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Covid-Enforced Virtual Working Boosts Litigators’ Confidence In Tech Skills

By Esquire Deposition Solutions | November 2, 2021

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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eBook: Seven Keys to a Perfect Deposition Transcript

By Esquire Deposition Solutions | August 18, 2021

Conducting remote depositions during the COVID-19 pandemic required attorneys to litigate cases under unfamiliar circumstances as everyone coped with social distancing and other government health mandates fashioned in response to the COVID-19 pandemic. Regardless of the circumstances, however, the litigator’s objective has always been the same: to create an accurate record of the deponent’s testimony…

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eBook: COVID-19’s Impact on the Future of Virtual Depositions

By Esquire Deposition Solutions | May 10, 2021

Historically, face-to-face depositions have been the norm in litigation. Even as technology has advanced over the last several decades, ushering the world into the internet age, legal practice has clung to tradition. In the last 15 years, there has been a steadily growing acceptance of technology’s role in litigation due in no small part to…

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eBook: Make Your Zoom Meeting as Secure as Possible

By Esquire Deposition Solutions | March 11, 2021

This eBook reviews security measures deployed by Zoom and security measures that should be adopted by users of the platform. Together, they can create an information-sharing environment that meets the legal profession’s ethical obligation to take reasonable measures to protect client information from access by unauthorized persons in most uses.

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eBook: Elements of a Strong Remote Deposition Protocol

By Esquire Deposition Solutions | February 23, 2021

Remote depositions are an efficient means of obtaining discovery at a time when few are able or willing to travel or gather in groups. More importantly, the reality for litigators today is that it is very difficult to obtain a continuance until some future date when the public health crisis will abate sufficiently to allow in-person depositions to resume.

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Courts Encouraged to Standardize Remote Hearing Procedures

By Esquire Deposition Solutions | April 27, 2022
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Although remote court hearings continue to be afflicted by technical glitches and stressed-out judges tethered to their computers for hours on end, the benefits of remote hearings are worth investing the time and resources necessary to make them a permanent, reliable part of the administration of justice in this country. Everyone, it seems, benefits from…

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North Carolina Appellate Court Says Civil Litigants Have Constitutional Right to the Physical Presence of Counsel During Depositions

By Esquire Deposition Solutions | April 19, 2022
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A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with the hospital’s witnesses during remote depositions, according to an April 5 ruling from the North Carolina Court of Appeals. The court’s ruling in Hall v.…

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10 Reasons to Consider Video Depositions Now

By Esquire Deposition Solutions | April 12, 2022
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It’s one thing to say that video is more impactful than the spoken word or words printed on a sheet of paper. But it’s quite another to personally experience the power of video, as we all have during the past two years of virtual hearings, Zoom meetings, and remote depositions. Litigators today know that video…

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Discovery Depositions and Hearsay Evidence

By Esquire Deposition Solutions | April 5, 2022
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The California Supreme Court recently issued an important ruling on the use of civil discovery depositions in lieu of trial testimony. The court’s opinion in Berroteran v. Los Angeles County Superior Court, No. S259522 (Calif. Sup. Ct., March 7, 2022), removed from the books an intermediate appellate court decision that it believed would have admitted…

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Reasonableness During Discovery Disputes: The Hidden Hallmark of a Great Litigator

By Esquire Deposition Solutions | March 29, 2022
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If asked to list the qualities of a successful litigator, most people would sketch a similar profile: a zealous advocate for the client, a winner, a person with tenacity, intelligence, and the ability to bring judges and juries around to the litigator’s point of view. How about “reasonable”? One trial judge believes that’s a critical…

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New York Weighs First-Ever Cybersecurity CLE Requirement

By Esquire Deposition Solutions | March 22, 2022
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The New York State Unified Court System recently published for public comment a proposal that would require state’s lawyers to take one hour of continuing legal education (CLE) on cybersecurity topics. The proposal, if adopted, would make New York the first state to explicitly require cybersecurity education for its attorneys. New York officials want attorneys…

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Lawyers: Be Smart (and Ethical) With Those Smart Devices

By Esquire Deposition Solutions | March 15, 2022
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Cameras and microphones are everywhere, capturing our movements and recording every sound within their reach. The cell phone, the voice assistant, the family car, the pet camera, even that new sous vide precision cooker. They’re all listening or watching. Nearly everyone is aware of these devices. But are we sufficiently aware of them? Do we…

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More Bar Regulators Approve Remote Work Arrangements

By Esquire Deposition Solutions | March 8, 2022
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For any number of reasons, lawyers are increasingly working across state lines. During the COVID-19 pandemic, health regulations prevented many lawyers from traveling to law offices. They remained home, working remotely, sometimes physically located in a state where they were not licensed to practice law. Other lawyers are practicing law temporarily in jurisdictions where they…

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Is Your Cyber Insurance Keeping Up With The Times?

By Esquire Deposition Solutions | March 1, 2022
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The threat to law firms posed by data breaches and ransomware has been in the news lately —and for good reason. The financial and reputational fallout from a data breach or successful ransomware attack can be catastrophic. We’ve written about the topic ourselves (here, and here, and here). One line of defense that’s frequently recommended…

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Florida Weighs New Rule on Attorney Behavior During Depositions

By Esquire Deposition Solutions | February 22, 2022
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The rules governing the manner in which depositions are conducted in Florida may soon be changing. Proposed new court rules would limit the types of objections attorneys can legally make during depositions, restrict their ability to direct witnesses not to answer questions, and authorize courts to fine attorneys if their witnesses fail to appear for…

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