Remote depositions have established their own set of professional norms and expectations — an etiquette that goes beyond basic video call manners. Attorneys who master these conventions protect the integrity of the record, maintain professional relationships, and project competence to clients and opposing counsel alike.
Before the Deposition
Test your technology the day before, not the morning of. A last-minute discovery that your camera driver needs an update or your headset isn't recognized by the platform creates unnecessary stress and delays the proceedings. Log into the platform at least 15 minutes before the scheduled start time to confirm everything is working.
Distribute exhibits through the platform's exhibit management system before the deposition begins. Emailing large PDF attachments 10 minutes before the start is unprofessional and creates confusion when parties have different versions or missing files. Pre-loading exhibits ensures everyone has access to the same documents.
On the Record
Begin with a clear technology stipulation. State on the record: the platform being used, that all parties consent to the remote format, the location of each participant, that the proceedings are being recorded, and the procedure for private attorney-client conferences. This stipulation protects against post-deposition challenges to the format.
Identify yourself before each statement or objection. In person, visual cues make it obvious who is speaking. On video, especially with multiple attorneys, it's easy for the court reporter to lose track. A simple 'Counsel for the plaintiff objecting' before stating your objection keeps the record clean.
Objections and Speaking Objections
The temptation to make speaking objections is stronger in remote depositions, where the informality of the setting can erode professional discipline. Resist it. State your objection concisely — 'Objection, form' — and move on. Extended speaking objections are just as improper remotely as they are in person, and they're even more disruptive because audio overlap makes them difficult to transcribe.
Muting and Audio Management
Mute yourself when you're not speaking. This is the single most impactful etiquette practice in remote depositions. Background noise — keyboard typing, paper shuffling, even breathing — is picked up by sensitive microphones and transmitted to all participants. It's distracting to the witness, annoying to opposing counsel, and creates artifacts in the recording.
Unmute before you start speaking, not simultaneously. The first syllable of your sentence is often lost to the unmute delay. Develop the habit of unmuting, pausing a beat, and then speaking.
Private Conferences
When you need to confer privately with your client, clearly state on the record that you are requesting a private conference. Use the platform's built-in breakout room or private channel — do not attempt to communicate via text message, chat, or phone call outside the platform, as this creates privilege and record-keeping issues.
When the conference is complete, return to the main session and state on the record that the conference has concluded and you are ready to proceed. This clear bookending prevents any ambiguity about what was and wasn't on the record.
Professionalism on Camera
Dress professionally — the same standard you would maintain for an in-person deposition. Your background should be clean and neutral. Avoid virtual backgrounds, which create visual artifacts around your silhouette and can appear unprofessional. Unless you're speaking, keep your camera on — turning off your camera while opposing counsel is examining can be perceived as disengagement or disrespect.
Remote depositions are depositions. The format is different, but the professional standards, ethical obligations, and strategic importance are identical. Treat them with the same gravity and preparation you would bring to any in-person proceeding.