#1 Pretrial Agreements – Communication Technology

01 Communication AgreementDiscovery Disputes Will Be Resolved with a Phone Call Between Lead Counsel.

One of the most counter-productive litigation activities is the discovery dispute letter.  Lawyers write these multi-page, single-spaced tomes not for the purpose of working out discovery disputes, but to create a record for an eventual motion to compel.  Such a letter typically generates a response in kind from opposing counsel, and then a reply, then a sur-reply.  In short, the parties draw battle lines instead of working toward an agreement.

Counsel should not engage in discovery disputes for the purpose of engaging in discovery disputes.  Instead, counsel should raise a discovery issue with the other side only when it involves documents or testimony which are really needed for trial of the case.  It is always more efficient to obtain such evidence by agreement than by motion.  An agreement is also a quicker and more certain method of obtaining evidence.

If your goal is to get evidence quickly and efficiently, then you should eschew letter-writing and the posturing that goes with it.  A phone call typically will bring much better communication, more civility, and better results than an exchange of letters.

The phone call should be between lead counsel.  More experienced lawyers are simply more capable of quickly sorting out what’s important from what is not.

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