Esquire Viewpoint: Getting you ready for what's next in litigation

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Covid-Enforced Virtual Working Boosts Litigators’ Confidence In Tech Skills

By Esquire Deposition Solutions | November 2, 2021

Of all the changes that COVID-19 imposed upon us, remote working has been one of the most profound. Now it has become a permanent fixture in full-time, part-time, or hybrid variations across many industries, including the legal profession. To understand how remote work affects attorneys’ day-to-day lives, Esquire executed a survey with litigators to explore…

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eBook: Seven Keys to a Perfect Deposition Transcript

By Esquire Deposition Solutions | August 18, 2021

Conducting remote depositions during the COVID-19 pandemic required attorneys to litigate cases under unfamiliar circumstances as everyone coped with social distancing and other government health mandates fashioned in response to the COVID-19 pandemic. Regardless of the circumstances, however, the litigator’s objective has always been the same: to create an accurate record of the deponent’s testimony…

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eBook: COVID-19’s Impact on the Future of Virtual Depositions

By Esquire Deposition Solutions | May 10, 2021

Historically, face-to-face depositions have been the norm in litigation. Even as technology has advanced over the last several decades, ushering the world into the internet age, legal practice has clung to tradition. In the last 15 years, there has been a steadily growing acceptance of technology’s role in litigation due in no small part to…

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eBook: Make Your Zoom Meeting as Secure as Possible

By Esquire Deposition Solutions | March 11, 2021

This eBook reviews security measures deployed by Zoom and security measures that should be adopted by users of the platform. Together, they can create an information-sharing environment that meets the legal profession’s ethical obligation to take reasonable measures to protect client information from access by unauthorized persons in most uses.

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eBook: Elements of a Strong Remote Deposition Protocol

By Esquire Deposition Solutions | February 23, 2021

Remote depositions are an efficient means of obtaining discovery at a time when few are able or willing to travel or gather in groups. More importantly, the reality for litigators today is that it is very difficult to obtain a continuance until some future date when the public health crisis will abate sufficiently to allow in-person depositions to resume.

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With Threats Rising, New York Mandates Cybersecurity Training for Lawyers

By Esquire Deposition Solutions | November 21, 2022
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Beginning January 1, 2023, all attorneys in New York must take continuing legal education courses on cybersecurity topics as a condition of practicing law in New York. The new continuing legal education requirement, the first in the nation, was recently ordered by the New York Supreme Court, Appellate Division, which regulates the legal profession in that…

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Washington High Court Announces Preference for Remote Depositions

By Esquire Deposition Solutions | November 15, 2022
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Washington’s embrace of remote depositions is contained in a set of court rule revisions issued by the Washington Supreme Court Oct. 27. The rules took effect Oct. 31, the day that the governor’s emergency proclamation addressing court operations during the COVID-19 pandemic expired. For civil matters litigated in Washington state courts, all depositions will be subject to…

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Taming the Fears of First-Time Deposition Witnesses

By Esquire Deposition Solutions | November 9, 2022
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In his article Eight Traits of Great Trial Lawyers, former U.S. Federal District Judge Mark W. Bennett remarked that lack of preparation topped the list of trial lawyer shortcomings in his courtroom. “Preparation,” Judge Bennett wrote, “means thinking of every detail, especially when communicating with juries.” Modern discovery depositions are a good case in point. When…

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The Deposition Is Over, Now What?

By Esquire Deposition Solutions | November 1, 2022
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A few moments of housekeeping at the end of a deposition can pay big dividends later. After all, impressions of the deponent’s testimony are fresh and everyone involved in the deposition is present, either online or in the deposition room. Now is the time to clear up loose ends with opposing counsel, note any stipulations…

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Before You Press “Record” on a Zoom Deposition

By Esquire Deposition Solutions | October 26, 2022
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If you’ve ever wondered whether it’s possible to create a “video deposition” merely by recording a Zoom call, you’re not alone. After all, the litigators and witnesses, and the court reporter, are present, their voices and images transmitted – reliably, it appears – across the Internet to each other. The technology to make a video…

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Deposition Testimony Fell Short of Proving Fraud Against Insurer

By Esquire Deposition Solutions | October 18, 2022
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A prior blog post discussing effective cross-examination of expert witnesses during a deposition noted that litigators have an important decision to make when favorable, but unexpected, testimony is extracted from a deposition witness. Should the cross-examining attorney press the witness for additional details in an attempt to discover as much favorable testimony as possible? Or…

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Underwriters See Rising Ransomware Threats and Liability Exposure

By Esquire Deposition Solutions | October 12, 2022
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Ransomware is the wolf at the law firm’s door that just won’t go away. In fact, he’s getting bigger and hungrier. Ransomware attacks in recent years are more pernicious, more difficult to prevent, and more expensive to pay off. Enter cyber-insurance, a formerly sleepy corner of the insurance world that has become enormously complex and…

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Rx for Law Firm Cyberthreats: Planning, Training, and Vendor Due Diligence

By Esquire Deposition Solutions | October 4, 2022
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We’re all familiar with the adage that, for businesses, the question is not “if” but “when” a data breach or ransomware attack will occur. The odds of a cyberattack aren’t as high as death and taxes but they’re approaching a comparable level of certainty. Or so it seems. Cyberattacks today are endemic. News publisher Cybersecurity…

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Using Technology to Fight the Litigation Talent War

By Esquire Deposition Solutions | September 27, 2022
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Within the legal community, technology is typically viewed as a means to increase lawyer efficiency, whether through document assembly, document review, collaboration, and remote work or lately through the use of artificial intelligence to extract hidden insights from large datasets. But some litigation experts see another promising use for legal technologies: as a weapon to…

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62-Hour Trek to Palau or Remote Deposition From Home? You Be the Judge

By Esquire Deposition Solutions | September 21, 2022
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Palau is an island archipelago in the Pacific Ocean. The local economy depends on tourism, mainly from visitors interested in snorkeling and scuba diving along its beautiful barrier reefs. Tourism aside, the Palau economy is dominated by the fishing trade. Palau fishermen export delicious and increasingly rare bigeye and yellowfin tuna destined for sushi restaurants,…

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