Posts by Esquire Deposition Solutions
Preparation Is Key to Stopping Witness Coaching During Remote Depositions
For the second time this year, the American Bar Association is offering guidance on how litigators can successfully, and ethically, minimize the occurrence of witness coaching during remote depositions. The ABA’s advice in a nutshell: Litigators should take time to understand the risks of witness coaching and then proactively address those risks through cross-examination, remote…
Read MoreRemote Depositions and the Unauthorized Practice of Law
Remote court hearings and remote depositions are commonplace today. In fact, some law firms are hiring lawyers with the expectation that they may never work at the firm’s physical office and never appear in courtrooms located in their jurisdictions. Remote practice, however, does not always fit neatly within the legal profession’s ethical obligations. We have…
Read MoreProposed Changes to Federal Expert Evidence Rule Are Already Having Impact
Significant revisions to the federal rule governing the admissibility of expert evidence will go into effect December 1. The evidence rule changes appear to raise the bar slightly for admission of expert evidence, requiring litigators to make a relatively stronger showing that their expert’s testimony will be reliable and helpful to the jury. Because the…
Read MoreStemming Losses That Go Uncovered by Cyber Insurance
Twenty years ago the federal government designated October as Cybersecurity Awareness Month, part of an early effort to promote a wider appreciation of computer-related threats to business and government operations and to encourage everyone to adopt meaningful measures to mitigate those threats. It’s no secret that the legal community’s initial cyberthreat response was, well, discouraging.…
Read MorePreparing Witnesses for Today’s Remote Depositions
Depositions can be stressful affairs. For many witnesses, depositions are a once-in-a-lifetime plunge into the unknown with a lot riding on their testimony. Sitting in a room full of strangers, listening to lawyers argue over barely understood matters, with a court reporter taking down every word, it’s easy for even the most honest witness to…
Read MoreState Bar Associations Escalate Work on Ethical Issues Raised by Artificial Intelligence
The promise of artificial intelligence technologies captured the imagination of the legal community in a big way in 2023. None more so than “generative artificial intelligence,” which has the ability to create pleadings and correspondence, and to summarize source materials, that approximate the work of a well-informed, legally trained human being. Artificial intelligence also has…
Read More
