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Writing to opposing counsel is never easy....Avoiding an Adversarial TonePrefer positive to negative words.Don't write when you're angry.Don't use value judgments designed to make readers feel bad about past mistakes.Apologize completely.Empathize before stating an opinion.
Writing to opposing counsel is never easy....Avoiding an Adversarial TonePrefer positive to negative words.Don't write when you're angry.Don't use value judgments designed to make readers feel bad about past mistakes.Apologize completely.Empathize before stating an opinion.
Make it a lead-off general objection. Object to anything that is not relevant to the subject matter (no longer the standard) or not likely to lead to admissible evidence (no longer the standard). Don't say if anything is being withheld on the basis of the objection. Use boilerplate wording from form files.
For document discovery to be effective, it needs to be well planned.Have a strategy.Adjust the scope of your requests to the questions at issue.Send clear requests.Always consider how your client would be prepared to respond to similar requests.Make your objections clear and specific.
When you respond to a discovery request, you should make sure to do it within the timeframe listed in the discovery request or in the scheduling order if the judge issued one. In some cases, the judge will hold a court conference to establish a timeframe for discovery, motions, and the trial.