A useful tool that is too often overlooked is stipulations. Discovery is a very expensive process, especially in complex cases, but there are ways to streamline the process and be more cost effective. Below are some of the stipulations that you may want to consider:
Continue Reading Discovery Plans Part 2: Are Stipulations Part of Your Discovery Plan?
It Is Too Relevant!
Attorneys easily spew out the objection “the information you are seeking is not relevant to the subject matter of the litigation” as easily as they say “Good morning.” If you are the propounding party your reaction is probably to be to yell out “It is too relevant!” because it doesn’t even appear that the responding party actually thought it through before spewing out the objection. But what exactly is relevancy? It seems to be a nebulous term that invokes images of catching clouds with your hands or like Supreme Court Justice Potter Stewart’s definition of pornography “I know it when I see it”?
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What Are They Talking About?
Have you ever been around a bunch of lawyers from the Silicon Valley when they start talking about e-discovery? They start using fancy e-discovery words like “meta data,” “native format” and “clawback agreements.” Meanwhile your eyes are glazing over and you begin to clench your teeth because all you want are the e-mails, letters and
GAME ON-The Opposition
You have been served with the Motion to Compel Further Responses with a Separate Statement of Items in Dispute the size of your fist and your response is due in two weeks. Now what do you do? First, take a deep breath. This is the time you decide when to “hold them and when to fold them” because how you respond may end up setting the tone between you and opposing counsel for the entire case.
Continue Reading GAME ON-The Opposition
Do You Have a Discovery Plan?
As a discovery referee, I normally come into cases when there already is a problem. Either discovery in the case is out of control, or the antagonism among counsel is so great that the Law and Motion Judge is done dealing with the parties. In many instances, I see an all out war between counsel, with discovery being used as a weapon. There is no rhyme or reason to the 105 special interrogatories that were served, the 200 categories of documents being demanded or the 20 depositions that have been noticed. The meet and confer process has broken down into a rampage of insults. Yet nobody has bothered asking the demanding party the fundamental question “Why do you need this?” When that question is finally posed by me, too frequently that counsel cannot answer the question. In such circumstances, it is clear to me that the attorneys have no idea what direction they want to case to proceed, no plan of attack and no idea what they are trying to accomplish. In other words–No Discovery Plan!
Continue Reading Do You Have a Discovery Plan?