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
Litigators don’t always have control over the outcome-determinative evidence in their cases. Often, contracts, accident reports, photographic images, and other critical bits of evidence have in most cases already been created...more
Depositions are easy if you remember their purpose. A deposition is a record the attorneys are making. Clarity and thoroughness are paramount. In this article, we’ll discuss ten common mistakes attorneys might be making in...more
Everyone in the legal community is aware of the current shortage of qualified court reporters. Court reporters are at a premium everywhere, but particularly in busy jurisdictions such as California, New York, Florida, and...more
This guide provides legal professionals with an overview of how to prepare for and conduct remote depositions in a world that is increasingly adopting hybrid and virtual work environments. By using these best practices,...more
We’ve written previously about sanctions that trial courts can impose on parties that, for no good reason, fail to appear for a properly noticed deposition. Courts are understandably impatient with parties that throw sand in...more
It all starts with a notice. In modern civil litigation, the notice of deposition is the principal means for litigators to ensure that the objectives of deposing a witness are met in a timely, cost-effective, and lawful...more
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
Though typically conducted in a conference room, a deposition can take place in many locations and through a variety of methods. So long as you capture a verbatim record, either face-to-face or remotely through the use of...more
Depositions were once an almost exclusively in-person process. In the not-so-distant past, remote depositions were used infrequently, but they became a necessity during lockdowns in 2020. Today, both remote and hybrid...more
As litigators know, the United States follows the so-called “American Rule” when apportioning the costs of litigation. Unless a statute specifically provides otherwise, parties in court are responsible for their own...more
If we can do weddings, funerals, healthcare, work, and trials via videoconference, surely we can do the same with depositions. And with that closing remark, a federal magistrate judge summarily dispatched one litigant’s...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
Way back in April 2020, during the early days of the COVID-19 pandemic, a federal magistrate judge in Colorado had already seen enough to offer the following plea that lawyers reassess their habit of traveling long distances...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
We have been examining what attorneys and their teams can do to receive a helpful rough draft, focusing on the steps you can take prior to the deposition. The importance of preparation cannot be overstated when it comes to...more
The Massachusetts Supreme Judicial Court recently released for public comment a proposal to create a baseline set of ground rules for the conduct of remote depositions in that state. The proposed rule revisions would set out...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
Remote depositions and hearings through a videoconferencing platform, such as Zoom or WebEx, have been happening for some time. Do you have one coming up?...more
We’re sharing our list of important tips for you when you prepare for videotaped depositions: Include “Videotaped” in your Notice of Deposition...more
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
Video depositions can be beneficial to your case, as the recording can show the witness’ facial expression and body language, and capture changes in the inflection of the witness’ voice and any pauses before answering. To...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
Whether taking a deposition in person or remotely, having a clear record is essential for use at trial, possible settlement and/or impeachment. We’ve polled hundreds of court reporters with thousands of reporting hours under...more
The process of scheduling a deposition can have several moving pieces, from counsel’s and the witness’ schedules to arranging for a court reporter, videographer and/or interpreter. And then there’s finding an appropriate...more
After the COVID-19 pandemic shook the world in early 2020, many industries pivoted to conducting business in ways that reduced or eliminated face-to-face interactions. Fortunately, with internet capability generally...more