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Category: Discovery

FIVE BASIC CONSIDERATIONS REGARDING TELECONFERENCING DEPOSITIONS

FIVE BASIC CONSIDERATIONS REGARDING TELECONFERENCING DEPOSITIONS

The coronavirus situation has had a dramatic impact on the processing of damage cases. Requirements for social distancing and, in some states, requirements to shelter at home have brought the judicial process to a halt. In many jurisdictions’ trials have been stopped and courthouses virtually closed. However, there is a need for ongoing discovery procedures to preserve evidence in anticipation of when trials will resume. One possible solution involves remote teleconferencing meetings and teleconferencing depositions. Technology allows one to connect…

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PERPETUATION DEPOSITION OF DYING CLIENT

PERPETUATION DEPOSITION OF DYING CLIENT

In cases where the client may not survive to trial it may be necessary to perpetuate their testimony. How this is handled depends almost entirely on the circumstances involving the client and the general style  or approach of the lawyer. Having some limited experience with perpetuation depositions of dying clients in cases like  mesothelioma cases and like cases I have some ideas. The video setting is very important. The first issue is the camera position and what is being filmed….

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DEPOSITION OF TREATING DOCTOR WHO REFUSES TO MEET WITH PLAINTIFF ATTORNEY

DEPOSITION OF TREATING DOCTOR WHO REFUSES TO MEET WITH PLAINTIFF ATTORNEY

Some time ago plaintiff lawyers experienced a problem in Washington State when treating doctors  refused to meet with or discuss their patient’s case with plaintiff lawyer. Some insisted they would not meet at all and some would only meet if “their” lawyer was present. It made no difference if the doctor was provided all the legally required medical release documentation. In some cases it was a policy the majority medical malpractice carrier had adopted as a policy for it’s medical…

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