Lessons Not Learned From Jeffrey Toobin

Covid 19 had changed everything. At least in the legal profession. “Zoom Depositions” have become the norm. Often now, the parties and their attorneys will appear in different locations, as well the stenographer and the third party witness being deposed.
You all remember the downfall of Jeffrey Toobin? As quoted by CNN business “Jeffrey Toobin returned to CNN as the network’s chief legal analyst on Thursday, eight months after he exposed himself during a Zoom call with colleagues at The New Yorker.” (Brian Stelter and Oliver Darcy, CNN June 10, 2021). Yes, it seems the poor fellow did not realize he could be seen and heard by the numerous participants of a zoom video call when he felt the urge to masturbate.
The important lesson to be learned from poor Mr. Toobin is that it is critical to make sure you control your audio and video during a zoom call, because everyone else can hear and see you if both your microphone and video are “on”.
I was recently representing a client at a third party zoom deposition. Opposing counsel, the defendant, me, the court reporter and the witness were all in separate locations. The defendant’s attorney had subpoenaed the witness so he got to ask questions first. He was just about done, but wanted to review his notes to see if he had any other questions to ask. So he announced he would be right back, and then disappeared by toggling his video and microphone off.
About 20 seconds later, I hear the defendant’s phone ring. He answers, and begins speaking, oblivious to the fact that everyone else in the room can still hear him. He began telling the caller about the deposition. He was very honest and essentially admitted that the witness did not know anything. And, everyone else on the zoom call, except for his attorney, heard him say it.
So naturally, when the attorney came back and my questioning began, I almost immediately asked the witness if he had heard what the defendant had said during the phone call. He had. The witness first testified to what the defendant said. And then, he testified that he agreed with the defendant’s assessment of the witnesses knowledge. What an unexpected surprise. My money says the defendant never heard about good old Jeffrey Toobin. If he had, then he really has no excuse.
For all of your family law and business needs, please contact the Law Offices of Richard A. Marcus (661) 257-8877.