By now most litigators know that generative artificial intelligence is a two-edged sword. While the ethical duty of technology competence arguably requires litigators to consider using artificial intelligence technologies for…
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/ Law Practice Products & Services
Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year…
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/ Civil Procedure, Law Practice Products & Services
Most uses of artificial intelligence in litigation carry great promise but little risk. That’s not the case with generative AI tools employed to draft legal pleadings. Despite the best efforts of courts and bar groups to promote…
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/ Civil Procedure, Law Practice Products & Services
The American Bar Association’s suggestion last year that it would be ethically problematic for lawyers to charge high fees for formerly time-intensive work made easy by generative artificial intelligence has prompted an arguably…
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/ Law Practice Products & Services
The ethical duty of technology competence officially arrived in nation’s capital April 7, when the District of Columbia Court of Appeals formally approved revisions to its rules of professional conduct that identify technology…
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Recent amendments to the federal rules governing pretrial discovery encourage courts to be more aggressive in squelching wasteful discovery practices. Litigators should be mindful that judges are increasingly taking the rules…
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/ Civil Procedure, Law Practice Products & Services
New court rules went into effect in Massachusetts last month that authorize remote depositions whenever the party noticing the deposition elects that format. A prior proposal to make in-person depositions the default option was…
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/ Civil Procedure, Law Practice Products & Services
Long maligned as innovation-shy, litigation practices are deploying emerging artificial intelligence technologies at a rapid rate. Technology’s ability to instantly synthesize and draw useful conclusions from large amounts of…
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/ Law Practice Products & Services, Privacy
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…
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/ Civil Procedure
Promotional material for a continuing legal education program on deposition practice that crossed our desk recently gave a “pros and cons” assessment of remote versus in-person depositions. And while the authors took care to…
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/ Civil Procedure, Law Practice Products & Services
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…
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/ Civil Procedure, Electronic Discovery, Law Practice Products & Services
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…
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/ Civil Procedure, Law Practice Products & Services
The apex deposition doctrine is a judge-made rule that protects company executives from harassing, repetitive depositions in cases in which the executive has little relevant evidence to provide. Courts applying the doctrine…
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/ Civil Procedure, Electronic Discovery
“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…
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/ Civil Procedure, Law Practice Products & Services, Science, Computers, & Technology
Revised Minnesota pretrial discovery rules, which took effect Jan. 1, now encourage remote depositions by allowing them to be set by notice alone. Former practice required either a court order or stipulation…
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/ Civil Procedure, Electronic Discovery, Law Practice Products & Services
