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…

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Looking 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…

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When 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…

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Employers 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…

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