Esquire Viewpoint: Getting you ready for what's next in litigation
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Massachusetts 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…
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Preparation 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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Remote Depositions and the Unauthorized Practice of Law
Remote court hearings and remote depositions are commonplace today. In fact, some law firms are hiring lawyers with the expectation that they may never work at the firm’s physical office and never appear in courtrooms located in their jurisdictions. Remote practice, however, does not always fit neatly within the legal profession’s ethical obligations. We have…
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Proposed Changes to Federal Expert Evidence Rule Are Already Having Impact
Significant revisions to the federal rule governing the admissibility of expert evidence will go into effect December 1. The evidence rule changes appear to raise the bar slightly for admission of expert evidence, requiring litigators to make a relatively stronger showing that their expert’s testimony will be reliable and helpful to the jury. Because the…
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Stemming Losses That Go Uncovered by Cyber Insurance
Twenty years ago the federal government designated October as Cybersecurity Awareness Month, part of an early effort to promote a wider appreciation of computer-related threats to business and government operations and to encourage everyone to adopt meaningful measures to mitigate those threats. It’s no secret that the legal community’s initial cyberthreat response was, well, discouraging.…
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Preparing Witnesses for Today’s Remote Depositions
Depositions can be stressful affairs. For many witnesses, depositions are a once-in-a-lifetime plunge into the unknown with a lot riding on their testimony. Sitting in a room full of strangers, listening to lawyers argue over barely understood matters, with a court reporter taking down every word, it’s easy for even the most honest witness to…
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State Bar Associations Escalate Work on Ethical Issues Raised by Artificial Intelligence
The promise of artificial intelligence technologies captured the imagination of the legal community in a big way in 2023. None more so than “generative artificial intelligence,” which has the ability to create pleadings and correspondence, and to summarize source materials, that approximate the work of a well-informed, legally trained human being. Artificial intelligence also has…
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Technology Is No Substitute for Careful Planning of International Depositions
No doubt remote deposition technology is compelling. Not only can remote depositions lower litigation spending and free up valuable attorney hours, they offer litigators the ability to efficiently depose witnesses located anywhere in the world. In fact, international depositions were among the most common types of remote depositions before the COVID-19 pandemic made remote the…
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In Jury Duty Show, Technology Incompetence Takes Center Stage
People of a certain age remember when lawyers were almost always depicted in movies and television as competent, resourceful, honest, and zealous courtroom advocates for their clients. Long-running courtroom dramas such as Perry Mason, Matlock, and Law & Order demonstrated to viewers the vital role hard-working lawyers play in enforcing the rule of law for…
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States Weighing Rule Changes for Depositions
Summer is over and court administrators are back at work, churning out proposals for streamlining litigation and increasing the constructive use of remote technologies to handle judicial business. This blog post identifies four state courts that recently proposed new rules affecting, either directly or indirectly, the way depositions are conducted in their jurisdictions. No More…
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