Posts by Esquire Deposition Solutions
Artificial 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…
Read MoreLawyer Who Admitted Coaching Deposition Witness Escapes With Reprimand
An attorney who surreptitiously fed answers to his client – roughly 50 times during a six-hour remote deposition, according to court documents – has been given a public reprimand by the Massachusetts Board of Bar Overseers. Although arguably less egregious instances of witness coaching have been sanctioned with license suspensions, the consensus view in the…
Read MoreArtificial Intelligence Tools Claim to Ease Deposition Prep
If vendor promotional materials are to be believed, artificial intelligence is the secret sauce cooked into nearly every legal application on the market these days. Familiar legal research and document drafting tools have all been enhanced with AI superpowers, and few legal technology startups dare hit the market without a claim to be supported in…
Read MoreMassachusetts High Court Proposes Detailed Rules for Remote Depositions
The Massachusetts Supreme Judicial Court recently released for public comment a proposal to create a baseline set of ground rules for the conduct of remote depositions in that state. The proposed rule revisions would set out new deposition notice requirements, technical standards for deposition providers, as well as rules on permissible camera positioning, limits on…
Read MorePreparation 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…
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