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Best Practices for Using Trial Technology

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Law firms are increasingly using technology to assist and optimize their litigation and trial processes, and this trend will almost certainly continue into the future. In particular, the use of external graphics technologies...more

Esquire Deposition Solutions, LLC

Sanctioning Deposition No-Shows in 2025

The blog post Turning Deposition No-Shows to the Client’s Advantage proved popular with our readers when written (2021!) and for years afterward. The sustained readership of that article is gratifying but also disappointing...more

Esquire Deposition Solutions, LLC

When Mere Objections Are Not Enough

It’s a common practice during a deposition for lawyers to assert legal objections to witness testimony but then allow the deposition to proceed. In fact, this practice is broadly encouraged. Depositions are wide-ranging...more

Esquire Deposition Solutions, LLC

What to Include in a Deposition Letter

The receipt of a notice for a client’s deposition usually sets off a chain reaction of familiar events in most law offices across the country. The deposition is calendared. Materials requested in the notice or accompanying...more

Holland & Knight LLP

The Basics of Opening Statements

Holland & Knight LLP on

Litigation attorney Dan Small continues his insightful "Trial Lawyer's Handbook" podcast series with a new episode focused on opening statements. Drawing from his extensive trial experience, Mr. Small offers practical tips...more

Haynsworth Sinkler Boyd, P.A.

8 Steps to Conducting More Effective and Efficient Workplace Investigations, Best Practices

During a recent employment law webinar, Haynsworth Sinkler Boyd discussed considerations for employers when conducting workplace investigations. To help employers conduct more effective and efficient workplace investigations,...more

Esquire Deposition Solutions, LLC

How to Navigate Common Remote Deposition Trouble Spots

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

IMS Legal Strategies

The Reptile Brain Strategy: Why Lawyers Use It and How to Counter It

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Over the years, we have heard much consternation from our clients regarding a plaintiff strategy called the “Reptile Approach.” We have seen this approach become more and more popular—not to mention effective—during...more

Holland & Hart - Your Trial Message

Compliment in Order to Persuade

I’ve got to say it: I think I have the best readers in the whole litigation-blogging space. You’re thoughtful, committed, and willing to reach out to me with feedback and ideas for new posts. Honestly, I don’t think I could...more

Holland & Hart - Your Trial Message

Be Thankful (Jurors Like You Better That Way)

In the current wave of this pandemic year, as many trials and in-person jury research projects are on hold, the social science research has continued. I’m thankful for that, and for this post, I want to appreciate a new study...more

Holland & Hart - Your Trial Message

Increase Your Witness’s Confidence Level: Seven Ways

Sometimes greater confidence is the last thing a witness needs. When your fact or expert witness is arrogant, unprepared, or careless about their upcoming testimony, they might need a reality check through a preparation...more

Hicks Johnson

Do Masks Compromise Witness Credibility?

Hicks Johnson on

As American society copes with the COVID-19 pandemic, masks and face coverings have become the focus of legal mandates, political protests, and nonstop commentary—in some instances, even violence. But beyond the public health...more

King & Spalding

General Counsels Decision Tree for Healthcare Related Internal Investigations

King & Spalding on

Healthcare systems, hospital networks, and other healthcare providers regularly face challenges that may require an internal investigation to determine the root cause of an issue in order to evaluate how best to remediate and...more

Esquire Deposition Solutions, LLC

6 Things Court Reporters Wish You Would Do to Improve the Deposition Record

Everyone in the room wants a deposition to go smoothly. It’s more productive for you, less stressful for the witnesses, and easier for the court reporters to get the job done. However, you may be unaware of simple things you...more

Proskauer - Proskauer For Good

For Lawyers Representing Trafficking Survivors: Best Practices in Cooperating with Law Enforcement

Proskauer was privileged to host a panel presentation this month on the topic of representing victim witnesses in cooperating with law enforcement investigations and prosecutions of human traffickers. The panel featured Jane...more

Pierce Atwood LLP

Practical Tips on Working with Former Employees Who Are Key Witnesses

Pierce Atwood LLP on

Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim....more

Holland & Hart - Your Trial Message

Treat Trust as a Layered Thing

The government often plays a background role in civil litigation. An action, decision, or product from one party might meet the government’s regulations, for example. The question that raises is “Are the regulators trusted?”...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - August/September 2019: Protect your will from legal challenges

To avoid family disputes over a will after one’s death, it’s worth taking the time now to institute steps to protect the will from legal challenges. This article details four specific steps for bulletproofing a will. A...more

Jaburg Wilk

Navigating the Rapids - Temporary Orders Hearings in Maricopa County

Jaburg Wilk on

One of the most anxiety-producing experiences for both a family law client and their attorney is navigating through the process relating to a Maricopa County temporary orders hearing. The client’s anxiety is easy to...more

Esquire Deposition Solutions, LLC

Common Mistakes in 30(b)(6) Witness Preparation

Under Federal Rule of Civil Procedure Rule 30(b)(6), a party may depose a public or private corporation, a partnership, an association, a governmental agency, or another entity. Of course, it is not actually possible to...more

Holland & Hart - Your Trial Message

Project Your Voice

It is one of the central messages of witness preparation: Be confident, because if you’re confident, you’ll be more credible. Once, I got the reply from a witness, “But I don’t feel confident,” and the question, “Should I act...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

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Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Holland & Hart - Your Trial Message

Understand the Binary Bias

How do humans assess large sets of evidence? We start by simplifying and internally summarizing. One of the main ways we do that is to boil the information down to a limited number categories, usually two. For example, let’s...more

Holland & Hart - Your Trial Message

Make Your Redirect Something Other Than a Repair Job

Her key witness is still on the stand. Direct examination went well, and now the other side’s cross-examination is just wrapping up. Standing up for redirect, the attorney looks at her notes: Coming out of cross, there’s a...more

Foley & Lardner LLP

Deposition Practice Tips: PTAB Guidance for Dealing With Suspected Witness Coaching

Foley & Lardner LLP on

Question: What can you do when you suspect that opposing counsel engaged in inappropriate witness coaching during a PTAB deposition? Answer: Ask the witness about the suspected off-the-record discussions and call the Board...more

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