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Video Hits

Technology advances are revolutionizing the videoconeference

By Jason Scott Alexander

More from CBA PracticeLink and National For more articles and tips on getting the most out of communication technology, check out the CBA PracticeLink supplement produced in coordination with the January/February 2008 issue of National. cba.org/practicelink/communication

Videoconferencing used to be a cumbersome and asset-intensive proposition plagued by choppy reception, blurred faces, stilted conversation and fixed-view screens. But now, thanks to a competitive marketplace and fast Internet technologies, not only have quality and ease of use greatly improved, but practical systems can be found that are within the range of well-financed corporate groups and smaller startup firms alike.

At the high end, companies are selling something called “telepresence.” Specially designed boardrooms stocked with multiple, large high-definition displays and surround-sound systems are configured to give the illusion that all participants are sitting around the same table.

Fasken Martineau DuMoulin LLP began videoconferencing approximately five years ago. With BCS Global providing a labyrinth of connectivity, “our equipment is completely mobile — we are able to move it to whatever boardroom a meeting is booked in,” says Barbara Miller, partner and co-chair of the firm’s national communications law practice group.

In the past two years, Miller has seen videoconferencing grow as a tool for client seminars, where lawyers from the firm’s six Canadian offices, plus London and New York, can participate in large groups with clients present. “Typically, these are held in our main conference room, which accommodate 20-40 people,” she says. “It allows clients to visually interact with lawyers from across the country and is seen as a major benefit of this technology.”

Meanwhile, lawyers at Fraser Milner Casgrain LLP can see colleagues in other offices while talking to them on the phone. The firm pioneered the use of videophones in the legal sector a couple years ago, seeing them as a natural extension to their traditional videoconferencing facilities. Technology Director John Esvelt says lawyers using the videophones spend less time on conventional phone calls and are much more productive.

“A meeting that only has a voice telephone component to it allows for distractions to creep in. By adding the video component, you are necessarily more engaged. This leads to more efficient conversations,” says Esvelt. He also finds that having a visual component is extremely valuable when meeting new acquaintances. “It is good to be able to see the facial expressions,” he says.

To date, Fraser Milner Casgrain has deployed over 150 Cisco videophones at the desks and home offices of its lawyers, communicating over current Internet Protocol (IP) network infrastructure.

Unlike older, proprietary point-to-point hookups that went through specialized (and very costly) ISDN networks, IP-based technology gives you easy, peer-to-peer access for conferencing between many rooms or desktops in multiple locations, and to other Internet-based systems around the world. And, now with desktop webcams available for less than $50, anybody with VoIP enabled “soft phones” on their PC can join the videoconference.

The key to effective videoconferencing is the ability to move between private networks and the public Internet in a seamless and reliable manner. For any law firm, though, it’s important that videoconferencing be secure.

While video feeds have long been used for bail hearings and other relatively uncomplicated proceedings, whether or not today’s videoconferencing technology has matured enough to become commonplace at trial is yet to be proven.

“Courts have always been enthusiastic about embracing new technology that can improve access to justice,” says Esvelt. “This is a technology that would do that, so I’m sure we’ll see it make its way into the courtroom.”

If it does, observers say that videoconferencing will likely get applied similarly to videotaped examination, a procedure that has been used sparingly and generally invoked because of necessity rather than expense.

According to Miller, it would come at much greater cost to justice if questioned parties were not required to withstand, in person, both the scrutiny of a judge and the rigors of cross-examination by opposing counsel.

“If the witness is deemed important—even if they are coming from far away for a short time on the stand—the court will not want to deny this right.”

Videoconferencing Tips and Etiquette Always perform equipment setup and testing before starting the meeting, rather than risk embarrassing and costly delays. Have one moderator oversee the meeting and ensure that different parties are not speaking at the same time. As with a conference call, always introduce everyone in the room. Participants who have not met previously should be introduced individually and given a brief moment to exchange light conversation before the group gets started. Don’t carry on sidebar conversations during the meeting — the point of a videoconference is to bring people closer together. Zoom the camera on the speaker whenever possible, so that people can see him or her clearly. When you’re not speaking, remember to hit the mute button —this cuts down on background noise. Cellphones should be muted and BlackBerry use restricted if possible— not just for politeness’ sake, but also because their wireless signals cause audible digital interference. Pay attention to the colour of your clothing and the lighting — watch what news anchors wear.