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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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…
Pretrial Discovery and the Vanishing Trial
It’s not exactly news that civil trials in America are disappearing. The numbers are dramatic: When the Federal Rules of Civil Procedure took effect in 1938, roughly 20% of federal civil cases reached trial. By 1962, the trial rate had dropped to about 12%. In 2016, according to the article “Going, Going, But Not Quite…
Confidentiality Comes First When Clients Give False Deposition Testimony
Clients dissembling in depositions place their lawyers in a difficult position, a situation we’ve noted in a prior article. Does the lawyer’s obligation to preserve client confidences protect the client’s false statement from immediate exposure? Or does the lawyer’s duty of candor to the tribunal override any ethical obligations to the client? D.C. Bar Ethics…
Client Use of AI Creates Possibly Discoverable Information
Judge Jed Rakoff’s recent opinion in United States v. Heppner has generated quite a bit of discussion among litigators for its conclusion, apparently a first, that divulging information to a consumer-grade generative artificial intelligence tool prevented assertion of attorney-client privilege over both the inputs to, and outputs of, the tool. The ruling may not come…
Proven Steps to Efficiently and Ethically Obtain HIPAA-Protected Medical Records
Medical records win and lose civil cases. They corroborate testimony, quantify damages, and often compel early settlements. However, medical records are protected by the federal Health Insurance Portability and Accountability Act (HIPAA) and, in many states, by state-level health privacy protections as well. For this reason, litigators seeking medical records during pretrial discovery encounter hurdles…
When Depositions Are the Least Burdensome Form of Discovery
Civil litigators accustomed to treating depositions as the most expensive option in pretrial discovery may want to reconsider. In some situations, a deposition can prove less burdensome than interrogatories or document production requests — particularly when a party faces the daunting prospect of collecting, reviewing, and producing large volumes of electronically stored information. Understanding when…
Florida Trial Courts Demand Disclosure of AI Use in Pleadings
The two largest judicial districts in Florida will now require lawyers to certify whether artificial intelligence was used in any fashion to create pleadings filed in their courts. Legal research and document drafting, both common uses of generative artificial intelligence, are covered by the certification requirement, as are discovery materials such as deposition summaries. The…
Proposed Rule 45 Amendments Clarify Subpoena Power Over Distant Witnesses
February 16 is the end of the public comment period on recently proposed federal rule changes affecting remote testimony and remote depositions. The rules revisions would make clear that federal trial courts have authority to order nonparties to give remote trial testimony from locations within 100 miles of their residence or employment address. The rules…
Predictions for 2026: More AI, More Litigation
No one can reliably predict the future – not even Harvey, Claude, Paxton, or any of those other fast-talking, self-assured helperbots. Except if the prediction concerns the state of the legal profession in 2026. On that topic, everyone agrees. Artificial intelligence will radically reshape the practice of law in 2026. Most attorneys now believe that…
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