Proper Deposition Objections

Whether you are defending (or taking) your first or your hundredth deposition, you must be ready to handle objections. That means knowing which objections are proper and which are not. Once you know, you can keep the deposition proceeding smoothly—and avoid embarrassing yourself.


Podcast #29: Brendan Kenny on What Lawyers Need to Know About E-Discovery

Brendan Kenny explains what every lawyer needs to know about e-discovery. But first, how to effectively disconnect your phone when you're on a vacation.


California Says You Must Understand E-Discovery in Order to Litigate

California’s proposed ethics opinion on attorney duties in e-discovery has been finalized. The opinion is unsurprising in terms of its analysis of today’s technology and long-standing ethics rules, and it highlights that in today’s world, discovery is extremely complex and high stakes. In the Committee on Professional Responsibility and Conduct Formal Opinion No. 2015-193, California […]


How Many Requests for Admissions Are Too Many? 2,265?

That’s from a memorandum (pdf) in Ashker v. Schwarzenegger, and it seems like the the defendants just might have a point here: The plaintiffs are apparently members of the Aryan Brotherhood, a white supremacist gang, and file quite a lot of lawsuits.

How to Auto-Number Discovery Requests in Microsoft Word

How to use Word’s SEQ field and Autotext to autonumber discovery requests.

Why E-Discovery is Such a Big Deal

If you are coping with e-discovery yourself, or you just want to find out what it’s all about, check out the Friends of eDiscovery project.

Generate a File List for Document Production During Discovery

When making initial disclosures, it’s sometimes easiest to generate a simple list of files and give it to opposing counsel. Here's how.

Five Godawful YouTube Video Depositions

Five of the most heinous video depo excerpts on YouTube. We’re omitting one we’ll highlight later, but here are the five we’ve curated so far.

4 Mistakes Lawyers Make with Expert Witnesses

Expert witness testimony can make or break a case. However, in many cases, important parts of the expert’s testimony are excluded or the expert fails to win over the jury.

Google Keeps Your Digital Tail

Google stores user search data forever. Keep this in mind as you consider privacy and security issues in your business.

Ensure E-Discovery Readiness For Your Hosted & Managed Systems

Guest post by Steven Rodin. E-discovery can quickly get out of hand, sometimes costing millions of dollars. An example was seen in the Office of Federal Housing Enterprise Oversight, where one single e-discovery request cost taxpayers over $6,000,000. Thankfully, there are third-party solutions available that can help lower some of the administration and legal costs […]

Federal e-discovery rules can create a crushing financial burden

So says Eric J. Sinrod, a California attorney who criticizes the courts for taking e-discovery requirements to extreme lengths. I have found the best course is to find out what sort of electronic data exists, and early–at the 26(f) meeting with opposing counsel, if possible. With that knowledge, I can make an intelligent decision as […]

Image hard drives for e-discovery or backup with PING

PING (Partimage is Not Ghost) is a Linux-based LiveCD for backing up your system by making an image of the hard drive (or smaller partitions, if you have them). In other words, you boot a simplified version of Linux (it doesn’t matter what operating system you normally use on the computer–just pop the CD in […]

E-discovery chain of custody

E-discovery has existed since computers have existed, but it has only become a hot (if dry) topic in recent years.