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Depositions Rules of Professional Conduct

Esquire Deposition Solutions, LLC

Can Insurers Dictate How the Insured’s Deposition Will be Conducted?

This blog post is the third in a series on common ethical challenges that arise while preparing for and conducting depositions. Insurers and large corporate legal departments are sophisticated consumers of legal services, but...more

Esquire Deposition Solutions, LLC

False Testimony During Deposition Calls for Careful Response

This blog post is the second in a series on common ethical challenges that arise when preparing for and conducting depositions. What is a litigator ethically bound to do when a client lies during a deposition? This is not an...more

Esquire Deposition Solutions, LLC

Lawyer “Friend Requests” Are Off-Limits for Deposition Witness Research

This blog post is the first in a series on common ethical challenges that arise when preparing for and conducting depositions. Social media offers such a wealth of details about a person’s circumstances and beliefs that...more

Esquire Deposition Solutions, LLC

Curb Unprofessional Conduct At Your Next Deposition

Incivility during contentious depositions is not a new topic for this blog. While the available evidence indicates that professionalism toward legal adversaries is on the rise, the topic of overbearing behavior during...more

Esquire Deposition Solutions, LLC

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...more

Esquire Deposition Solutions, LLC

Keeping Deposition Transcripts Confidential in the Internet Age

Deposition transcripts, like other pretrial discovery materials, do not become public records until they’re filed with the court. Before they are filed with the court, they routinely dwell in obscurity, shielded from public...more

Esquire Deposition Solutions, LLC

Caution Signs Line the Road to Wider ChatGPT Adoption

ChatGPT and related artificial intelligence technologies are one of the most exciting developments to hit the legal profession in decades. Their ability to synthesize large datasets of legal information and deliver...more

Esquire Deposition Solutions, LLC

Should Paralegals Participate in Depositions?

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...more

Esquire Deposition Solutions, LLC

Florida Weighs New Rule on Attorney Behavior During Depositions

The rules governing the manner in which depositions are conducted in Florida may soon be changing. Proposed new court rules would limit the types of objections attorneys can legally make during depositions, restrict their...more

Esquire Deposition Solutions, LLC

Report: Lawyers Are Behaving Better, Particularly During Depositions - Esquire Deposition Solutions

Depositions are among the least likely places to encounter unprofessional behavior by opposing counsel, according to a survey recently released by the Illinois Supreme Court Commission on Professionalism. In fact, videotaped...more

Esquire Deposition Solutions, LLC

Make Your Zoom Meeting As Secure As Possible

For many lawyers, the early days of the COVID-19 pandemic were a forced apprenticeship with virtual communications technologies, perhaps none more important than the easy-to-use, low-cost Zoom videoconferencing platform. Zoom...more

Esquire Deposition Solutions, LLC

When Deposition Advocacy Becomes Unethical

The German philosopher Arthur Schopenhauer, a cranky cultural observer who believed human beings were doomed to an existence no more fulfilling than the lives of moles, was nevertheless clear-eyed about the value of civility....more

Burr & Forman

US Chamber Recommends SEC Enforcement Changes

Burr & Forman on

Last week the US Chamber of Commerce, through its Center for Capital Markets Competitiveness, issued a white paper proposing wide-ranging changes to the SEC’s enforcement process. Most of the 28 recommendations were...more

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