Posts by Esquire Deposition Solutions
In Jury Duty Show, Technology Incompetence Takes Center Stage
People of a certain age remember when lawyers were almost always depicted in movies and television as competent, resourceful, honest, and zealous courtroom advocates for their clients. Long-running courtroom dramas such as Perry Mason, Matlock, and Law & Order demonstrated to viewers the vital role hard-working lawyers play in enforcing the rule of law for…
Read MoreStates Weighing Rule Changes for Depositions
Summer is over and court administrators are back at work, churning out proposals for streamlining litigation and increasing the constructive use of remote technologies to handle judicial business. This blog post identifies four state courts that recently proposed new rules affecting, either directly or indirectly, the way depositions are conducted in their jurisdictions. No More…
Read MoreThe Trial Is Over, So Why Schedule a Deposition?
Depositions are a potent pretrial discovery and trial preparation tool. They allow parties to gather information regarding any non-privileged matter that is relevant to a party’s claim or defense. Through depositions, litigators are able to evaluate the credibility of potential witnesses, authenticate key documents, gain admissions that might narrow the scope of issues to be…
Read MoreLitigation Is Starting to Resemble Reality TV
Ever since the ABA advanced the principle that “competent representation” includes the duty of technology competence, lawyers have developed an understanding of the many ways in which technology affects law practice and the interests of clients. Certainly, vigilance on cybersecurity matters falls within a modern lawyer’s expected professional competence. As does taking care with the…
Read MoreKeeping Deposition Transcripts Confidential in the Internet Age
Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public view in locked filing cabinets and on law firm and court reporting agency computer networks. That’s the way litigators like it. Pretrial…
Read MoreNew York Courts Weigh Improvements to Pretrial Conferences
In theory, pretrial conferences streamline litigation by setting discovery deadlines and encouraging parties to take a hard look at all relevant issues in the case and, if possible, reach a settlement before trial. In practice, however, pretrial conferences often fall short of this ideal. They can be go-through-the-motions affairs conducted by lower-level associates who are…
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