Should Paralegals Participate in Depositions?

Esquire Deposition Solutions The Ohio Board of Professional Conduct recently considered an interesting issue related to deposition practice: whether or not nonlawyers such as paralegals can ethically participate in pretrial depositions. The board decided in Taking of a Deposition by a Paralegal or Out-of-State Lawyer (Ohio Board of Professional Conduct, No. 2022-13) that they may not … under… Continue reading Should Paralegals Participate in Depositions?

How Many Depositions Are Enough?

Esquire Deposition Solutions Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be increased (or decreased) by stipulation, by court order, and by local court rule. In fact,… Continue reading How Many Depositions Are Enough?

Will AI Deposition Assistants Be Ethical?

Esquire Deposition Solutions By now most lawyers are familiar with the story of DoNotPay, the company that promised to provide a traffic offense defendant with a “robot lawyer” to fight the ticket in court. The plan went like this: The defendant would be assisted at trial by generative artificial intelligence tools (e.g., ChatGPT and DaVinci) that… Continue reading Will AI Deposition Assistants Be Ethical?

More On Cross-Examination: Building A Case Brick By Brick

Daniel I. Small | Holland & Knight We’ve talked in prior episodes about the importance of control in cross-examination. If you give the witness room to wiggle, they’ll almost certainly take it. The most important control device is asking short, clear questions: questions that you can simply repeat if necessary and, if necessary, repeat again.… Continue reading More On Cross-Examination: Building A Case Brick By Brick

Mistake No. 6 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Marketing Your Special Construction Lawyer Skills

David K. Taylor | BuildSmart 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 arbitrator in construction disputes. To be clear, I have made my share… Continue reading Mistake No. 6 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Marketing Your Special Construction Lawyer Skills