If you’re a trial lawyer, you’ve probably heard this one before:
There are three closing arguments in every case—the one you planned, the one you delivered, and the one you thought of on the drive home.
It’s funny because it’s true. But here’s something most lawyers haven’t heard:
There’s a fourth closing argument—and it doesn’t happen in the courtroom. It happens in the deposition.
That’s where the real record gets built. That’s where cases are won or lost. And that’s where you, the attorney, have full control over what gets said, how it gets said, and how it shows up on the transcript.
Or at least… you should.
“I Was Sure I Had It—Until I Got the Transcript Back”
You’ve been there. You finish a deposition and walk out thinking you nailed it. You got the witness to say exactly what you needed. You’re already drafting the motion for summary judgment in your head.
Then the transcript shows up two weeks later, and… that moment you were banking on? It’s not there. Or worse, it’s not how you remember it.
In speaking with scores of attorneys—ranging from solo practitioners to partners at large firms—one theme has emerged with striking consistency: nearly every lawyer has a moment they wish they could take back. Recently, one experienced litigator shared a particularly humbling story. During a hearing on his motion for summary judgment, the judge told him, “You would have won this—if only you had framed the question better in deposition.” The worst part? He knew the judge was right. Had he been able to review the transcript during the deposition itself, he could have caught the ambiguity and corrected it in real time. Instead, the oversight cost him the motion.
It’s the stuff that keeps you up at night—and yes, sometimes haunts you for the rest of the case.
Why Are We Still Waiting Weeks to See What Happened?
Let’s be honest. Waiting two weeks for a deposition transcript in 2025 feels like using dial-up internet in the age of 5G. Every other industry has moved on. Why are we still stuck?
Well, historically, real-time deposition services were reserved for big-budget cases. Stenographers with years of training were the only ones who could deliver a live feed. And they came with a hefty price tag.
Real-time was a luxury. A splurge. Something only the biggest firms or most demanding clients could afford.
But not anymore.
So… What’s Changed?
A few things, actually.
First, AI and human intelligence teamed up. Think of it like this: instead of one person doing everything—listening, typing, editing, thinking—a coordinated team now works behind the scenes. Readback uses what’s called a Multi-Intelligence Service Team (MIST), where a group of transcribers and AI tools work together in real time, all led by a human “Guardian” making sure everything stays accurate and on track.
Second, the pandemic changed everything. Before COVID, only about 4% of depositions were done remotely. Once the world shut down, that number exploded to 90% overnight. Suddenly, we were all on Zoom, and the old excuses—“It has to be in person,” “We need a stenographer in the room”—stopped making sense.
And third, the price dropped. What used to cost thousands of extra dollars is now offered at flat rates, with no surprise fees. Real-time access isn’t just for the elite anymore. It’s something everyday litigators can afford—and frankly, should expect.
But I’ve Always Done It This Way…
We get it. Lawyers are risk-averse by training. Change comes slowly in this profession. You don’t want distractions during a deposition. You’re used to getting the transcript later and just making it work.
But ask yourself this:
- Would you rather guess if your key question landed—or know right then and there?
- Would you rather catch a mistake after the witness is gone—or fix it in the moment?
- Would you rather build your summary judgment motion on memory—or on a rock-solid transcript?
The drive-home regret is real. But it doesn’t have to be.
Real-Time Means Real Control
Attorneys who use real-time deposition tools say it’s a game-changer. And they’re not just saying that because it’s cool tech.
Here’s what they’re actually doing with it:
- Spotting weak answers and rephrasing the question on the spot.
- Locking in testimony before the witness walks out of the room.
- Double-checking phrasing during breaks—without slowing anything down.
- Walking away from the deposition knowing they’ve got what they need.
It’s not just about convenience. It’s about confidence. Control. And peace of mind.
The Ethical Side: You’re Expected to Stay Current
Here’s something else to consider: it’s not just a smart move—it might soon be an ethical one.
The American Bar Association has already made it clear—lawyers have a responsibility to stay up to date with relevant technology. If there’s a tool that improves your effectiveness, accuracy, or efficiency—and it’s widely accessible—then yes, you’re expected to use it.
Real-time transcription is quickly heading in that direction.
The Legal Industry Is Catching Up—Slowly
Let’s zoom out for a second.
Healthcare and insurance figured this out years ago. They use real-time documentation because delays in information can cost lives or millions of dollars. They’ve been using AI-assisted transcription, real-time claim processing, and digital records for decades.
The legal world? We’ve been a little…slower to evolve. But COVID gave us a push, and now we’ve seen what’s possible. The question is: Are we going to keep up the momentum—or fall back into old habits?
So… Why Are We Still Guessing?
Imagine this:
- You’re in a deposition.
- You ask the key question.
- The witness responds.
- You glance at your screen.
- And there it is—word for word—just the way you wanted it.
You don’t have to wait.
You don’t have to guess.
You don’t have to cross your fingers.
You just know.
That’s what real-time gives you. And at this point, it’s not a luxury—it’s a no-brainer.
Let’s Wrap This Up: The Real Closing Argument
Every lawyer accepts that the trial closing argument might not go exactly as planned. But depositions? That’s your domain. That’s where you have full control.
And with real-time tools, that control becomes sharper than ever.
So let’s stop pretending that waiting two weeks is normal. Or smart. Or necessary.
Let’s stop guessing what happened in the room—and start knowing.
Because in a world where depositions decide cases, precision shouldn’t be a luxury—it should be the standard.
* Disclaimer: Readback is neither a law firm nor a substitution for legal advice. This post should not be taken as legal opinion or advice.
