Deposing the Terminally Ill Litigant

Broadly speaking, most personal injury claims survive the death of the plaintiff. They live on as survivor’s actions or wrongful death claims brought by representatives of the deceased plaintiff’s estate. Although seriously injured or terminally ill plaintiffs may no longer be a party to their legal actions, their testimony is often crucial to the value…

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Proceed With Caution on Out-of-State Depositions

Many attorneys have long and successful careers without ever having to practice law outside of the jurisdiction where they obtained their license. But for litigators and in-house counsel, the need to be conversant with the rules governing multi-state practice and the process for gaining temporary permission to represent clients before an out-of-state tribunal is a…

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For Litigators, “Dedicated” Is the New “Zealous”

Litigators, which would you rather be: a “zealous advocate” for your client? Or one who is “conscientious and ardent” is pursuit of the client’s interests? Most litigators, we suspect, would choose the latter description today. It fairly implies that litigators may, in their pursuit of the client’s interest, be required to balance other important considerations.…

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Will AI Deposition Assistants Be Ethical?

By now most lawyers are familiar with the story of DoNotPay, the company that promised to provide a traffic offense defendant with a “robot lawyer” to fight the ticket in court. The plan went like this: The defendant would be assisted at trial by generative artificial intelligence tools (e.g., ChatGPT and DaVinci) that monitored courtroom…

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