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…

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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…

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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…

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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…

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Lawyers Encouraged to Vet Tech Vendors Carefully

Law firms are prime targets for hackers. Why? Because their computer networks contain highly concentrated, high-value information about many parties that is often not well-protected. One often-overlooked vulnerability is the security of computer networks operated by third-party vendors employed by the firm. By asking tough questions of vendors that handle client information and by scrutinizing…

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