David McLain | Higgins, Hopkins, McLain & Roswell The Hill Hotel Owner LLC v. Hanover Insurance Company case has garnered attention due to its implications on the scope of attorney-client privilege in construction litigation. This blog post delves into the project’s background, the ensuing litigation, and the intricate work undertaken by attorneys and experts, highlighting the potential… Continue reading Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation
Category: Construction Law
Taming the Fears of First-Time Deposition Witnesses
Esquire Deposition Solutions In his article Eight Traits of Great Trial Lawyers, former U.S. Federal District Judge Mark W. Bennett remarked that lack of preparation topped the list of trial lawyer shortcomings in his courtroom. “Preparation,” Judge Bennett wrote, “means thinking of every detail, especially when communicating with juries.” Modern discovery depositions are a good case… Continue reading Taming the Fears of First-Time Deposition Witnesses
Preparation Is Key to Stopping Witness Coaching During Remote Depositions
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
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