Posts by Esquire Deposition Solutions
Will In-Person Depositions Vanish Before COVID-19?
Did you notice that in-person depositions and remote depositions traded places in 2020? Legally speaking, that is. When 2020 began, in-person depositions were the default means of obtaining pretrial testimony. Remote depositions were possible, of course, but only by stipulation or court order. As 2020 ends, the situation is reversed. Remote depositions — widely encouraged…
Read MoreLooking Your Best During Remote Depositions
Few in the legal community question the aphorism that “appearances matter.” They do. Rightly or wrongly, typos in a brief, tardiness, or other signs of inattention to detail are all impediments to successful representation of the client. A lawyer’s attire can also promote, or detract from, professional success. A neat and professional personal appearance projects…
Read MoreWhen Deposition Advocacy Becomes Unethical
The German philosopher Arthur Schopenhauer, a cranky cultural observer who believed human beings were doomed to an existence no more fulfilling than the lives of moles, was nevertheless clear-eyed about the value of civility. Willful incivility, Schopenhauer wrote, is as foolish as setting your house on fire. For litigators, incivility during a deposition can have…
Read MoreClients Are Ready for Legal Profession to Embrace Technology
The push and pull of direct client feedback is a strong indicator of where the practice of law is, or should be, heading. As we recently described in this post on in-house legal departments’ impression of outside law firm performance during the COVID-19 epidemic, corporate consumers of legal services now expect their litigators and advisers…
Read MoreEmployers Advised to Use Communication, Flexibility to Mitigate COVID-19 Litigation Risks
When weighing liability risks arising from employees contracting COVID-19 at the workplace, many employers instinctively turn to the liability waiver, a document that — in theory — will protect the employer against lawsuits for damages if COVID-19 is contracted on the job. But there are problems with waivers. In the first place, contractual waivers of…
Read MoreIn-House Counsel Describe Relations With Outside Firms During COVID-19 Pandemic
For outside law firms, the early lessons for delivering quality legal services to corporate clients during the COVID-19 pandemic are simple ones. Be present. Be nimble. Be helpful. Remote work is here to stay. These were some of the lessons identified by general counsel based on their experience of working with outside law firms in…
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