Esquire Viewpoint: Getting you ready for what's next in litigation
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A longtime leader in deposition services and technology, Esquire Deposition Solutions won two TopLaw 50 Awards for its articles on using ChatGPT for depositions and stipulations for remote depositions," says TopLaw publisher Neil J. Squillante. "This impressive feat serves as a testament that the company's blog has become a must-read for deposition insights and tips.
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Absence of Opposing Counsel Is No License to Abuse the Witness
Absence of Opposing Counsel Is No License to Abuse the Witness Opposing counsel does not appear for a key witness’s deposition. The examination proceeds without objections or follow-up questions from the other side. But that apparent advantage can disappear if the questioning becomes abusive. In Sherrod v. Nexion Health at Marrero, Inc., No. 25-1248 (E.D. La….
Using Social Media and AI for Deposition Preparation: What Lawyers Should Consider
An earlier Esquire blog post explored why lawyers generally should not use Facebook “friend requests” as part of their deposition witness research efforts. Attempting to access information a witness has limited to a private audience can raise significant ethical concerns, including rules involving deceptive conduct, communications with represented persons, and the use of non-lawyers to…
Haunted Houses Are Scary and Tough to Beat in Court
Haunted Houses Are Scary and Tough to Beat in Court Every October, millions of Americans willingly step into haunted houses, corn mazes and darkened trails, hoping for a good scare. But when a startled patron runs into a wall, trips over uneven ground, or falls while fleeing a costumed actor, the fright can give way…
When 10 Depositions Are Not Enough
When 10 Depositions Are Not Enough If your case calls for more than 10 depositions, when should you ask the court for permission? As soon as the need becomes apparent, or after you have taken the first 10? In the federal system, Rule 30(a)(2)(A)(i) of the Federal Rules of Civil Procedure presumptively limits each side…
Zoom Is Not a Place
Zoom Is Not a Place. The Courthouse is Just Getting Farther Away. Federal judges are still being asked to consider the legality of subpoenas demanding that deposition witnesses appear at a mythical location known as “Zoom.” Which is somewhat surprising given the plump corpus of judicial decisions declaring that Zoom, like Shangri-La and Brigadoon, is…
California Becomes First State to Legislate Lawyers’ Use of AI
California Becomes First State to Legislate Lawyers’ Use of AI On Sept. 30, California Gov. Gavin Newsom signed into law a measure regulating lawyers’ use of artificial intelligence in their work. The first-in-the-nation legislation, SB 574, requires lawyers to: refrain from entering confidential, personal identifying, and other nonpublic information into a generative artificial intelligence system…
Why Remote Hearings Should Look Familiar to Deposition Veterans
Why Remote Hearings Should Look Familiar to Deposition Veterans Earlier this month, the National Center for State Courts released the latest iteration of its Remote Proceedings Toolkit, a document principally intended to help courts transition to wider use of remote proceedings. For litigators, however, the NCSC’s work offers an opportunity to continue developing the skills…
A Great Big Beautiful Tomorrow for the Legal Profession
A Great Big Beautiful Tomorrow for the Legal Profession Disney invited visitors to imagine the home of the future. Here is what the courthouse, the law firm, and the law school of the future look like. If you have visited Walt Disney World, you may remember traveling through four generations of an American family on…
Despite Advantages, “Cameras On” Remains Minority View
When the Florida Supreme Court declined earlier this year to mandate that all participants in remote depositions appear on camera, it rejected a fair amount of expert advice urging a different conclusion: The high court’s own Rules of General Practice and Judicial Administration Committee, which proposed a “cameras on” requirement, believed the integrity of the…
Ten Strategies for Deposition Success
Who doesn’t love a list article? Who can fail to appreciate a lifetime’s wisdom, curated and arranged on the page in (usually) 10 bite-sized, bullet-pointed nuggets? Who couldn’t use a breezy reminder on matters that must be minded? No one, that’s who. And while you might want help re-entering the working world after a long…
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