Esquire Viewpoint: Getting you ready for what's next in litigation
The world of litigation is rapidly evolving. Learn how to get more from your investments, improve outcomes and seize the opportunities inherent in change.
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8 Ways Lawyers Are Getting Together Online This Year
There’s no doubt that most lawyers are social creatures and that, until recently, the practice of law has been a hands-on, in-person, tradition-bound business. Litigators spend a large part of their professional lives in social settings: courtrooms, conference rooms, and public meeting spaces. Opportunities for in-person communication — “networking” — are vital for business development.…
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eLitigate Platform Improves Questioning, Document Handling in Remote Depositions
When the COVID-19 pandemic struck in early 2020, litigators reached for any technology they could find to conduct depositions at a safe distance. In most cases, that technology was Zoom video conferencing — an inexpensive, user-friendly technology platform that could, with preparation and practice, be repurposed for remote depositions. Remote depositions — many of them…
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Post-Pandemic Reforms Are Remaking the U.S. Justice System
When the COVID-19 pandemic struck in early 2020, the legal profession responded with a one-two punch. The first response was to fashion emergency procedures that enabled courts to function during the pandemic and, if possible, to find ways to use technology to replace in-person proceedings. Overnight virtual arraignments, virtual bench trials, and remote depositions emerged…
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4 Small Tech Investments That Pay Big Dividends for Remote Depositions
Professional communications today are pervasively mediated by technology. Courtrooms, conference rooms, and judges’ chambers — those familiar environments where most of a litigator’s work was traditionally accomplished — are now frequently replaced by microphones, cameras, and computer screens. As is the case with most technological progress, these changes carry both peril and opportunity. And while…
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Covid-Enforced Virtual Working Boosts Litigators’ Confidence In Tech Skills
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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Remote Depositions Prompt Novel Court Rulings on Discovery Practice
A prior post looked at two recent trial court rulings involving claims that witness coaching had occurred during a remote deposition, making the point that litigators can protect their clients against witness coaching by taking the time to craft a remote deposition protocol that ensures the integrity of remote depositions. As has proven to be…
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Preventing Witness Coaching During a Remote Deposition
Remote depositions raise unique challenges for litigators, foremost among them the need to ensure the integrity of the deponent’s testimony. In a typical remote deposition scenario, where the attorney taking the deposition is not in the same room with the deponent, the sound of off-camera voices or the sight of repeated off-camera glances by the…
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Legal Practice Areas That Are Thriving During the Pandemic
The economist John Kenneth Galbraith lumped all forecasters into two groups: those who don’t know what the future will bring, and those who don’t know they don’t know what the future will bring. This observation, while being both self-evident and humbling, hasn’t diminished one bit the business community’s ardor for the forecasting game. Some predictions…
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8 Critical Technologies for Today’s Next-Generation Litigators
When asked what they are looking for in a lawyer, business leaders and in-house counsel invariably say the same thing. Yes, they want a lawyer who is an expert in the relevant legal domain, whether it’s business regulation, products liability, or data privacy. Those skills are table stakes. Increasingly, the thorniest business challenges are those…
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Four Questions Litigators Should Ask Before Conducting an In-Person Deposition
As the United States emerges from a prolonged period of remote legal proceedings and reduced in-person interactions to minimize the transmission of COVID-19, many litigators are weighing the desirability of in-person depositions. This time around, however, there are considerations that were not present prior to the pandemic. Responsible lawyers must now take steps to protect the…
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