The so-called "expert" who advocated a "just say no" approach to handling opponent's discovery requests is apparently in hot water, according to this article from Law.com. The lawyer, Donald Davidson, in quoted in the article as follows:
People give over stuff not realizing it. I mean, we try to fight everything -- incident reports, surveys, anything, logs. Because we find that 50 percent of the time plaintiffs' attorneys ask for something, we give them an excuse why we can't give it to them, because it's privileged or this or that, they never make a motion and they never get it.Because it's the compilation, the compilation of the problems, the compilation of the abuses ... they're the ones that set the scene for these hits in these cases in these other jurisdictions. So you have to streamline. Deny documents.
In his defense, Davidson said he was just trying to liven up the seminar. Other lawyers interviewed for the article say he's a lawyer who abides by the rules. Even so, there are lawyers who litigate like this, and the solution is obvious: Point out their discovery abuses to the court as promptly as possible.
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