Posts by Esquire Deposition Solutions
Proceed With Caution on Out-of-State Depositions
Many attorneys have long and successful careers without ever having to practice law outside of the jurisdiction where they obtained their license. But for litigators and in-house counsel, the need to be conversant with the rules governing multi-state practice and the process for gaining temporary permission to represent clients before an out-of-state tribunal is a…
Read MoreWisconsin Lawyers May (But Shouldn’t) Secretly Record Others
In an age when nearly everyone carries on their person a tiny recording device in the form of a smartphone, the question of whether it is lawful to surreptitiously record conversations with others comes up often. One never knows when an accurate and credible record of a conversation might be useful. In all but a…
Read MoreFor Litigators, “Dedicated” Is the New “Zealous”
Litigators, which would you rather be: a “zealous advocate” for your client? Or one who is “conscientious and ardent” is pursuit of the client’s interests? Most litigators, we suspect, would choose the latter description today. It fairly implies that litigators may, in their pursuit of the client’s interest, be required to balance other important considerations.…
Read MoreFlorida’s Lawyer Leaders Push Ethical Guardrails for AI Use
It seems Florida’s lawyers are determined to stay ahead of the curve when it comes to the use of artificial intelligence tools in the practice of law. On Jan. 19, The Florida Bar’s Board of Governors published new guidance on how Florida’s lawyers can ethically deploy artificial intelligence tools. The ethical guidance underscores the need for…
Read MoreRegarding Depositions Seeking Meta-Discovery
Experienced litigators are familiar with the tension between the federal legal system’s policy favoring liberal pretrial discovery into all relevant matters and the countervailing policy forbidding discovery that is oppressive or imposes an undue burden or expense. One situation in modern litigation where this tension frequently arises is when a party is concerned that the…
Read MoreWill AI Deposition Assistants Be Ethical?
By now most lawyers are familiar with the story of DoNotPay, the company that promised to provide a traffic offense defendant with a “robot lawyer” to fight the ticket in court. The plan went like this: The defendant would be assisted at trial by generative artificial intelligence tools (e.g., ChatGPT and DaVinci) that monitored courtroom…
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