Posts by Esquire Deposition Solutions
Importance of Finding a Reliable Last Minute Court Reporter
You’ve finally committed to taking action. After researching, you know that you need a court reporting service that can provide you with the reliable service you need to ensure your court proceedings go off without a hitch. But how do you go about finding a reliable court reporting service—especially when you need it at the…
Read MoreWhen Is Polling Permissible?
Pretrial polls of potential jurors are not per se prohibited. When conducted properly, polls can allow counsel to test arguments, theories of the case, and potential testimony before trial. Cochairs of the Section of Litigation’s Ethics & Professionalism Committee crafted a guideline for lawyers on how to carefully administer pretrial polls to avoid sanctions.
Read MoreImputed Disqualification: Challenges of Suing Former Clients
This case specifically highlights the importance of conflict checks before beginning litigation. Section leaders from the Ethics & Professionalism Committee of the ABA Section of Litigation warn that this is an issue that needs to be explored with the client at the very outset.
Read MoreTermination of Representation and the Retention of Files
A court ruling recently solidified the majority perspective that attorneys have an ethical duty to turn over and surrender their entire file to clients upon termination of representation. It is important for litigators to be cautious and aware of their individual jurisdiction’s interpretation of Model Rule 1.16 to avoid sanctions.
Read MoreKey Takeaways from Recent Hybrid Medical Device Cases
The future of medical devices and the current uses of hybrid medical devices affects the way lawyers defend clients in product liability cases. As the future of medical devices continues to develop, lawyers must devise strategies to avoid preemption when dealing with lawsuits involving Class III medical devices.
Read MoreThe Role Evidence Plays in Avoiding Sanctions
It is the job of the attorney or firm to confirm a claim’s ability to be upheld prior to the proceedings. In order to avoid sanctions, the evidence specific to the case must be carefully, meticulously, and factually analyzed prior to filing the suit.
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