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.
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Revised State Data Breach Laws Demand Attention
I’ve written quite a bit during the past year about cybersecurity, urging lawyers to take seriously their obligations to protect client confidential information and to be judicious when acquiring technology and services that will be used to store and transmit client data. I’m returning to the topic of cybersecurity again today, this time to note…
Read More ...The Deposition Service Provider’s Role in Trimming Insurance Industry Expenses
Back in 2017, we wrote about the impact that modern deposition management services can have on the leading impediments to insurance company profitability: unallocated loss adjustment expenses (ULAE), allocated loss adjustment expenses (ALAE), and losses paid out to claimants. Today, as the world emerges from the COVID-19 pandemic and into an era of uncertain insurance…
Read More ...The Role of Depositions in Preserving Trial Errors for Review
Whether it’s during a deposition or during trial, the job of preserving errors for judicial review is a vital part of the litigator’s professional obligation to his or her client. Many trial outcomes turn on evidentiary rulings, particularly on the exclusion of evidence that one party believes is absolutely essential to its case. When this…
Read More ...Court Reporting’s Alphabet Soup: What Do Those Letters Mean?
As an attorney, paralegal, or legal assistant seeking the services of a court reporting professional, have you ever wondered what all those letters following a court reporter’s name mean? They’re professional certifications, the “alphabet soup of court reporting,” and they hold the key to finding the right court reporter for your next deposition, hearing, or…
Read More ...Lawyers, Be Tough Customers When Purchasing Technology
Lawyers, ask yourselves: Can I ethically connect my work laptop computer to an unsecured public Wi-Fi network? What data security measures are in place at the technology vendors that store and process my clients’ confidential information? Do the software applications that process my clients’ confidential information have the latest security updates? If you don’t know…
Read More ...Virtual Proceedings Demand Litigators’ Best Efforts
Courts are now reopening across the country and the social distancing requirements that upended traditional civil litigation practices for the past year are gradually being eliminated. The “old normal” appears to be just around the corner. No more need to polish those hard-earned virtual advocacy skills, right? Yes and no. Although it’s true that in-person…
Read More ...Litigators Urge Caution With Virtual Jury Trials
Legendary jurist Oliver Wendell Holmes wrote that “hard cases make bad law,” by which he meant that a legal rule fashioned for an extraordinary circumstance can be inappropriate for the resolution of everyday disputes. Holmes’ century-old aphorism was recently invoked by several experienced litigators in a discussion about the merits of virtual justice and whether…
Read More ...Litigators Share Their Best Advice for Succeeding in Remote Depositions
For litigators, representing clients during the COVID-19 pandemic has meant developing the skill to effectively conduct a remote deposition. With few courts willing to wait for the day when in-person depositions could safely return, remote depositions — a somewhat novel discovery device in pre-pandemic times— became, out of necessity, the norm. In a litigation environment…
Read More ...16 Tips To Nail Your Next Remote Deposition or Hearing
The American Bar Association’s Litigation Section recently gathered two experienced virtual advocates and one judge to discuss their experiences handling remote depositions and virtual trials during the COVID-19 pandemic. The lessons they dispensed were the product of hard-earned experiences in early 2020 — the pioneering days of virtual proceedings. Some were earned through practice and…
Read More ...In-House Counsel Rely on Values, Teamwork to Navigate COVID-19 Challenges
Businesses and their legal counsel are being stress-tested by unprecedented developments largely out of their control: the 2020-21 COVID-19 pandemic and growing social unrest arising from racial justice issues in the United States. Top lawyers at three multinational corporations recently explained how their organizations navigated these uncharted waters and how the experience is driving positive…
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