Navigate Litigation 2.0
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…
Read MoreProceed 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…
Read MoreFor 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.…
Read MoreFlorida’s Lawyer Leaders Push Ethical Guardrails for AI Use
It seems Florida’s lawyers are determined to stay ahead of the curve when it comes to the use of artificial intelligence tools in the practice of law. On Jan. 19, The Florida Bar’s Board of Governors published new guidance on how Florida’s lawyers can ethically deploy artificial intelligence tools. The ethical guidance underscores the need for…
Read MoreWill 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…
Read MoreFederal Litigants Can’t Insist on In-Person Depositions
Way back in April 2020, during the early days of the COVID-19 pandemic, a federal magistrate judge in Colorado had already seen enough to offer the following plea that lawyers reassess their habit of traveling long distances to conduct depositions: There is every reason to hope, however, that some of the lessons learned during the…
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