Esquire Viewpoint: Getting you ready for what's next in litigation
The world of litigation is rapidly evolving. Learn how to get more from your investments, improve outcomes and seize the opportunities inherent in change.
eBook: The Deposition Is Over, Now What?
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…Read More
Covid-Enforced Virtual Working Boosts Litigators’ Confidence In Tech Skills
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…Read More
eBook: Seven Keys to a Perfect Deposition Transcript
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…Read More
eBook: COVID-19’s Impact on the Future of Virtual Depositions
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…Read More
eBook: Make Your Zoom Meeting as Secure as Possible
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.Read More
Deposition Cross-Examination of Expert Leads Court to Dismiss Malpractice Claim
We recently wrote on strategies for effectively cross-examining expert witnesses, noting that litigators can make good use of deposition time by exploring in detail the facts supporting the expert’s opinion. While it is difficult through cross-examination to cause an expert to abandon his or her opinion, it is nevertheless true that even the most damaging…Read More ...
How COVID-19 Changed the Court Reporting Industry for the Better
The story of how the legal profession embraced technology almost overnight in order to keep the justice system functioning through the COVID-19 pandemic is by now a familiar one. Just as Dorothy discovered in The Wizard of Oz that she always had the ability to return to Kansas, so too lawyers discovered they always had…Read More ...
Do Remote Depositions From Home Violate Rule 45(c)’s 100-Mile Subpoena Limit?
We recently blogged about a case in which a court ruled that a subpoena for a remote deposition did not violate Federal Rule of Civil Procedure 45(c)’s 100-mile limit on subpoenas for non-party witnesses because the deponent would be testifying – remotely – within 100 miles of his residence. The court’s ruling made a lot…Read More ...
Effective Cross-Examination of Experts During Deposition
Although it’s undoubtedly true that patent litigators have deep expertise in their corner of the scientific world and Texas oil attorneys could teach a college geology class, the fact remains that most litigators do not share the same level of expertise as the expert witnesses they depose in contested, complex cases. This disparity in subject-matter…Read More ...
Remote Depositions Find Permanent Home in Revised Florida Court Rules
Earlier this month the Florida Supreme Court ordered sweeping changes to that state’s court rules, giving technology-driven virtual hearings and remote depositions a permanent role in the state’s judicial processes. The decision is further evidence of the widening acceptance of modern communications technology within the legal profession. The court said, in a July 14 opinion,…Read More ...
Technology Competence Is Key to Conducting Remote Depositions Ethically
We recently wrote about ethical considerations that are present in every deposition. We saw that the ethical rules applicable to depositions are mainly concerned with ensuring the integrity of the judicial process — professional obligations designed to guard against false testimony, overly coached testimony, or testimony that is unreliable in light of the circumstances under…Read More ...
Eight Ethical Pitfalls to Avoid at Your Next Deposition
The line dividing zealous advocacy and professional misconduct can be hard to spot, and it can appear with little advance notice during a heated moment in litigation. This is particularly true in pretrial depositions, which take place without judicial supervision and where the lawyers are left to call their own balls and strikes in question-and-answer…Read More ...
Congressional Committee Depositions: A Deposition Unlike Any Other
The summer of 2022 is turning out to be the summer of legislative investigations and their own special kind of deposition. These depositions are unique in the law, and they can materialize as quickly as a summer thunderstorm. Americans following the activities of the House Select Committee to Investigate the January 6th Attack on the…Read More ...
Depose Witnesses Early or Risk Losing Their Testimony, Experts Say
Last week’s blog post on celebrity misbehavior during depositions made the point that deponents who answer uncomfortable questions with civility, humility, and honesty have the best chance for a successful outcome. There was, however, another lesson that could have been drawn from those same cases. For any number of reasons, critical witnesses won’t necessarily be…Read More ...
What Can We Learn From Celebrity Depositions?
Is it just us, or have there been a lot of high-profile deposition disputes lately? It sure seems so. And all of them, at their core, involve rich and famous people who just will not, can not, and do not want to give deposition testimony under oath. Deposing deposition-shy celebrities is an uphill battle. They’re…Read More ...
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