Virtual Depositions in the Time of the Coronavirus Pandemic

Even as in-house lawyers tackle myriad issues on a minute-by-minute basis during the COVID-19 era, outside lawyers are still continuing with litigation to the extent court orders, and practical considerations, permit. As litigation presses on, these lawyers and their in-house counterparts must be prepared for remote depositions—not just where only one person is remote, but where every single person participates remotely. In this article, we offer some practical tips for in-house lawyers to be aware of as they supervise their teams of in-house and outside counsel.

Our recent experiences taking and defending virtual depositions taught us a great deal. Nearly every aspect of the depositions were affected by logistical issues created by working from home and by the inability to sit in the same room as the deponent, be it our adversary or client.

Reprinted with permission from The Legal Intelligencer, April / 2020

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