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.
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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The Need to Translate Pleadings for Service Overseas
A recent blog described the times when litigators are required to translate into English foreign-language documents exchanged during pretrial discovery, an increasing obligation driven by the global reach of modern multinational corporations and online business activities. Similar forces are at work in the area of service of process. More than ever, U.S.-based litigators are filing…
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The Power of Depositions
Dismissal of a lawsuit is a rare sanction for a discovery violation, but it happened recently in a workplace discrimination lawsuit, due in large part to two probing depositions that called into question one party’s assertion that she had turned over all relevant text messages stored on her cell phone. The case underlines a principle…
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Document Translation Challenges in Modern Litigation
The increasing globalization of business, through Internet-based commerce and the activities of multinational corporations, has made it more likely than ever that litigators in U.S. courts will be confronted with documents written in languages other than English. These might be business records, contracts, patent descriptions, internal e-mail communications, or – due to liberal pretrial discovery…
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Using Technology to Trim Litigation Costs
The emergence of artificial intelligence as a critical legal technology has prompted discussions among law firm leaders regarding how AI usage should be disclosed to clients and who – the law firm or the client – should benefit from any resulting cost savings. While artificial intelligence technologies will undoubtedly play a role in minimizing litigation…
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Protective Order Preventing Deposition Leads to New Trial
Jury trials are expensive. They disrupt jurors’ lives for days or weeks,. They demand the complete attention of court personnel. They require witnesses to make time for court appearances and travel to and from the courthouse. And they cause the litigators to back-burner the concerns of other clients for the trial’s duration. No wonder appellate…
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Taxation of Deposition-Related Costs in Federal Courts
As litigators know, the United States follows the so-called “American Rule” when apportioning the costs of litigation. Unless a statute specifically provides otherwise, parties in court are responsible for their own attorneys’ fees, regardless of outcome. The spirit of this rule applies to other litigation-related costs as well: the losing side in civil litigation typically…
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Skeptical Magistrate Rebuffs Demand for In-Person Deposition
If we can do weddings, funerals, healthcare, work, and trials via videoconference, surely we can do the same with depositions. And with that closing remark, a federal magistrate judge summarily dispatched one litigant’s demand that her opponent be ordered to travel across the Atlantic Ocean to sit for an in-person deposition. The case, McCabe v.…
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Deposing the Terminally Ill Litigant
Broadly speaking, most personal injury claims survive the death of the plaintiff. They live on as survivor’s actions or wrongful death claims brought by representatives of the deceased plaintiff’s estate. Although seriously injured or terminally ill plaintiffs may no longer be a party to their legal actions, their testimony is often crucial to the value…
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How Emotional Intelligence Can Improve Deposition Outcomes
We’ve written a lot here about the leading traits of effective litigators and the growing role that aspirational values such as professionalism and civility might play in a successful litigation practice. Articles on the need to be reasonable during discovery disputes, on the ways in which a litigator might be responsible for a client’s disrespectful…
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Proceed With Caution on Out-of-State Depositions
Many attorneys have long and successful careers without ever having to practice law outside of the jurisdiction where they obtained their license. But for litigators and in-house counsel, the need to be conversant with the rules governing multi-state practice and the process for gaining temporary permission to represent clients before an out-of-state tribunal is a…
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