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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Remote Depositions Find Permanent Home in Revised Florida Court Rules
Earlier this month the Florida Supreme Court ordered sweeping changes to that state’s court rules, giving technology-driven virtual hearings and remote depositions a permanent role in the state’s judicial processes. The decision is further evidence of the widening acceptance of modern communications technology within the legal profession. The court said, in a July 14 opinion,…
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Technology Competence Is Key to Conducting Remote Depositions Ethically
We recently wrote about ethical considerations that are present in every deposition. We saw that the ethical rules applicable to depositions are mainly concerned with ensuring the integrity of the judicial process — professional obligations designed to guard against false testimony, overly coached testimony, or testimony that is unreliable in light of the circumstances under…
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Eight Ethical Pitfalls to Avoid at Your Next Deposition
The line dividing zealous advocacy and professional misconduct can be hard to spot, and it can appear with little advance notice during a heated moment in litigation. This is particularly true in pretrial depositions, which take place without judicial supervision and where the lawyers are left to call their own balls and strikes in question-and-answer…
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Congressional Committee Depositions: A Deposition Unlike Any Other
The summer of 2022 is turning out to be the summer of legislative investigations and their own special kind of deposition. These depositions are unique in the law, and they can materialize as quickly as a summer thunderstorm. Americans following the activities of the House Select Committee to Investigate the January 6th Attack on the…
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Depose Witnesses Early or Risk Losing Their Testimony, Experts Say
Last week’s blog post on celebrity misbehavior during depositions made the point that deponents who answer uncomfortable questions with civility, humility, and honesty have the best chance for a successful outcome. There was, however, another lesson that could have been drawn from those same cases. For any number of reasons, critical witnesses won’t necessarily be…
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What Can We Learn From Celebrity Depositions?
Is it just us, or have there been a lot of high-profile deposition disputes lately? It sure seems so. And all of them, at their core, involve rich and famous people who just will not, can not, and do not want to give deposition testimony under oath. Deposing deposition-shy celebrities is an uphill battle. They’re…
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Will Remote Depositions Shape Outcomes in Disputes Over Deposition Locations?
The Georgia Supreme Court’s ruling in General Motors LLC v. Buchanan, No. S21G1147 (Ga. June 1, 2022), the subject of last week’s blog post, discussed factors courts should weigh when deciding whether a high-level corporate executive should be forced to sit for a deposition under Georgia’s pretrial discovery rules. The Buchanan court declined to adopt the…
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Georgia Sets New Ground Rules for Deposing High-Level Executives
Much of the law is about balancing interests, and pretrial discovery is no exception. On the one hand, parties in litigation are entitled to discovery of any unprivileged information that could lead to admissible evidence at trial. Affording the parties wide latitude in discovery gives everyone the fullest opportunity to vindicate their legal rights. Extensive…
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What Lawyers Can Learn from Web Design Experts
When website designers mention the term “usability,” they’re referring to a website’s ability to efficiently convey information to an online visitor and, hopefully, convert that visitor into a paying customer. In a highly competitive online environment, e-commerce websites live and die based on their ability to accomplish this feat. A poorly designed website will not…
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SOC Reports Provide Critical Insights on Vendor Data Security Practices
I’ve written several times during the past year about the importance of information security for legal professionals. Mitigating the threat of unauthorized access to client confidential information is one of the most challenging operational responsibilities that law firms face today. Although there was a time when some legal community leaders believed that lawyers were not…
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