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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In Jury Duty Show, Technology Incompetence Takes Center Stage
People of a certain age remember when lawyers were almost always depicted in movies and television as competent, resourceful, honest, and zealous courtroom advocates for their clients. Long-running courtroom dramas such as Perry Mason, Matlock, and Law & Order demonstrated to viewers the vital role hard-working lawyers play in enforcing the rule of law for…
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States Weighing Rule Changes for Depositions
Summer is over and court administrators are back at work, churning out proposals for streamlining litigation and increasing the constructive use of remote technologies to handle judicial business. This blog post identifies four state courts that recently proposed new rules affecting, either directly or indirectly, the way depositions are conducted in their jurisdictions. No More…
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The Trial Is Over, So Why Schedule a Deposition?
Depositions are a potent pretrial discovery and trial preparation tool. They allow parties to gather information regarding any non-privileged matter that is relevant to a party’s claim or defense. Through depositions, litigators are able to evaluate the credibility of potential witnesses, authenticate key documents, gain admissions that might narrow the scope of issues to be…
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Litigation Is Starting to Resemble Reality TV
Ever since the ABA advanced the principle that “competent representation” includes the duty of technology competence, lawyers have developed an understanding of the many ways in which technology affects law practice and the interests of clients. Certainly, vigilance on cybersecurity matters falls within a modern lawyer’s expected professional competence. As does taking care with the…
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Keeping Deposition Transcripts Confidential in the Internet Age
Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public view in locked filing cabinets and on law firm and court reporting agency computer networks. That’s the way litigators like it. Pretrial…
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New York Courts Weigh Improvements to Pretrial Conferences
In theory, pretrial conferences streamline litigation by setting discovery deadlines and encouraging parties to take a hard look at all relevant issues in the case and, if possible, reach a settlement before trial. In practice, however, pretrial conferences often fall short of this ideal. They can be go-through-the-motions affairs conducted by lower-level associates who are…
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How to Navigate Common Remote Deposition Trouble Spots
Even today some attorneys approach remote depositions with a small measure of trepidation. They worry that the lack of physical proximity diminishes their ability to engage with the deponent. They wonder how they can effectively, and efficiently, introduce and use digital exhibits. And they worry that the remote environment is an invitation for mischief. Fortunately,…
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ABA Urges Lawyers to Raise Their Cybersecurity Game
The American Bar Association has again called on law firms to do more to protect their computer systems from intrusion by bad actors. The ABA’s House of Delegates approved Aug. 8 a trio of resolutions addressing cybersecurity topics – all with essentially the same message: Law firms have a vital role in protecting confidential information entrusted…
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Availability of Remote Depositions May Pressure Expert Travel Expenses
Reasonable expenses for an expert witness deposition surely include the expert’s travel time, airfare and hotel accommodations. Right? It’s true that litigators are free to make their own financial arrangements regarding the payment of an expert’s fees and deposition-related charges. Charges for travel time, business-class airfare, meal allowances, and accommodations for multiple nights at business-class…
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Courts Want to See Just the Relevant Portions of Deposition Transcripts
In the federal system, deposition testimony often provides crucial evidentiary support for summary judgment motions— a key procedural device for narrowing contested issues that require trial or, in some cases, eliminating the need for trial altogether. Deposition testimony can only serve this purpose, however, when it is properly cited and presented for the trial judge’s…
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