Esquire Viewpoint: Getting you ready for what's next in litigation

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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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Cyber Insurance for Law Firms | Cyber Insurance Coverage for Data Breach Losses

Assessing Cyber Insurance Coverage for Data Breach Losses

By Esquire Deposition Solutions | January 26, 2021
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Cybersecurity liability insurance policies are finding increased favor among law firms. We dive into the data behind this growi

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Are We Taking Data Security Seriously Enough?

By Jim Ballowe | January 19, 2021
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Every litigator should be able to give a positive answer to the following question: “Did I do everything reasonably possible to protect my clients against the loss of information they entrusted to me?” Although most attorneys would find the question well-timed and entirely legitimate, the unfortunate reality is that many law firms are not taking…

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What the Legal Profession Was Reading in 2020

By Esquire Deposition Solutions | January 12, 2021
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Yogi Berra, a data science pioneer and Hall of Fame manager for the New York Yankees, once declared, “You can observe a lot just by watching.” How true. It’s in that same spirit we take a look at our 2020 output to see what, if anything, can be asserted about the state of the legal…

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Advice on Virtual Jury Trials From Online Pioneers

By Esquire Deposition Solutions | January 5, 2021
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Jury trials are among the last pieces of the judicial system to undergo a virtual transformation in the wake of the COVID-19 pandemic. Although some aspects of jury trials will never be replicated online — for example, the bonding process that jurors experience after spending days or weeks together — courts across the country have…

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Practical Presentation Tips for Your Next Virtual Proceeding

By Esquire Deposition Solutions | December 15, 2020
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Litigation moved online in a big way in 2020, demanding that attorneys learn new advocacy skills and shed tried-and-true courtroom habits that do not work well in virtual courtrooms, remote depositions, and other online environments. For example, the act of looking at the audience — an instinctive and powerful technique for in-person presenters — can…

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Technology Tips From Virtual Trial Experts

By Esquire Deposition Solutions | December 8, 2020
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Virtual trials are different from in-person trials. They demand technology that is unfamiliar to many and a new approach to trial advocacy, where the litigator’s voice and physical presence have been replaced by a video transmission that is, in many cases, substantially outside of the litigator’s control. Some attorneys are mastering this new litigation environment,…

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Remote Technology and Trials After COVID-19

By Esquire Deposition Solutions | December 2, 2020
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The legal community’s forced apprenticeship with remote technology during the COVID-19 pandemic changed, almost overnight, how litigation is conducted in the United States. From mundane interactions like client meetings to courtroom hearings with constitutional significance like arraignments and trials, courts and lawyers have replaced in-person processes with technology-enabled, socially distant substitutes wherever feasible and lawful.…

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Will In-Person Depositions Vanish Before COVID-19?

By Esquire Deposition Solutions | November 18, 2020
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Did you notice that in-person depositions and remote depositions traded places in 2020? Legally speaking, that is. When 2020 began, in-person depositions were the default means of obtaining pretrial testimony. Remote depositions were possible, of course, but only by stipulation or court order. As 2020 ends, the situation is reversed. Remote depositions — widely encouraged…

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Looking Your Best During Remote Depositions

By Esquire Deposition Solutions | November 10, 2020
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Few in the legal community question the aphorism that “appearances matter.” They do. Rightly or wrongly, typos in a brief, tardiness, or other signs of inattention to detail are all impediments to successful representation of the client. A lawyer’s attire can also promote, or detract from, professional success. A neat and professional personal appearance projects…

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When Deposition Advocacy Becomes Unethical

By Esquire Deposition Solutions | November 4, 2020
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The German philosopher Arthur Schopenhauer, a cranky cultural observer who believed human beings were doomed to an existence no more fulfilling than the lives of moles, was nevertheless clear-eyed about the value of civility. Willful incivility, Schopenhauer wrote, is as foolish as setting your house on fire. For litigators, incivility during a deposition can have…

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