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Ethics/Professional Responsibility,
Ediscovery

Jan. 27, 2023

Stop paying your lawyers for useless and abusive civil discovery

It’s not “a discovery system” that’s the problem. It’s the participants’ behavior derived from a long-broken civil discovery culture.

Dear General Counsel:

I am a workaday civil trial court judge. It's a wonderful public service job and I am honored to have it. But you GCs are making the job pretty miserable when it comes to civil discovery in commercial litigation and I respectfully ask you to stop. It's within your power. More than that, it's in your interest. Your board implores you every year: get a handle on the legal spend, for heaven's sake. Right?

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