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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Deposing the Expert Witness
The first in a series of articles on basic strategies for questioning commonly encountered witnesses in civil litigation. This week: expert witnesses. Few depositions carry more weight than the one taken of the other side’s expert. Expert opinions often decide complex civil cases — whether the dispute concerns medical causation, lost profits, a tire failure,…
New York’s Part 161 Will Reshape AI Use in Depositions
Effective June 1, New York lawyers will be required to navigate a new rule governing the use of artificial intelligence technology by attorneys and parties who submit papers to New York state courts. In local jurisdictions that adopt the rule, all litigators who rely – or plan to rely – on generative AI tools to…
Remote Depositions Shape Venue Transfer Rulings
Remote depositions are more than a convenience to litigants and witnesses, a tool to trim expenses, or a means to move civil litigation forward amid a shortage of court reporters. They’re also having an impact on the substance of the law, as courts discover that considerations of geography and travel distances are less important than…
Federal Committee to Weigh Permitting Depositions in Criminal Cases
Federal criminal rules experts may soon begin studying something the federal criminal system has resisted for more than 80 years: allow parties to take pretrial depositions in criminal cases. A proposal to do just that landed in front of the Administrative Office of the U.S. Courts’s criminal rules advisory committee last year, and now there…
Federal Judges Set Bar for Deepfake Evidence Challenges
A “deepfake” objection backed by nothing more than the word itself will get a litigant nowhere in most federal courtrooms, according to a recent survey of federal judges and magistrates. This conclusion emerges from a survey released March 25, 2026, by the Federal Judicial Center. The Administrative Office of the U.S. Courts’s Advisory Committee on…
Deposition Skills Valued in “Alternate Path” Law License Initiatives
For aspiring lawyers, the bar exam has long stood as the gatekeeper — a two-day ordeal that measures memorization and time-pressured writing but largely ignores the real-world skills involved in representing clients. For successful bar examinees, those skills come later. That state of affairs is changing. In October 2025, the Utah Supreme Court approved Supreme…
Managing AI Data in Pretrial Discovery
Several weeks ago, this blog reported on Judge Jed Rakoff’s widely discussed “AI is not your lawyer” pronouncement in United States v. Heppner. The court’s conclusion that attorney-client privilege was waived with respect to information that a client divulged to a consumer-grade generative artificial intelligence tool – when coupled with other recent court rulings explaining…
California Ethics Panel Turns Up the Heat on Artificial Intelligence
California bar regulators are escalating efforts to address the worst ethical side-effects of artificial intelligence tools in legal services delivery. Under proposed changes to that state’s code of professional conduct, broad ethical demands that lawyers demonstrate competence, candor, and confidentiality will be joined by seven explicit admonitions regarding one particular technology: artificial intelligence. The State…
What It Means to Be Technology Competent in 2026
When the ethical duty of technology competence officially arrived in 2012, courtesy of new Comment 8 to Rule 1.1 of the ABA Model Rules of Professional Conduct, the expectations were relatively modest. Much has changed since then. Technology is now deeply embedded in the legal profession, bringing both new risks and new opportunities that demand…
What Role Will AI Play in Settlement Rates?
Last week’s blog examined whether pretrial discovery methods — and depositions in particular — have been responsible for the dramatic decline in civil trials. While the available evidence suggests that liberal discovery rules clearly contribute to pretrial resolutions, nobody has measured exactly how much. Meanwhile, two powerful forces are quietly reshaping how civil claims are…
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