For 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.…

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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…

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Will 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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Quick 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…

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AI 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…

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