Depositions are at the core of discovery. Eyewitness testimony, scientific and forensic facts, expert knowledge, character witnesses—it all starts with a formal deposition.
When you’re a lawyer, budget is just one of many factors to consider, along with time. For an average lawsuit, up to 70% of total costs are incurred during the discovery phase, largely from any type of deposition.1
That said, deposition costs can vary widely, so here are some factors to consider.
Let’s break down the cost of deposition variables. Depositions can last anywhere from 30 minutes to multiple days. In general, typical costs start at a few hundred and go and include the following line items:
A deposition without a court reporter in attendance isn’t recognized by most courts. To be entered into the court record, you’ll need an official to complete the swearing-in of deponents and opening/closing formalities, as well as a professional court reporter to capture, prepare, and distribute a transcript.
It’s possible to break up these duties across a notary official and a transcriptionist or ASR (automated speech recognition) technology, but a court reporter who can fulfill this set of duties is most common.
An official transcript of the deposition will include identification of each speaker and a verbatim (word-for-word) capture of exactly what was said in the room while the deposition is in effect.
Most lawyers and attorneys opt for a full audio and video recording of a deposition. The video deposition can be used for review as the trial strategy for the case is built. It may also be used at court to highlight a witness’s attitude or truthfulness during initial questioning, to impeach their testimony, or to replace their live testimony.
Expert witness fees can range widely, depending on case complexity, area of knowledge, and the available pool of potential experts. If they have very unique and critical expertise—or a combination of prestige within their specialty and experience as a legal expert witness—you may face a steep cost.
Billing may also include an upfront retainer and an hourly rate for preparation time.
The bill for an attorney’s involvement in a deposition doesn’t just include proceeding duration. It also encompasses a range of duties billed at various rates by the attorney, as well as paralegals and administrative staff:
Lawyer costs vary based on specialization, geography (state and metropolitan proximity), and reputation or experience.2
Alongside standard deposition costs, you may face additional fees and expenses for long-distance travel, rough draft transcripts, quick transcript turnarounds, or securing an appropriate space to host the deposition.
While hybrid courtrooms and virtual proceedings are more common, an in-person deposition is often preferred. You may need to cover travel expenses if your deponent:
Depending on your approach and the preferences of all parties, you may need to cover travel expenses for a deponent to come to you, or for you to visit their location.
While many deposition service providers include conference rooms with all the bells and whistles needed for a deposition, that is not always the case. Additional fees for deposition space may be needed:
A basic budget includes:
If time is of the essence, you may be on the hook for a speedy turnaround. This can include rush or premium fees for:
In most court cases, the legal team that initiates and serves a notice of deposition (the requesting party) will also be responsible for covering the costs detailed above.
However, the opposing party will need to pay for:
Note that some jurisdictions have their own rules about the allocation of trial and discovery expenses. There may also be some negotiation or agreement on cost-sharing for depositions that serve both parties, or for accommodations in location or timing.
Two of the most important methods of managing your deposition budgets are through virtual technology and working with a comprehensive service provider.
With old-school telephone depositions, attorneys were entirely cut off from evaluating the wide range of nonverbal cues that help establish truthfulness and attitude—as well as from ensuring opposing counsel wasn’t influencing witness testimony.3
Even now, with commercial virtual meeting platforms, it can be tricky to capture the right views and details essential for final case strategy decisions and key trial events up to impeachment.
Dedicated virtual deposition technology bridges this gap by offering:
Look for a platform that also provides:
As with insurance or communication service providers, you stand to gain savings and efficiencies by bundling litigation support services with a single provider. For depositions specifically, look for partners who can offer skilled:
Additional discovery support services may include:
Finally, providers may also offer comprehensive trial support services, such as:
When you opt for a single partner, you can avoid vetting individual providers for cybersecurity, HIPAA, and other protocols, and gain the benefits of a single communication process and file delivery system.
The right litigation support services provider can offer a range of services that help you schedule and complete depositions more efficiently while controlling costs. When you partner with specialists, you can take advantage of economies of scale, multi-location professional networks, and best-case use of technology.
Before you select a deposition service provider, evaluate their range of services, professional reputation, and how they can assure you of both quality and accuracy. Ask about their depth of knowledge, years of experience, and technology capabilities before getting to how much they charge.
Keeping costs down is a high priority, but it can’t trump reliability. If you can’t count on quality, turnaround timeliness, transcript accuracy, or videography and audio recording competence, then you’ll end up with deposition results that aren’t court-ready or able to help you achieve favorable outcomes.
Keep an eye on your resources before diving into discovery depositions so you can prioritize essential testimony and build your strongest case. You can also leverage cost-saving methods to stretch your deposition dollar, including remote depositions, early planning, cost-sharing, and working with the right deposition service provider.
That’s where U.S. Legal Support comes in. Since 1996, we’ve offered top-notch litigation support services to legal industry partners—from solo practitioners and boutique firms to BigLaw and Fortune 500 corporations.
In addition to remote deposition and deposition summary services, we provide nationwide court reporting, realtime transcription, interpreting, records retrieval, organization and analysis, AI-powered medical records summarization, litigation consulting, and trial support including voir dire and jury research and consulting, mock trials, witness preparation, trial graphics, demonstratives, and trial presentation and technology services.
Reach out today to discuss your deposition and other legal support needs.
Sources:
Content published on the U.S. Legal Support blog is reviewed by professionals in the legal and litigation support services field to help ensure accurate information. The information provided in this blog is for informational purposes only and should not be construed as legal advice for attorneys or clients.