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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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…
Read More ...Wisconsin Lawyers May (But Shouldn’t) Secretly Record Others
In an age when nearly everyone carries on their person a tiny recording device in the form of a smartphone, the question of whether it is lawful to surreptitiously record conversations with others comes up often. One never knows when an accurate and credible record of a conversation might be useful. In all but a…
Read More ...For Litigators, “Dedicated” Is the New “Zealous”
Litigators, which would you rather be: a “zealous advocate” for your client? Or one who is “conscientious and ardent” is pursuit of the client’s interests? Most litigators, we suspect, would choose the latter description today. It fairly implies that litigators may, in their pursuit of the client’s interest, be required to balance other important considerations.…
Read More ...Florida’s Lawyer Leaders Push Ethical Guardrails for AI Use
It seems Florida’s lawyers are determined to stay ahead of the curve when it comes to the use of artificial intelligence tools in the practice of law. On Jan. 19, The Florida Bar’s Board of Governors published new guidance on how Florida’s lawyers can ethically deploy artificial intelligence tools. The ethical guidance underscores the need for…
Read More ...Regarding Depositions Seeking Meta-Discovery
Experienced litigators are familiar with the tension between the federal legal system’s policy favoring liberal pretrial discovery into all relevant matters and the countervailing policy forbidding discovery that is oppressive or imposes an undue burden or expense. One situation in modern litigation where this tension frequently arises is when a party is concerned that the…
Read More ...Will AI Deposition Assistants Be Ethical?
By now most lawyers are familiar with the story of DoNotPay, the company that promised to provide a traffic offense defendant with a “robot lawyer” to fight the ticket in court. The plan went like this: The defendant would be assisted at trial by generative artificial intelligence tools (e.g., ChatGPT and DaVinci) that monitored courtroom…
Read More ...Quick Tips for Ethical, Effective Deposition Witness Prep
If the word “Shaq” conjures up the image of professional basketball legend and amiable IcyHot liniment pitchman Shaquille O’Neal, you could be missing out on a valuable mnemonic device for preparing witnesses for deposition: Short Honest Answers to Appropriate Questions, or SHAQ. In a deposition, a short answer gives the other side as little to…
Read More ...AI in Law Practice Commanded Attention in 2023
Who would have thought that a profession not widely associated with tech savvy would be consumed with interest in artificial intelligence technologies in 2023? Yet that was certainly the case, as readership numbers for AI-related articles we published in 2023 significantly outpaced all others. We suspect that the reason is that artificial intelligence sits at…
Read More ...Artificial Intelligence, the Litigator’s Friend
Like everyone else in the legal community, this year we read an enormous amount of writing on the impact of artificial intelligence on the practice of law. We noticed how initial reports predicting catastrophe for the legal profession gave way to discussions of the many ways that artificial intelligence will create efficiencies and empower lawyers…
Read More ...Federal Litigants Can’t Insist on In-Person Depositions
Way back in April 2020, during the early days of the COVID-19 pandemic, a federal magistrate judge in Colorado had already seen enough to offer the following plea that lawyers reassess their habit of traveling long distances to conduct depositions: There is every reason to hope, however, that some of the lessons learned during the…
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