Bar Exam Toolbox Podcast Episode 310: Listen and Learn -- Accomplice Liability (Criminal Law)
Podcast - Every Case Is a New World
Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
The 3 Core Themes of Trial Law: Tell Your Story
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
There Is No Right Path
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
Podcast - How Did We Get Here?
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Against All Odds- Part Four
Against All Odds- Part Three
Against All Odds- Part One
The Presumption of Innocence Podcast: Episode 56 - A Strategic Gamble: The Risks, Costs and Rewards of Going to Trial
Podcast - Expert Witnesses, Special Issues
Podcast - Part II: The Importance of Pro Bono for Both Clients and Lawyers
Podcast - Cutting Back on Complex Cases
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
Trial outcomes often hinge on witness testimony. Attorneys collect much of this testimony during a formal process called a deposition. A critical component of discovery, depositions traditionally occur in law offices or...more
Promotional material for a continuing legal education program on deposition practice that crossed our desk recently gave a “pros and cons” assessment of remote versus in-person depositions. And while the authors took care to...more
Imagine a legal case where the official transcript is riddled with errors—witness statements are misquoted, key details are missing, and timelines are scrambled. Now, imagine an attorney building their entire case strategy on...more
We have been writing about the personal traits and professional skills litigators need to be successful in pretrial discovery practice for a long time. Whether it’s offering tips on how to master remote depositions, pointing...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
Last week’s blog recounted the story of a litigator surprised by the unannounced, off-camera presence of the witness’s mother in the room during her son’s remote deposition. That should never have happened and, in modern...more
The post-pandemic litigation environment has seen a rising desire to conduct depositions remotely and a diminishing opposition to remote proceedings. Where litigators do insist on in-person proceedings, those cases are...more
Depositions of witnesses residing in Mexico, at one time a relatively rare occurrence, are becoming commonplace for large law firm litigators. This is because many U.S.-based businesses have relocated manufacturing operations...more
The convenience and widespread use of remote depositions and virtual hearings will not, in seems, make it any easier for plaintiffs to choose what they believe is the most advantageous forum for litigating their cases....more
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
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