Posts by Esquire Deposition Solutions
Regarding 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…
Read MoreQuick Tips for Ethical, Effective Deposition Witness Prep
If the word “Shaq” conjures up the image of professional basketball legend and amiable IcyHot liniment pitchman Shaquille O’Neal, you could be missing out on a valuable mnemonic device for preparing witnesses for deposition: Short Honest Answers to Appropriate Questions, or SHAQ. In a deposition, a short answer gives the other side as little to…
Read MoreAI in Law Practice Commanded Attention in 2023
Who would have thought that a profession not widely associated with tech savvy would be consumed with interest in artificial intelligence technologies in 2023? Yet that was certainly the case, as readership numbers for AI-related articles we published in 2023 significantly outpaced all others. We suspect that the reason is that artificial intelligence sits at…
Read MoreArtificial Intelligence, the Litigator’s Friend
Like everyone else in the legal community, this year we read an enormous amount of writing on the impact of artificial intelligence on the practice of law. We noticed how initial reports predicting catastrophe for the legal profession gave way to discussions of the many ways that artificial intelligence will create efficiencies and empower lawyers…
Read MoreFederal Litigants Can’t Insist on In-Person Depositions
Way back in April 2020, during the early days of the COVID-19 pandemic, a federal magistrate judge in Colorado had already seen enough to offer the following plea that lawyers reassess their habit of traveling long distances to conduct depositions: There is every reason to hope, however, that some of the lessons learned during the…
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