“Discovery” is a word that frightens many litigants — what it means, the cost, and the time commitment that it will entail. The part of discovery that many litigants are most concerned about are “depositions” — being questioned by your adversary’s attorneys and challenged under oath. I
Continue readingLitigation: What’s Taking So Long? — (Part 1)
“What’s taking so long?” This is a common question asked by clients as a lawsuit goes on and on, oftentimes for year after year.
Sometimes, the passage of time cannot be helped; neither the parties, the lawyers, nor the courts, acting independently, can make a case move faster.
Where You Would Least Expect to See Your Emails & Texts: In Court!
As most of us have become very adept at using email, text, and social media, our lives have sped up. It has become possible for us to instantly connect with one another, feasible to complete transactions with a swipe or a click, and easier to gain knowledge about anything — just Google it. However, along with this has come headaches for attorneys and risks for almost everyon
Continue readingDiscovery Rules: Changes in the Commercial Division
As lawyers and many clients know, discovery can be very expensive and time-consuming. The default for most attorneys is to ask for everything to make sure they have “covered the waterfront”; after all, one does not want to miss an important document they may need for trial. In so doing, however, the cost can be astronomical and can far outweigh what is accomplished by actually securing voluminous documents or pieces of information.
Continue readingDiscovery: The Vital Next Step
Cases can often be won or lost during discovery. When a dispute arises and a party hires an attorney, they will spend time, together, going over the facts, providing relevant documents, and giving the attorney enough information so that the attorney can provide advice as to the strengths and weaknesses of his client’s case, and the alternatives.
Continue reading