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JONES DAY TALKS®: Detecting and Addressing Prosecutorial Misconduct: An Overview for Defense Lawyers

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Though rare, cases of prosecutorial misconduct do occur in cases at all court levels and across jurisdictions. Partner Neal Stephens, co-author of Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyers,...more

Esquire Deposition Solutions, LLC

Quick Tips for Ethical, Effective Deposition Witness Prep

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

Esquire Deposition Solutions, LLC

Lawyer Who Admitted Coaching Deposition Witness Escapes With Reprimand

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

Esquire Deposition Solutions, LLC

Preparation Is Key to Stopping Witness Coaching During Remote Depositions

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

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

Esquire Deposition Solutions, LLC

Should Paralegals Participate in Depositions?

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...more

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Tips for a successful remote deposition.

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According to Bloomberg Law, a majority of attorneys prefer in-person depositions over remote. However, 22% said “their preference for in-person versus remote ‘depends’ on the circumstances surrounding the deposition. In the...more

Esquire Deposition Solutions, LLC

Technology Competence Is Key to Conducting Remote Depositions Ethically

We recently wrote about ethical considerations that are present in every deposition. We saw that the ethical rules applicable to depositions are mainly concerned with ensuring the integrity of the judicial process —...more

Esquire Deposition Solutions, LLC

Eight Ethical Pitfalls to Avoid at Your Next Deposition

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...more

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