Monday, August 8, 2011

Macbeth Revisited - Again

.....or let's take our ball and go home.  Some people should not be lawyers.  Who, you might ask?  Those people whose skin is so thin that someone else playing by the rules is seen as a personal attack.  Back to the attorney from Macbeth Revisted.  He sent his documents, both of them.  When I sent him a letter telling him we needed more than just two pieces of paper, he responded by setting my client's deposition.  He didn't discuss it with his client first, and actually had the nerve to tell his client he set the deposition because of my demands.   Notice, he didn't tell his client he had any kind of purpose that would further the client's case.  So, retaliation or defense?  He'll tell his client it's defense, but we all know it's retaliation.  The most awful part of this?  He's charging his client to vent his spleen.
     Discovery is the process by which lawyers make sure everyone in a case can know all of the relevant information necessary to resolve a dispute.  It is meant to ensure that there are no surprises or ambushes at trial, and that the judge can have all of the relevant facts before him or her when making a decision.  Whether that actually happens depends on the knowledge of the client about the other side, and the investigative skill of the attorney.  No matter what, discovery is about gathering information. That information could be financial, it could be to find out what parenting plan a party desires, or it could be to find out how a party or a witness will behave under questioning   It should never be about the lawyer's personal feelings.

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