Discovery Pricing Citizens Out Of Courts, ABA Panel Says

Law360, New York (August 8, 2013, 6:00 PM EDT) -- Attorneys' relentless pursuit of discovery, especially electronic discovery, is driving the cost of civil litigation so high that the average American can't afford it, Sixth Circuit Judge Jeffrey Sutton said Thursday during an American Bar Association panel in San Francisco on threats facing the U.S. court system.

As the panel of state and federal judges addressed the consequences of budget cutbacks and other pressures on the judiciary, retired Texas federal judge W. Royal Furgeson Jr. noted that 75 to 85 percent of citizens can't afford to pursue grievances in court. Although that's partly because court funding shortfalls have restricted public access,...

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