Categories : Wisdom
In eDiscovery, Texts are the New Email
Technology may be changing faster than attorneys can adjust their methodologies to properly execute their eDiscovery evolutions.
Categories : Law Practice Management Law+Tech
The Discovery Rules
By James D. Crosby
I prefer getting documents and taking depositions as the principal means of discovery in most any case. If done right, the documents-then-depositions, with limited written discovery, approach is more cost-efficient and effective than any written discovery. Litigators, myself at times included, spend far too much time fighting over written discovery. We get locked in these little battles, these time-consuming discovery sideshows, driven by competitive instincts, by ego, by a desire to make the other side spend money, or even, at times, regretfully, by client animus towards the other side. These battles take on a life of their own, where just winning the battle, and not getting the discovery we think we want, becomes the all-consuming reason for the battle. This is not always the case, but if we are honest about it, we must admit that many written discovery disputes are more about the battle than they are about the discovery. Written discovery surely has its place in modern litigation and, at times, is well worth the fight to get it. But, a great deal of the time, it is not. With those comments as the backdrop, I offer up some suggested prescriptions for the ills that often infect our written discovery efforts – the Discovery Rules!
Rule 1:
Before proceeding with written discovery, simply and seriously consider whether it is worth the effort.
Categories : Law+Tech
9 “Discovery Rules” to Ease The Pain
San Diego attorney and blogger, James D. Crosby, runs the “Trial Call” blog. In an effort to ease the (occasional) pains of discovery he offers up these 9 simple rules. Be sure to read his full post with all the full details.
Before proceeding with written discovery, simply and seriously consider whether it is worth the effort.
As a corollary to Rule 1, never propound a written discovery request that you are not willing to enforce by motion.
Use requests for supplementation of an initial discovery set, rather than propounding successive sets of new discovery requests.
Do not use form interrogatories for anything but the simplest of cases.
Do not include in your discovery requests definitions and instructions for how to respond.
As a corollary to Rule No. 1, but for the responding party, do not object to written discovery if you are not willing to defend your objection to the court under threat of sanction.
Do not object to written discovery and then provide responses subject to, and without waiving, the raised objection.
Meet and confer before responding to the discovery.
Meet and confer face-to-face.