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eBook: The Deposition Is Over, Now What?

By Esquire Deposition Solutions | January 5, 2023

Experienced litigators know that a few moments of reflection and planning at the end of a deposition pay big dividends down the road. The deposition’s conclusion is the time to tie up loose ends with opposing counsel, reaffirm any stipulations that might have been made, ensure that the court reporter is properly instructed, and create…

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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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Zoom Isn’t the Place Where Remote Depositions Occur

By Esquire Deposition Solutions | December 13, 2022
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In the early, heady days of the commercial internet, legal scholars David Johnson and David Post wrote, “because events on the Net occur everywhere but nowhere in particular … no physical jurisdiction has a more compelling claim than any other to subject these events exclusively to its laws.” Johnson and Post were arguing, at the…

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Who Can Attend a Remote Deposition?

By Esquire Deposition Solutions | December 7, 2022
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Until very recently, the rule in many jurisdictions was that any individual could attend a deposition unless the trial court ordered otherwise. Some litigators brought expert witnesses to the deposition of the opposing party’s expert witness. First-time deponents sometimes sought the comforting presence of family members. And other litigants believed that the presence of fact…

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Are Lawyers to Blame for a Client’s Boorish Deposition Behavior?

By Esquire Deposition Solutions | December 1, 2022
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Seasoned litigators know that incivility toward opposing counsel and their clients is not only unprofessional but is, ultimately, a disservice to the client. Harsh words and dilatory behavior impair constructive communications among the lawyers involved in the case, raising costs for everyone and short-circuiting opportunities for reaching a settlement prior to trial. We’ve written several…

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With Threats Rising, New York Mandates Cybersecurity Training for Lawyers

By Esquire Deposition Solutions | November 21, 2022
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Beginning January 1, 2023, all attorneys in New York must take continuing legal education courses on cybersecurity topics as a condition of practicing law in New York. The new continuing legal education requirement, the first in the nation, was recently ordered by the New York Supreme Court, Appellate Division, which regulates the legal profession in that…

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Washington High Court Announces Preference for Remote Depositions

By Esquire Deposition Solutions | November 15, 2022
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Washington’s embrace of remote depositions is contained in a set of court rule revisions issued by the Washington Supreme Court Oct. 27. The rules took effect Oct. 31, the day that the governor’s emergency proclamation addressing court operations during the COVID-19 pandemic expired. For civil matters litigated in Washington state courts, all depositions will be subject to…

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Taming the Fears of First-Time Deposition Witnesses

By Esquire Deposition Solutions | November 9, 2022
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In his article Eight Traits of Great Trial Lawyers, former U.S. Federal District Judge Mark W. Bennett remarked that lack of preparation topped the list of trial lawyer shortcomings in his courtroom. “Preparation,” Judge Bennett wrote, “means thinking of every detail, especially when communicating with juries.” Modern discovery depositions are a good case in point. When…

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The Deposition Is Over, Now What?

By Esquire Deposition Solutions | November 1, 2022
Posted in

A few moments of housekeeping at the end of a deposition can pay big dividends later. After all, impressions of the deponent’s testimony are fresh and everyone involved in the deposition is present, either online or in the deposition room. Now is the time to clear up loose ends with opposing counsel, note any stipulations…

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Before You Press “Record” on a Zoom Deposition

By Esquire Deposition Solutions | October 26, 2022
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If you’ve ever wondered whether it’s possible to create a “video deposition” merely by recording a Zoom call, you’re not alone. After all, the litigators and witnesses, and the court reporter, are present, their voices and images transmitted – reliably, it appears – across the Internet to each other. The technology to make a video…

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Deposition Testimony Fell Short of Proving Fraud Against Insurer

By Esquire Deposition Solutions | October 18, 2022
Posted in

A prior blog post discussing effective cross-examination of expert witnesses during a deposition noted that litigators have an important decision to make when favorable, but unexpected, testimony is extracted from a deposition witness. Should the cross-examining attorney press the witness for additional details in an attempt to discover as much favorable testimony as possible? Or…

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Underwriters See Rising Ransomware Threats and Liability Exposure

By Esquire Deposition Solutions | October 12, 2022
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Ransomware is the wolf at the law firm’s door that just won’t go away. In fact, he’s getting bigger and hungrier. Ransomware attacks in recent years are more pernicious, more difficult to prevent, and more expensive to pay off. Enter cyber-insurance, a formerly sleepy corner of the insurance world that has become enormously complex and…

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