Prior to the pandemic, lawyers typically only needed to remind the deposed to wear business casual attire for a deposition, said Gino Brogdon Jr., a trial attorney at Miles Mediation & Arbitration and co-founder of dispute resolution platform Fourth Party. Now, as the legal industry embraces remote and hybrid depositions, attorneys must confirm a witness’ tech capabilities and ensure distracting background images—such as a Confederate flag—don’t compromise their client’s credibility.

“You get into a deposition and your client gets on and they have a huge Confederate flag behind them, that happens all the time,” said Georgia-based Brogdon. “It is something attorneys have to think about if they allow their client to Zoom [in during proceedings].”

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