Esquire Deposition Solutions 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 nutshell: Litigators should take time to understand the risks of witness coaching and then proactively address those risks… Continue reading Preparation Is Key to Stopping Witness Coaching During Remote Depositions
Category: Construction Law
Quick Tips for Ethical, Effective Deposition Witness Prep
Esquire Deposition Solutions 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: Short Honest Answers to Appropriate Questions, or SHAQ. In a deposition, a short answer gives the other side as little… Continue reading Quick Tips for Ethical, Effective Deposition Witness Prep
Eight Ethical Pitfalls to Avoid at Your Next Deposition
Esquire Deposition Solutions The line dividing zealous advocacy and professional misconduct can be hard to spot, and it can appear with little advance notice during a heated moment in litigation. This is particularly true in pretrial depositions, which take place without judicial supervision and where the lawyers are left to call their own balls and… Continue reading Eight Ethical Pitfalls to Avoid at Your Next Deposition
Can Insurers Dictate How the Insured’s Deposition Will be Conducted?
Esquire Deposition Solutions Insurers and large corporate legal departments are sophisticated consumers of legal services, but they face a constant struggle to contain the ever-rising cost of litigation against a background of budget tightening by senior executives. One strategy is to keep more legal work in-house. Other approaches include increasing the use of alternative legal… Continue reading Can Insurers Dictate How the Insured’s Deposition Will be Conducted?
A Reminder To Take Evidence-Preservation Obligations Seriously
Crinesha Berry | Crowell Recent legal developments underscore the importance of adhering to evidence- preservation obligations. A party can face severe sanctions for failing to preserve critical documents, including email accounts of former employees. Sanctions can vary from reasonable attorney fees and expenses in connection with a motion for sanctions to having certain facts established,… Continue reading A Reminder To Take Evidence-Preservation Obligations Seriously