From the President

Like you, we must have a keen eye for detail, make every deadline, stay on top of every project, and fulfill every client request, all the while keeping your needs as our highest priority.

We’ve been publishing The Discovery Update for over seven years now, and, thanks to your positive feedback over the years, we are even more determined to make it a very useful source of information for you.

To help us keep this about you, please email us and let us know what topics and subject matter you would like to read and/or learn more about. Maybe more technology tips for depositions? Or how about reading up on ways to make your out-of-town depositions easier? Or do you want more information on the latest e-discovery trends?

We want to provide you only with the information that you find valuable, and your input will make sure we are serving you in the best possible way.

Best regards,
Sheila Atkinson-Baker

Location, Location, Location

By Craig Ball

I’m peripatetic. My stuff lives in Austin but I’m in a different city every few days. Lately looking for a new place for my stuff to await my return, I’m reminded of the first three rules of real estate investing: 1. Location, 2. Location, and 3. Location.

Location has long been crucial in trial, too: “So you claim you were at home alone on the night of November 25, 2014, when this heinous crime was committed! Is that what you expect this jury to believe?” If you can pinpoint people’s locations at particular times, you can solve crimes. If you have precise geolocation data, you can calculate speed, turn up trysts, prove impairment, demonstrate collusion, and even show who had the green light. Location and time are powerful tools to implicate and exonerate.

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Six Expert Witness Mistakes to Avoid

By Joe O'Neill

Your expert might be one of the most qualified people in his field, but that alone won’t guarantee that he will be an asset to your case. The fact is that even the best experts are still human, and the stress of deposition or trial can result in critical mistakes that might have been avoided with proper coaching and preparation. We caught up with nine top litigators from around the country to see what they have learned to look out for when dealing with experts.

1)    Failing to Understand (or Bring) all the Pertinent Literature

“The first thing that comes to mind for me is an expert who doesn’t bring files to court because they are too heavy, or he couldn’t travel with all of it. This makes it too easy for opposing counsel to suggest some material was intentionally left behind. Better to be safe and bring everything that might be needed, even if it is difficult. We have even had experts FedEx material in advance so they can have everything with them in the courtroom.” Jeff Korek – Gersowitz, Libo & Korek  Read full article

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