Tuesday, October 15, 2013

I will refrain from excessive and abusive discovery.

Full Quote from the Texas Lawyer's Creed
"I will refrain from excessive and abusive discovery."

Attorneys should strive to tailor their discovery requests to the individual case and not send out blanket form book discovery when it is not needed.

If both parties live in an apartment in downtown Fort Worth, it is unlikely that either one owns livestock. Don't waste that interrogatory. If both parties work at Burger King, it is almost a certainty that NEITHER OWNS a plane.

It is abusive to send out voluminous discovery in hopes of burying the other side in paperwork and running up attorney fees.

Don't waste your client's time and money sending out irrelevant and immaterial discovery just because you can.

Realize that whatever discovery you send out is apt to bounce right back to your desk for you to have to answer.


Submitted by Cindy Dillard-Ince, Attorney at Law
Fort Worth, Texas

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