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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AI Drives Arizona’s First-in-Nation Judicial Tech Competence Rule
The Arizona Supreme Court has added the ethical obligation of technology competence to the state’s judicial ethics code. The court’s decision to explicitly insert a technology competence requirement into its rules for judges is a first in the nation. The need to cope with and ethically deploy artificial intelligence technologies appears to be the leading…
Georgia Bar Issues Guidance on Ethical Use of Vendors to Handle Records Requests
Last week’s article discussed the administrative challenges associated with retrieving medical records held by non-parties in litigation, as well as the efficiencies that might be gained by outsourcing this task to a third-party vendor. In practice, the task of collecting during pretrial discovery a comprehensive set of medical records is not necessarily straightforward. Relevant records…
Records Retrieval Vendors Ease Collection of Case-Critical Evidence
Navigating laws protecting patient medical records is a time-consuming task, even for the experienced, privacy-savvy litigators. Laws vary from state to state, and the laws themselves, being relatively new, are challenging to interpret even for dedicated health privacy experts. Records Drive Pretrial Discovery Efforts This state of affairs creates a not-insignificant operational headache for litigators….
Florida Considers “Cameras On” Requirement for Remote Depositions
The Florida Supreme Court is seeking public comment on a proposed civil procedure rules change that would require attorneys to have their computer cameras on at all times during remote depositions. While all jurisdictions in the United States permit, or officially encourage, remote depositions, few prescribe in detail how remote depositions will be conducted, leaving…
Remote Deposition Best Practices in 2025
The purpose of this article is to provide a high-level reminder of the leading practice-related issues litigators should keep in mind when approaching their next remote deposition. The information provided here consists of best practices gleaned from court rules and lawyer ethics opinions published during the past five years, as the legal community initially confronted,…
eBook: Elements of a Strong Remote Deposition Protocol
This guide equips legal professionals with practical protocols for conducting remote depositions securely and efficiently, helping you streamline logistics, safeguard confidentiality, and reduce the need for unnecessary travel. Click the button below to download our eBook.
A Dozen Great Litigation Podcasts
What follows is a list of 12 well-made podcasts that address legal issues of broad interest to litigators in the United States. It’s not a collection of “best podcasts” or an endorsement of any individual podcast or its producer. Instead, think of this list as that small sliver of the podcasting universe deserving of the…
Federal Court Turns Up the Heat on Attorneys Using ChatGPT for Research
Most lawyers regard Mata v. Avianca, Inc., 678 F. Supp. 3d 443, 448 (S.D.N.Y. 2023), as the leading case on the consequences of misuse of generative artificial intelligence in legal pleadings. It was from Mata v. Avianca that the legal community first became widely aware of the distinct possibility that publicly available generative AI tools…
AI-Generated Evidence Calls for Searching Judicial Inquiry
So-called “deepfake evidence” and computer-authored legal pleadings share, in several respects, similar attributes. They’re each created by widely available artificial intelligence technologies. They can be highly persuasive, even when false or fanciful. And they each have the potential to undermine the integrity of the civil justice system by injecting difficult-to-detect, compelling-but-unreliable digital materials into legal…
How Jury Instructions Can Support Deposition Preparation
Experienced litigators often describe successful trial preparation as a process that begins with identifying desired outcome, followed by “reverse engineering” the constituent parts of the desired result. In most cases, the constituent parts of civil litigation leading to a successful jury trial are the pleadings, pretrial discovery and deposition practice, witness testimony at trial, trial…
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