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Depositions Witness Preparation

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Witness Coaching vs. Preparation

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The line between ethical witness preparation and unethical coaching is somewhere between ensuring a witness doesn’t show up unprepared for a legal proceeding and putting words in their mouth. Incorporating a solid trial...more

Offit Kurman

Preparing for Deposition Success

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On this episode of Litigator's Lounge, Niall McMillan and Anders Sleight discuss crucial tips for answering questions during depositions. Anders shares valuable advice, highlighting the importance of truthfulness, careful...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

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Fact Witness vs. Expert Witness: Key Preparation Tactics

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As it pertains to building a solid case, persuading jurors, and securing the best chances of a favorable outcome, witnesses can make or break your trial. It’s essential to utilize key witnesses to their full potential during...more

Butler Snow LLP

A Sort of Homecoming: Preparing and Defending the Sales Representative Who Is No Longer with the Company

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A high school reunion can be a wonderful, surreal experience at best, and a handwringing, anxiety-ridden event at worst. During those formative years of our teenage lives, we were surrounded by – and spent countless hours...more

Holland & Hart - Your Trial Message

Witnesses, Avoid Absolutes

As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your witness’s expense. Often that opportunity can be...more

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Best Practices for Preparing an Expert Witness for Deposition

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As a trial attorney, you’ll often enlist expert witnesses to evaluate claims, clarify complex evidence, write an expert witness report, and offer authoritative opinions. Because time and money can be tight during trial prep,...more

IMS Legal Strategies

5 Tips for Med Mal Expert Testimony from a Hot Seat Veteran

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As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more

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Trial Graphics Presentation: Making an Impact

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Just what is it that wins a trial case? It’s not a simple matter of providing a bullet list of facts. The subject matter and fine points of evidence can be complex and difficult to follow, and the trial attorneys rarely have...more

Butler Snow LLP

Practice Pointers and Potential Pitfalls of a Corporate Deposition

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A corporate deposition authorized by Fed. R. Civ. P. 30(b)(6), and similar state rules[1] is a powerful discovery device with far-reaching implications. Entities served with such a notice face significant burdens to select...more

Butler Snow LLP

Subpoenaed Remote Testimony from Anywhere and Everywhere? Ninth Circuit Says No.

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With the COVID pandemic, remote video depositions and trial testimony very quickly went from rare to routine. Remote testimony, for the most part, is viewed as a convenience to both witnesses and attorneys, and parties and...more

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Lawyer’s Guide: Deposition vs. Trial Testimony

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The testimony given at a deposition vs. testimony during a trial have a lot in common. They’re both sworn under oath, under penalty of perjury, and part of official court records.  There’s a longer list, however, of how they...more

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Interrogatory vs. Deposition: Discovery Comparison

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The discovery phase is often the most critical component of legal work, leading 95% of civil cases to a settlement negotiation instead of a courtroom trial. Given this, how information is collected from potential witnesses is...more

Troutman Pepper Locke

EDVA Permits Plaintiff to Use Her Deposition as Trial Testimony

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It is not uncommon in litigation for parties to introduce testimony through depositions taken for use at trial. It is very uncommon, though, for a party to request to use their own deposition testimony as their trial...more

Goodell, DeVries, Leech & Dann, LLP

Witness Preparation Versus Witness Coaching

The lines between witness preparation and improper coaching are gray. According to the ABA, “[T]he task of delineating what is necessary and proper and what is ethically prohibited during witness preparation has become more...more

Esquire Deposition Solutions, LLC

Quick Tips for Ethical, Effective Deposition Witness Prep

If the word “Shaq” conjures up the image of professional basketball legend and amiable IcyHot liniment pitchman Shaquille O’Neal, you could be missing out on a valuable mnemonic device for preparing witnesses for deposition:...more

Esquire Deposition Solutions, LLC

Lawyer Who Admitted Coaching Deposition Witness Escapes With Reprimand

An attorney who surreptitiously fed answers to his client – roughly 50 times during a six-hour remote deposition, according to court documents – has been given a public reprimand by the Massachusetts Board of Bar Overseers....more

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Witness Preparation Tactics to Prep Clients

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Before they swear to “tell the truth, the whole truth, and nothing but the truth,” witnesses need to be prepared for the process and challenges of testifying in a trial, deposition, or other legal proceeding. How you...more

Esquire Deposition Solutions, LLC

Preparing Witnesses for Today’s Remote Depositions

Depositions can be stressful affairs. For many witnesses, depositions are a once-in-a-lifetime plunge into the unknown with a lot riding on their testimony. Sitting in a room full of strangers, listening to lawyers argue over...more

Shook, Hardy & Bacon L.L.P.

30(B)(6) Preparation Tips

30(B)(6) Preparation Tips - If you have ever said “that rule may make sense in theory, but it does not work in real life,” you may also have spent weeks futilely attempting to prepare a witness to serve as a corporate...more

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Remote Witness Testimony: Preparing Your Witness

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The number of remote legal proceedings hit a peak a few years back, but the end of the COVID-19 public health emergency doesn’t mean a reversal to pre-pandemic logistics. While they can have some drawbacks, virtual...more

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Video Deposition: A Guide for Litigators

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If a court trial or successful settlement is the Superbowl, then depositions are the key games in the season that get you there. Each deposition is an official, sworn record of witness testimony that can yield critical...more

EDRM - Electronic Discovery Reference Model

[Webinar] Carpe Data! Stop “Ctrl+Fing” Transcripts and Use Testimony Intelligence - August 7th, 1:00 pm - 2:00 pm ET

Despite the ubiquitous advantages of AI-powered eDiscovery, matter management, content analysis, and other solutions, litigation costs and data volumes continue to rise. Is there any end in sight? A traditional tagging and...more

Nextpoint, Inc.

[Hybrid Event] Trial and Deposition Readiness Bootcamp - July 11th, Chicago, IL

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Join us in-person at our Chicago HQ or virtually through Zoom for this two-hour trial tools and preparation boot camp where Nextpoint’s legal technology experts will present invaluable tips and strategies to leverage...more

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Virtual Depositions: A Guide for Success

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Tips for Tackling Virtual Depositions - Up to 90% of depositions taken throughout the height of the pandemic were virtual, and that short-term need has generated a long-term change. In fact, in a recent survey, only 4% of...more

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