It’s Time to Talk Audio/Video

Business of Law

Get your message across with aural, visual appeal

December 2008 Issue
By Dennis Kennedy

Illustration by Stuart Bradford

Lawyers love text on a page. The single-space letter or memo is the lingua franca of our trade. Our PowerPoint slides are usually dense with text, and even the mention of adding a chart, table or graphic to a document causes consternation.

My radical suggestion: It’s time to rethink the text-based world and think seriously about ways to use audio and video delivered over the Internet.

People of all ages increasingly use audio and video to communicate and to learn. Think how often you hear people (and maybe even yourself) say things like: “Talk me through the highlights of this memo,” “Draw me a picture” or “Can you show me how that would work?” And add in how much radio, TV and Internet audio and video you and the people you know view and hear on a regular basis.

Now, largely due to the Internet and the MP3 player, audio and video have become inexpensive or free to obtain and produce, easy to get and use, and highly accessible.

A few definitions. Although information delivered via audio and video comes in many forms, I’ll highlight two primary ones you probably have heard mention of.

As my example of Internet audio, I’ll highlight the podcast. You can think of podcasts as downloadable audio files that can easily be played on your iPod, MP3 player or computer. (Technically, the term refers to audio files you can subscribe to and that are automatically distributed to you.)

For video, let’s think of YouTube. There are almost 100 million videos on YouTube. You can search for and watch videos on almost any topic you can imagine.

So let’s take a look, starting with the two ways lawyers will most likely use audio and video: learning and educating—or, more conceptually, consuming and producing.

CONSUMING

Most lawyers will probably find the greatest short-term benefits from using audio and video as a learning platform. Those large stacks of articles, advance sheets and magazines to be read not only take up space but rarely make it to the “finished reading” category. Audio summaries, audio and video of seminars, podcasts and YouTube videos offer lawyers the same information in more succinct, accessible and portable form. Listening to a short presentation may also be much more effective than reading a 150-page law review article.

The key questions to consider: Where and how do you learn?

Podcasts excel in situations where radio is your preferred medium. In many ways, podcasts can be thought of in terms of “time-shifting” or a “Tivo for radio.” Podcasts let you choose the audio content you want when you want it, whether you use an iPod, or an MP3 player connected to your car stereo or your computer speakers. Listening to podcasts in your car (as simple and cheap as a $10 cassette adapter for your car stereo) can turn your commute into a traveling learning experience. Similarly, you can listen to podcasts when you exercise or play them on your computer as you work. A benefit of audio is that people typically listen while they are doing something else.

In contrast, YouTube or other video systems are like television: They require your visual attention, although video might work for a train commute. Videos enhance the audio experience, and the combination of video and audio has often been shown to be a powerful learning tool.

Video is becoming more portable. Most people, however, find it difficult to multitask while watching video. For law-related content, you’ll find less video currently available than audio.

PRODUCING

The potentially revolutionary effect of lawyers using audio and video will be their absorption into communications media. In other words, lawyers will turn into producers rather than consumers.

Many lawyers tend to deliver a large amount of repeatable “audio and video,” only in person: They call it an initial client meeting. What if those introductions and explanations were captured in audio and video, then delivered over the Internet? Or how about capturing part of a closing argument and referring people to it as a sample of your work?

With inexpensive, compact, easy-to-use audio and video technology, capturing that content is simpler than ever. Since even third-graders these days are creating and editing videos, there is hope for lawyers.

Even though the capture process is a cinch, NPR has raised the bar for the expected sound quality on podcasts, and there’s a consensus that lawyers will want to do professionally edited and produced video. Since video also lends itself to short clips, you might be able to get several videos from one session.

Two key factors come into play: your timeline and your audience. Podcasts are simpler and you can go to market more quickly than with video. But can you find—or be—a producer for video or audio? And can you be comfortable or effective as the “talent” for your programming? Moreover, you’ll need to understand your audience. Video might be more effective for consumers and audio more effective for a corporate audience.

I’m a big podcast fan these days. I also expect lawyers moving from text-based content will find the step toward audio more acceptable than video. Yet I’ll also say my commute and preference to learn from audio plays a big role in my own choice.

It’s very clear that young people have a preference for video. Your answer to the choice of audio or video will depend on your circumstances and style, as well as the preferences of your audience.

Over the next five years, I’d guess that video will become a much larger channel for us to convey and receive information. If pressed to pick a winner, I’d place my bet on video. However, there will continue to be a place for audio in the foreseeable future, like during a car commute.

The time to explore these media is now. The central role of text on paper will certainly diminish over time.

Dennis Kennedy is a St. Louis-based computer lawyer and legal technology writer. His website, DennisKennedy.com, is the home of his blog. Contact him at dmk@denniskennedy.com

Comments

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Posted by Chris McKinney - Dec 2, 2008 09:48 pm CST

Great points in this article. I have found audio and video to be incredibly helpful in my practice. I now frequently attach an audio or video file along with a legal document to clients in place of a lengthy cover letter explaining the purpose or significance of the document. Spoken word is easier for clients to understand and absorb and more efficient for me to create than typing or dictating a memo to be typed up. Clients love it. Soon, they will expect it.
Posted by Lisa Solomon - Dec 2, 2008 10:15 pm CST

Legal bloggers who don’t have the time, equipment or inclination to produce podcasts of their posts can still deliver their content in audio format by using a free service called Odiogo (http://www.odiogo.com/). Odiogo creates high fidelity, near human quality audio files from text. To get a good feel for the sound quality, you can listen to it on my blog at http://legalresearchandwritingpro.com/blog/.

On the flip side, Riffly (http://riffly.com/) is a free Wordpress blog plugin that allows site visitors to leave audio or video comments.
Posted by Neil J. Squillante - Dec 3, 2008 01:24 pm CST

Dennis, I enjoyed the article. But I have some feedback for you:

What about YouLaw?

Gerry Oginski with the help of his Back Bench (me, Bob Ambrogi, and Kelly Chang Rickert) writes a biweekly column called YouLaw, which features law firm video reviews.

You can read YouLaw here:
http://blog.technolawyer.com/youlaw/

These reviews provide lawyers with a wealth of helpful tips regarding both video production and strategy.

Incidentally, I don’t think most lawyers will gravitate to audio rather than video. There’s no YouTube for audio. Most online audio doesn’t stand alone. It’s usually part of a podcast, which requires regularly publishing new material.

A YouTube video requires a lot of work, but if you do it right a single video may achieve your goals for a year or longer. Google now places YouTube videos prominently in its search results.

And let’s not forget attention span. Why do I watch tons of videos but listen to only a handful of podcasts? Because most videos run for just a minute or two.

To summarize, your column laid the groundwork for your readers to get started. Directing them to YouLaw would have enabled them to continue their education.

Neil J. Squillante
Publisher
TechnoLawyer
Posted by Ernie Svenson - Dec 5, 2008 07:48 am CST

In Brain Rules, the fascinating book by John Medina, the author mentions a study on memory which shows that reading only produces a 10% retention (under the study’s control conditions). Listening produces a 20% retention, and seeing produces 30% retention. But combining listening with seeing (i.e. audio/video) produces a 50% retention and makes for better learning.

If you want to teach you’d be smart to take this into account. And, since persuasion involves a bit of teaching, litigators might want to take note of this fact too.

Text is easy to produce for many reasons, mostly because lawyers are familiar with this method of conveying information. Audio/video is not something lawyers have embedded in their communication vocabulary. Those who learn it and use it will have an advantage, but most lawyers won’t want to make the effort to remap their brains and learn a new skill, even if it would make them more effective.

So I wouldn’t go short on text just yet, at least not in the legal profession.