Litigating in the Virtual World: Passing Fad or Wave of the Future?
Sitting with the C-Suite: The New Normal - Embracing Remote Technology
VIRTUAL ADR UPDATE – TECHNOLOGY, CYBERSECURITY AND UNIQUE ISSUES PRESENTED BY HON. JOHN P. DIBLASI
Sitting with the C-Suite: COVID 19 Impact – Four Sectors of Change for the Legal Industry
Summer is here and, for many lawyers, that means taking a well-deserved vacation and spending time with friends and family. However, any lawyer — particularly litigators who do not have complete control over their...more
Many attorneys have long and successful careers without ever having to practice law outside of the jurisdiction where they obtained their license. But for litigators and in-house counsel, the need to be conversant with the...more
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
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
For the second time this year, the American Bar Association is offering guidance on how litigators can successfully, and ethically, minimize the occurrence of witness coaching during remote depositions. The ABA’s advice in a...more
“He’s going to tell the truth. The truth is very, you know, complicated. So we went over it carefully, and just not to leave anything up to chance . . . . or Michael’s judgment.” Fans of the NBC sitcom, the Office, might...more
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
When the COVID-19 pandemic struck in 2020, experienced litigators quickly discovered that they would have to adapt and learn to thrive in a new adversarial arena — the computer monitor. And adapt they did....more
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
According to news accounts, a recent discovery deposition in a Pennsylvania business dispute went off the rails when defending counsel refused to agree to “the usual stipulations.” The attorney’s refusal to agree to “the...more
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
According to Bloomberg Law, a majority of attorneys prefer in-person depositions over remote. However, 22% said “their preference for in-person versus remote ‘depends’ on the circumstances surrounding the deposition. In the...more
Eighty-eight percent of lawyers responding to a recent American Bar Association survey said they prefer the use of remote depositions in their practices. Another 93% supported the use of remote technologies for all pretrial...more
The American Bar Association holds high standards for legal practitioners. Lawyers have the professional responsibility to be competent, diligent, and to expedite litigation in the interest of their clients. In the client...more
We recently wrote about ethical considerations that are present in every deposition. We saw that the ethical rules applicable to depositions are mainly concerned with ensuring the integrity of the judicial process —...more
Lawyers have always been bound by ethical standards. The pandemic created a new one – reduce the spread of a deadly disease by staying home and working remotely. The American Bar Association has established that attorneys...more