Navigate Litigation 2.0

The job of defending a witness during a deposition, particularly a remote deposition, can be challenging. Civil litigants have a right to consult with their attorney, though not at any time of their choosing and not in a manner that would impair the integrity of the deposition, such as when a question has been asked…

Massachusetts appears poised to become the latest jurisdiction to permanently embrace — and regulate — the practice of conducting pretrial discovery with remote depositions. A public comment period recently closed on a proposal that would make in-person depositions the “default” option while encouraging remote depositions by creating a set of detailed ground rules to ensure…

“Discovery is a taxing experience for attorneys and their clients. At times, personalities clash, which may permeate litigation through frivolous motions and vexatious arguments, as Respondent has participated in here. This behavior is caustic to the legal profession and particularly dangerous to the public when attorneys fail to recognize their misconduct.” Maryland Attorney Grievance Commission…

Three state legislatures — Texas, Massachusetts, and Missouri — are considering legislation this year to adopt the Uniform Interstate Depositions and Discovery Act, a law that creates a standardized and efficient procedure to obtain deposition testimony from witnesses outside the reach of local state courts. If UIDDA is adopted during these states’ current legislative sessions,…

The Ohio Board of Professional Conduct recently considered an interesting issue related to deposition practice: whether or not nonlawyers such as paralegals can ethically participate in pretrial depositions. The board decided in Taking of a Deposition by a Paralegal or Out-of-State Lawyer (Ohio Board of Professional Conduct, No. 2022-13) that they may not … under any…

According to news accounts, a recent discovery deposition in a Pennsylvania business dispute went off the rails when defending counsel refused to agree to “the usual stipulations.” The attorney’s refusal to agree to “the usual stipulations” — a bit of gamesmanship, perhaps — was a prelude to a testy, objection-filled deposition that lasted less than…