the risk of wasting valuable time during your session and demonstrates professionalism to both clients and colleagues.

3. Minimize Distractions

Video and sound disruptions can undermine your credibility and the integrity of the proceeding. Close unrelated programs, silence notifications, and remind participants to do the same.

4. Maintain Professional Appearance and Background

Whether working remotely in your own law practice or within a larger law office, appearance still matters. Present your practice of law and your environment as if you were in a conference room, not your living room. While office sharing can be ok these days, make sure to limit interference and background noise.

5. Exchange Documents in Advance

Remote proceedings make handling documents more complex. As part of your business plan, establish procedures for exchanging exhibits and fee agreements well before the deposition date. Clear communication reduces confusion and preserves cash flow by minimizing wasted time.

6. Clarify Participant Locations

Remote proceedings may raise jurisdictional questions, especially regarding a lawyers trust account or compliance with state bar regulations. Ensure your deposition notices clarify participants' physical and virtual locations to comply with the FRCP and your bar association's rules.

7. Prevent Witness Coaching

Virtual environments can invite inappropriate behavior, from off-screen coaching to reliance on unauthorized materials. Safeguard your professional liability by recording sessions, asking participants to clear their workspaces, and reminding everyone of malpractice insurance implications for misconduct.

Consider real-time reporting services for additional security.

8. Prepare Virtual Exhibits

Whether handling family law or real estate matters or business disputes, organizing your exhibits in advance is a key aspect of effective practice management. Ensure your files are accessible, well-labeled, and easy to share.

Why Remote Depositions Matter for Your New Law Firm

For attorneys launching a startup firm or stepping into solo practice, these best practices not only safeguard your cases but also reinforce your reputation with clients and referral sources. Solid operational procedures around technology, from managing your operating account to handling legal research digitally, are part of building a resilient, modern business.

Learn More

NNBI offers CLE courses on practice management, social media ethics, and legal research for the modern attorney. If you’re ready to elevate your new or growing law practice—from setting up your business license and trust account to building your own business infrastructure—check out our latest legal education course: ChatGPT and Generative AI for Sola and Small Firms: The Ultimate Guide.

This blog post is for general informative purposes only and should not be construed as legal advice or a solicitation to provide legal services. You should consult with an attorney before you rely on this information. While we attempted to ensure accuracy, completeness and timeliness, we assume no responsibility for this post’s accuracy, completeness or timeliness.