Sunday, November 25, 2012
Excellent comments on discovery practice and litigation management
Over at the Litigation and Trial blog, Max Kennerly has published two excellent comments on issues related to discovery and litigation management. In the first one (here), he concludes that "when courts forbid plaintiffs’ lawyers from sharing relevant discovery evidence amongst themselves, they inadvertently enable the defendants to engage in discovery fraud by cherry-picking which evidence they produce in each case." In the second article (here), he reviews a new article by the federal judge (and the special masters he appointed) who oversaw the 9/11 Responders litigation which reveals another critical component of a successful and fair resolution of high-stakes litigation: judges need to make sure the cases move forward. Professional Responsibility: A Contemporary Approach also has a comment on the article here.