From the President

Hello,

Our July issue of the Discovery Update is here!  This month we have included tips for utilizing videoconference technology in depositions, as well as technology to assist you to conduct your legal practice remotely.  I hope this provides ideas to help make work more efficient.

Keep us in mind for scheduling of court reporters, interpreters, and videographers.  We are open and our team is equipped and ready to assist you with scheduling, remotely or in-person.

Best,

Sheila Atkinson-Baker

Deposition Distancing: Practical Considerations for Taking Remote Depositions

By David Abernethy, Kaitlyn E. Stone, Joseph Tanner, and Adrienne Franco Busby

The COVID-19 pandemic continues to keep many lawyers, clients, and witnesses at home. As we discussed in a previous post, many courts are encouraging or requiring remote depositions, typically by videoconference, to keep discovery moving. Lawyers taking these depositions will have to do all of the things they usually do and more to deal with the challenges of a deposition environment unfamiliar to many of us.

With thanks to our Faegre Drinker colleagues who have ventured into this new world and shared a great deal of useful advice with the authors, we discuss some of the practical considerations for lawyers taking remote depositions.

The most obvious difference we all must deal with is that video technology replaces face-to-face interaction; this requires learning a new skill set. Comment 8 to Model Rule of Professional Responsibility 1.1 says that “a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” Common sense tells us that we have to get on top of these changes if we want to take and defend remote depositions successfully. Lawyers not only need to learn the technology and use it effectively but also how to safeguard privileged information and prevent unauthorized access to confidential testimony when depositions are no longer taken with only the people “in the room.”

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Top Secure Communication Tools for Lawyers During COVID-19

By Nicole Black

Like most lawyers, you’ve probably been working remotely due to the COVID-19 pandemic. Between the quarantines and social distancing requirements, you didn’t have much of a choice.

Obviously, you’re not alone, since remote working has become the new normal for most businesses during the pandemic. And even with some areas of the country slowly reopening, remote work won’t be going away anytime soon due to social distancing mandates.

One of the greatest challenges lawyers have encountered when shifting to remote work has been finding ways to effectively and securely communicate and collaborate with colleagues and clients.

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