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Discovery & Discovery Referees

Discovery Mud Fights: Why They Happen and How to Avoid Them

Not only do lawyers spend lots of time on inconsequential disputes, but they get furious with each other about them.

Who among us went to law school with the idea that, wow, am I ever looking forward to spending untold hours duking it out with my opponents in nasty, name-calling, down-and-dirty discovery battles?

Not I. In 1976, when I began law school, the country was still in the post-Watergate glow in which attorneys were seen as heroes who had spoken truth to power and thereby had helped to save the nation. I went to law school viewing the law as an honorable profession that offered endless opportunities for lawyers (and judges) to do good, no matter the area of law in which they practiced. Nearly 45 years later, I still see the law in that way. My guess is that you do as well.

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