Plaintiff employment attorneys Karine Bohbot and Elizabeth Riles from the Law Offices of Bohbot and Riles in Oakland, California wrote a great article in Plaintiff Magazine titled “Early Punitive Damages Discovery—Let’s give it a try!” The article gives strategic advice on how to obtain early punitive damage discovery. Here are some excerpts from their article:
Continue Reading Early Punitive Damages Discovery — Try It!!
Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each of her three plaintiffs, a separate set of 50 specially prepared interrogatories, 35 requests for documents, 70 requests for admissions and 17.1 of the Form Interrogatories for a total 750 specially prepared interrogatories and 525 requests for documents, 1050 requests for admissions and 4200 responses to Form Interrogatory 17.1 equaling 6525 discovery requests to be responded to 30 days before trial. Continue Reading YOU NEED TO FILE A MOTION FOR A PROTECTIVE ORDER!!
In May of 2007, I received a phone call from Peter Glaessner, a member of the Discovery Committee and Civil and Small Claims Committee of the Judicial Council. He asked me if I could put together Judicial Council Form Interrogatories for construction litigation. I told him that I probably could get him a working draft by the end of that summer. Little did I know how extensive of a project this would be.
I began the process by creating a statewide committee with three plaintiff counsel, three developer counsel, three subcontractor counsel, two insurance coverage counsel, one architects and engineer counsel and one public entity counsel. Each of these members are prominent lawyers in construction litigation and many have spoken at West Coast Casualty’s Annual Construction Defect Seminar.
Continue Reading Proposed Form Interrogatories for Construction Litigation
California Code of Civil Procedure §2025.290 (effective January 1, 2013) limits Non-Expert Depositions to 7 hours. The section reads:
Unless otherwise stipulated to or ordered by the court, a deposition is limited to one day of seven hours. The court shall allow additional time if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination. Continue Reading Can You Take a Deposition in Seven Hours?
Last week I received the following e-mail from one of my readers:
I have read your articles with interest and respect for some time now; I find them excellent plus.I have a friend who is acting pro per in a civil case. Suffice it to say she can’t afford or get an attorney.
Opposing counsel has made a mockery of discovery by making (putrid) garbage objections to 99% of discovery sent him. He uses every boilerplate objection and has even objected saying some discovery was “unintelligible” when my friend didn’t define a name that was the name of the defendants product… Opposing counsel is clearly abusing the intent of discovery dragging my friend into “Meet and Confer Hell” while knowing that as a pro per, my friend can not get anything more at this point than her costs of filing a Motion to Compel (which she has won) and photocopy costs. On the other hand, and I speak with authority, opposing counsel has created enough work for himself to literally turn a reasonably moderately sized case into a major matter and I would estimate he has made more than $250,000 in fees from his client (no insurance company involved) in 2011.
My point being: There is clearly a wrong here (major discovery abuse and a lack of any good faith) and no remedy.Am I being naive in thinking something should be done or a remedy created? Continue Reading Am I Naïve to Think Something Should Be Done?
Today I read a great article by Minnesota attorney Randall Ryder titled “New Attorney? Don’t Get Intimidated by Opposing Counsel.” The article struck a cord with me as it is a proponent of the same philosophy that I am advocating in my own blog—don’t be intimidated by a bully, do not react with words in kind and use the “Rules” to win. Though the article is directed towards new attorneys, this is good advice for every attorney. Continue Reading Don’t Get Intimidated and Play by the Rules
In responding to Requests for Production of documents you have three response choices (1) agree to produce (C.C.P. §2031.220 (pdf)); (2) state that after a diligent search and a reasonable inquiry you have no documents (C.C.P. §2031.230 (pdf)) or (3) object C.C.P. §2031.240 (pdf). Continue Reading The Document from Hell–aka The “Privilege Log”
Last spring I had the pleasure of taking a tour of the Royal Globe Theatre in London, England. On display there was a plaque titled “Quoting Shakespeare.” It began by stating:
If you can’t understand my argument and declare, “it’s Greek to me, you are quoting Shakespeare. If you claim to be more sinned against than sinning, you are quoting Shakespeare. If you act more in sorrow than in anger, if your wish is father to the thought, if you lost property has vanished into thin air, you are quoting Shakespeare. If you have ever refused to budge an inch or suffered from green-eyed jealousy, if you have played fast and loose, if you have been tongue-tied-a tower of strength—hoodwinked or in a pickle, if you have knitted your brows—made a virtue necessitated, insisted on fair play, slept not one wink—stood on ceremony—danced attendance on your lord and mater—laughed yourself into stitches, had short shrift—cold comfort, too much of a good thing, if you have seen better days, or lived in a fools paradise, why, be that as it may, the more fool you, for it is a foregone conclusion that you are as good luck would have it, quoting Shakespeare…
To determine whether or not a responding party has made a reasonable inquiry, you must determine where the responding party searched (what efforts were made), who did they talk to (did they make an inquiry to their legal department, human resources, customer relations, the employees in the chain of command, etc.), and what were the questions they asked.
Continue Reading INSPECTION DEMANDS-What is a Reasonable Inquiry?
Have you ever received a response to requests for production of documents that says:
After a diligent search and a reasonable inquiry has been made in an effort to comply with this Request, there are no documents within RESPONDING PARTY’s possession, custody, or control
Yet you question the veracity of the verified response, because they have got to have documents. So what can you do?
Continue Reading INSPECTION DEMANDS-What is a Diligent Search
