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Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more
Remote depositions took hold during COVID and continue to be common; one study conducted in 2021 found that while 87 percent of lawyers rarely or never participated in remote depositions before COVID, 83 percent expected to...more
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or...more
Behind every winning argument is a compelling story. But crafting that narrative is not as simple as piecing together a few pieces of evidence. Legal teams have to prepare for and take depositions, manage transcripts, conduct...more
Identifying junk science is merely the first step of the battle when considering argument approach and courtroom strategy. With this in mind, the main goals are to keep junk science out of the courtroom and, of course, win...more
Welcome back to the Bar Exam Toolbox podcast! This is the second of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. This time we're talking about...more
Going to court can be a stressful and emotionally charged experience. Your divorce lawyer will play an important role in preparing you for court, ensuring that you understand the legal proceedings, and helping you present...more
How can legal professionals transform complex arguments into compelling visuals without losing their audience in dense text? In this episode of Speaking of Litigation, Epstein Becker Green attorneys Lauren Brophy Cooper and...more
Cross-examination is the stuff of drama in fictional courtroom depictions. The savvy lawyer taking on a hostile witness on the stand—these are the moments TV and movie audiences live for. However, the truth is real-life...more
Over the past few months, we’ve been exploring how generative AI can transform trial preparation by analyzing complex litigation materials and producing sophisticated closing arguments. Our series began with an exploration of...more
During a panel on trial practice at the recent Masters’ Conference in Los Angeles, moderated by Professor Shannon Bales, panelists emphasized the critical role of consistency—blending humor, real-world anecdotes, and...more
Remote depositions have become an integral part of modern litigation. With the shift towards virtual platforms, selecting the right remote deposition partner can streamline your legal processes, safeguard sensitive...more
Regular visitors to this blog no doubt are aware that the rules of practice for the Commercial Division are centered on innovation, efficiency, cost-effectiveness, and predictability. This includes the rules governing trial...more
Our exploration of generative AI in trial preparation has demonstrated how Large Language Models can analyze complex materials to generate sophisticated closing arguments. We began by showing how to overcome traditional LLM...more
I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more
Given how critical depositions are to the legal process, it stands to reason that fair deposition practices are paramount to a legal team’s success. However, several forms of unethical and unfair conduct can emerge during...more
It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has...more
In our recent articles exploring how generative AI can transform trial preparation, we demonstrated how Large Language Models (LLMs) could analyze complex trial materials to generate sophisticated closing arguments. Our first...more
Jury testing is a powerful tool in litigation, and attorneys would be well served to think about their cases as studies worthy of experimentation. Cases are not mysteries to be solved; they are a series of testable questions...more
Noticing a deposition is a critical part of the litigation process. Far from just a formality, it’s an assurance that a deposition you’re engaging in is being done fairly and in good faith. By giving all interested parties...more
Three years of law school can teach us many things. But what they do not do very well—as we typically discover soon after graduating—is prepare us for the actual practice of law. For those of us who always planned to be...more
In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explores the importance of rhetoric in courtroom communication. Although rhetoric has been less studied in recent times, it has enabled speakers...more
The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more
There is a case currently playing out in the Southern District of New York, Major League Baseball Players Inc.,v. Underdog Sports, Inc. There is a common dynamic called out right there in the caption: One side is the “Major...more