What if the most important part of your next litigation is not the courtroom, but the deposition room? For in-house lawyers, managing litigation means balancing risk, costs, outside counsel, and business priorities. As technology changes discovery, legal tech tools can make depositions more strategic and help legal teams make better decisions.
In a recent conversation on Notes to My Legal Self, host Olga Math and guest speaker Dean Whalen, a chief legal officer and former litigator, discussed how technology is changing depositions. Whalen explained that fewer cases reach trial, making the deposition important. His perspective offers a lesson: discovery should be used to understand risk, create leverage, and improve the company’s position.
Watch the full conversation with Dean Whalen here:
The Deposition Is More Than a Box to Check
A deposition can feel routine: ask questions, collect answers, wait for the transcript, and move forward. But this approach can cause lawyers to miss valuable information.
Whalen describes the deposition as the “fourth closing argument” because testimony gathered during discovery can influence summary judgment, settlement discussions, expert challenges, and the overall direction of a case. With fewer trials, discovery becomes even more important.
For in-house counsel, litigation is not only about winning. It is also about understanding the company’s exposure and making sound business decisions. A precise deposition can help outside counsel identify weaknesses in the other side’s case and provide information when deciding whether to settle or continue fighting.
How Legal Tech Can Give Legal Teams an Advantage
Technology is changing what lawyers can do during depositions. Real-time transcription allows lawyers to see testimony as it happens instead of waiting for a transcript. Whalen also discussed using AI with case materials to help create questions during depositions.
For in-house legal professionals, legal tech tools can support better Legal operations and legal team productivity. These tools can give lawyers useful information when they need it, while still keeping human judgment at the center of the work. The goal is not to replace legal judgment, but to use technology to make legal work more efficient and strategic.
Real-time technology can also serve as a safety net. Lawyers can review the transcript during breaks to check important testimony while staying focused on the witness and the human side of questioning.
Technology Still Needs Legal Judgment
Adopting legal tech tools is not simply about choosing the newest tool. In-house counsel should consider data protection, accuracy, admissibility, security, and human oversight. Whalen emphasized choosing vendors that protect client data, have safeguards, and provide transcripts that can be properly used in legal proceedings.
This is where Legal leadership matters. In-house lawyers do not need to become technology experts overnight, but they should ask questions about the tools used by their legal teams and outside counsel.
The future of law for legal leaders is not about using technology just because it is available. It is about knowing when technology can reduce costs, improve legal team productivity, and strengthen the company’s position.
For in-house counsel, that mindset can turn discovery from a routine expense into a strategic advantage. The deposition may be the new trial, and legal teams should be ready to treat it that way.
Watch the full conversation here: Notes to My (Legal) Self: Season 14, Episode 2 (ft.Dean Whalen)
Join the Conversation
At Notes to My (Legal) Self®, we’re dedicated to helping in-house legal professionals develop the skills, insights, and strategies needed to thrive in today’s evolving legal landscape. From leadership development to legal operations optimization and emerging technology, we provide the tools to help you stay ahead.
What’s been your biggest breakthrough moment in your legal career? Let’s talk about it—share your story.
