Discovery

26 ABA Journal Discovery articles.

A smoking-gun document offered by ex-employee of opposing party? Beware ethical risks, opinion says

The scenario: A lawyer is offered access to a document from an opposing party’s former employee, who is not represented by counsel. The lawyer is told that the document will…

Appeals court tosses med-mal suit because lawyer filed document about 18 minutes late

A Texas appeals court has dismissed a medical malpractice lawsuit because the lawyer for the plaintiff filed an expert report about 18 minutes late.

The 5th District Court of Appeals…

Lawyer awarded $229K in pregnancy bias suit after judge slams defendant law firm for slow discovery

A Chicago immigration lawyer has been awarded $229,498 in her suit claiming that she was fired from her job at a law firm after disclosing her pregnancy.

U.S. District Judge…

Lawyer disbarred for claiming paralegal’s work as his own; he regrets only ‘one license to lose’ for clients

The Tennessee Supreme Court has disbarred a Knoxville lawyer for alleged false and exaggerated time entries when he submitted a request for more than $103,000 in legal fees for the…

Judge sanctions BigLaw firm for missing deadline to turn over discovery materials in Baylor litigation

Pepper Hamilton will have to pay reasonable expenses and attorney fees incurred by its opponent in a discovery dispute as a sanction for a missed deadline to turn over materials…

Sandy Hook families say Alex Jones’ lawyers sent discovery materials with embedded child porn
Updated: Lawyers representing Sandy Hook families in a defamation suit against "Infowars" radio host Alex Jones say several emails turned over in discovery contained embedded images of child pornography.
BigLaw firm threatened with sanctions for alleged discovery foot-dragging in Baylor litigation

The law firm that conducted a private investigation into Baylor University’s handling of sex assault allegations will tell a Texas federal judge next Monday why it shouldn’t be sanctioned for…

Lawyers have a duty to disclose adverse legal authority even if it hurts their case

Attorneys are supposed to be zealous advocates for their clients and win their cases. Should they mention an adverse ruling and distinguish it, or just ignore the case and cite other authorities?

Should there be a duty of tech competence for judges? Survey raises questions

The ABA added a duty of technology competence to the model ethics rules for lawyers in August 2012, but no such duty has been added to the model rules…

Judge complains court filings are being used to deliver information to news media

A federal judge overseeing a lawsuit against Baylor University warned lawyers for the sexual assault plaintiffs Tuesday that court filings should not be used to deliver information to the news…

‘Blindfold’ off: New York state overhauls discovery laws

Prosecutors will be required to turn over information to the defense much earlier in a criminal case, among other changes.




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