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Best Practices American Bar Association (ABA)

Esquire Deposition Solutions, LLC

When Mere Objections Are Not Enough

It’s a common practice during a deposition for lawyers to assert legal objections to witness testimony but then allow the deposition to proceed. In fact, this practice is broadly encouraged. Depositions are wide-ranging...more

Esquire Deposition Solutions, LLC

What to Include in a Deposition Letter

The receipt of a notice for a client’s deposition usually sets off a chain reaction of familiar events in most law offices across the country. The deposition is calendared. Materials requested in the notice or accompanying...more

Esquire Deposition Solutions, LLC

California to Update Court Interpreter Ethics Standards

California courts are readying new standards for court interpreters with most changes focused on ethical behavior during remote and hybrid court proceedings. The proposed revisions to the Professional Standards and Ethics for...more

Esquire Deposition Solutions, LLC

Actionable Advice When Sharing Client Data with Vendors

We’ve previously written on the need for law firms to scrutinize the data security protections in place at all third-party vendors who have access to client confidential information. Clearly, that’s still good advice....more

Esquire Deposition Solutions, LLC

How to Navigate Common Remote Deposition Trouble Spots

Even today some attorneys approach remote depositions with a small measure of trepidation. They worry that the lack of physical proximity diminishes their ability to engage with the deponent. They wonder how they can...more

Reveal

Preservation of Evidence: Methods and Best Practices You Should Adopt in 2023

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In our adversarial justice system, litigants rely on evidence to explain their side of a dispute. Today, much of that evidence is digital. If an organization allows digital evidence to be compromised, lost, or destroyed, it...more

Esquire Deposition Solutions, LLC

Massachusetts High Court Considers New Rule on Remote Depositions

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...more

Esquire Deposition Solutions, LLC

ABA Publishes Best Practices for Success in Remote Depositions

Remote depositions now are a fixture in modern litigation practice, a fact that has not gone unnoticed by the nation’s largest bar association. On Feb. 6, the American Bar Association’s House of Delegates approved the...more

Lighthouse

Overcoming eDiscovery Trepidation - Part I: The Challenge

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In this two-part series, I interview Gordon J. Calhoun, Esq. of Lewis Brisbois Bisgaard & Smith LLP about his thoughts on the state of ediscovery within law firms today, including lessons learned and best practices to help...more

Epiq

More Tech, More Problems? New ABA Rules on Professional Conduct for Working Virtually Provide Guidance

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In March, the American Bar Association (ABA) released a lengthy opinion on virtual practice. Formal Opinion 498 states that while the ABA Model Rules of Professional Conduct allow lawyers to conduct their practice virtually,...more

Lighthouse

Legal Tech Innovation: Learning to Thrive in an Evolving Legal Landscape

Lighthouse on

The March sessions of Legalweek took place recently, and as with the February sessions, the virtual event struck a chord that reverberated deep from within the heart of a (hopefully) receding pandemic. However, the...more

Faegre Drinker Biddle & Reath LLP

Considerations from the ABA’s Best Practices for Litigation Funding

The exact dollar amount that third-party investors infuse in U.S. lawsuits every year is unknown, but conservative estimates begin around $2.3 billion, with agreement that the industry has room to grow. With the ongoing...more

Hudson Cook, LLP

ABA Outlines Best Practices for Third-Party Litigation Funding

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In August of 2020, the American Bar Association (ABA) House of Delegates issued "Best Practices for Third-Party Litigation Funding" (the "Report"). Litigation funding, in any of its various forms, is largely unregulated by...more

Rivkin Radler LLP

Pandemic Prompts Focus on Courtroom Civility

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COVID-19 has sent litigation into a tailspin, with court closings and moratoriums on filings leaving attorneys scrambling to figure out how to balance their obligations to their clients to keep cases moving with the obstacles...more

Proskauer - Minding Your Business

The Golden Rules: A Primer on California’s New Professional Responsibility Rules

California overhauled its Rules of Professional Conduct effective November 1, 2018. This post highlights some impactful revisions for commercial litigators. However, all California lawyers should familiarize themselves with...more

Esquire Deposition Solutions, LLC

Imputed Disqualification: Challenges of Suing Former Clients

The case of RehabCare Group East, Inc. v. Village Health Care Management, LLC demonstrates the importance of thorough and vigorous conflict of interest checks by attorneys to avoid representation overlap. This case...more

Foley & Lardner LLP

Strategies for EEO Compliance: Focus on Leadership, Not Compliance

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We observed last year that the legal industry is no more immune to the holdovers of sexism than any other profession. As we noted, in a step toward stemming this problem, the American Bar Association has passed a new model...more

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