By Kevin Brady, Charles Ragan and Ted Hiser (September 22, 2020, 12:50 PM EDT) -- Several BigLaw alums sat in a pub after an Inns of Court meeting, reminiscing and wondering why so much time and money is spent on discovery fights with opposing counsel. "It wasn't always this way," they mused.
One noted that Chief Justice John Roberts said several years ago that the "pretrial process must provide parties with efficient access to what is needed to prove a claim or defense but eliminate unnecessary or wasteful discovery" and that most lawyers would readily agree they have an obligation "to avoid antagonistic tactics, wasteful procedural maneuvers, and teetering brinksmanship."
"Sure," quipped another litigation vet sarcastically,...
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