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What to Do After Asserting a Deposition Objection
The rule seems simple enough: Attorneys defending a witness during a deposition may instruct the witness not to answer questions only for the purpose of protecting privileged information. And yet, if the number of trial court rulings addressing the topic are any indication, this business of instructing witnesses not to answer deposition questions is a…
Read MoreTrust, Tech Savvy, Preparation: Keys to New Litigator Success
We have been writing about the personal traits and professional skills litigators need to be successful in pretrial discovery practice for a long time. Whether it’s offering tips on how to master remote depositions, pointing out the need to thoroughly understand deposition-related procedural rules, reporting on the professional imperative to develop and maintain technology competence,…
Read MoreFree Speech Case Tests Texas Rule on Pre-Suit Depositions
Everything is bigger in Texas. Even pretrial discovery rules, which permit depositions to be taken merely for the purpose of investigating whether a lawsuit should be filed. No state is more permissive when it comes to pre-suit depositions and, not surprisingly, pre-suit depositions are a popular investigative tool for plaintiffs’ attorneys in Texas. Recently Texas’…
Read MoreAI Expert’s Report Deemed Unreliable Due to “Hallucinations” Within
“The irony.” So wrote federal district judge Laura M. Provinzino when she rejected as unreliable an artificial intelligence expert’s report that was found to have contained three non-existent, AI-generated citations. The “irony” here was supplied by the fact the expert’s expertise is on AI’s capacity to mislead, and the case itself involved a First Amendment…
Read MoreNew Jersey Weighs New Duty of Technology Competence
New Jersey appears poised to become the next state to explicitly add a duty of technology competence to its professional code of ethics. Proposed revisions to the New Jersey Rules of Professional Conduct would, if adopted, make New Jersey the forty-first state to include technology competence among the many other professional competencies a modern lawyer…
Read MoreCiting Wildfire Threat, Court Says Attorney Need Not Travel for In-Person Deposition
The devastating wildfires that raced through southern California these past few weeks caused loss of life, property damage in the billions of dollars, and upheaval in the lives of millions of Americans who live in that region. Lawyers, of course, were not exempted from the tragedy. Numerous law firms impacted by the fires have been…
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