Remove Depositions Remove Litigation Remove Motion Practice
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Deposition Misconduct: Rules, Risks, and Remedies

WA Bar News

In this column, we’ll address a narrower, but more common, subset of deposition misconduct that the ABA opinion touches on: improper “coaching” during depositions and improper objections intended to impede the questioner. 10 Second, we’ll focus on depositions rather than hearings or trials. Washington RPC 4.4(a)

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An Open Letter to Litigators (i.e., Unreliable Witnesses)

The Cloud Court Blog

Dear Litigation Friends: It is with regret that I write to inform you that you are a profoundly unreliable witness. You’re an unreliable witness to the depositions you took and you’re an unreliable witness to the depositions you defended. Over time you’ve inwardly acknowledged that your memory is an imperfect vessel.

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Stop reading depo transcripts! Please welcome Gibson.

The Cloud Court Blog

It began as a series of reports combined into a dashboard that provided insights about deposition transcripts. Now, Gibson is more than a tool; it’s a partner for any litigator that augments their ability to devise deposition strategies and tactics and improve outcomes. (We Gibson drives better litigation results.

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Money as a Tactical Disadvantage: Don't Pitch Mountains of Cash into a Dumpster Fire

The Cloud Court Blog

Having spent two decades of my life litigating and managing litigation, I’ve noticed a few persistent trends. Resource disparities exist where one party has greater available capital and the willingness to spend it in litigation. Is money useful in litigation? It doesn’t. But only to a point.

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Litigators with a Data Fetish: Moneyballing Testimony

The Cloud Court Blog

I am obsessed with depositions and, in particular, their importance to the outcome of cases. That obsession extends to deposition data as well as to the psychology of the players involved: the attorneys taking and defending depositions; the witnesses being deposed; as well as the court reporters. Why on earth would we do this?