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Discovery abuse/misconduct... what is "normal?"

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mathos00

Junior Member
California / Diversity

Hi!

So, we've been involved in the usual federal litigation fun. You know, exhausting, revolting, seemingly endless... etc., etc.

The opposing counsel, in our view, has been playing it pretty fast and loose. My father is a lawyer, semi-retired, but still active in the Bar, and he has been involved in helping out from the start.

His perspective is that it has been just amazing. He was a comp lawyer, and even by the rather rough and tumble standards of that specific field, he's been blown away by the antics in this litigation.

We (me, my business partner, and my father) all sat through the three main depos as observers, and there had to be something like 18 abrupt walk-outs by opposing counsel, many with question pending. Then a huge number objections, including tons of speaking objections. Then arguing with the interpreter, and/or correcting her translations, even though she was the only certified court translator in the room. In our view, just a total circus.

On top of that, amazing behavior regarding written discovery. For example, initially answering all RFA's with a single, boilerplate objection. Designating as "confidential" or "Attorney's Eyes Only" every single document in the first volume of their production (including our own emails that we had sent to the opposing party!!).

You get the idea.

Anyway, just focusing on the depositions for the moment, I'm really curious how other professionals in the field might view the conduct.

Frankly it is way past time for anything like Rule 37 sanctions, but still would like to know if we're the ones who are crazy for thinking the conduct has been outrageous.

If I can figure how to post the transcripts, I will. Or maybe a link?
 


quincy

Senior Member
California / Diversity

Hi!

So, we've been involved in the usual federal litigation fun. You know, exhausting, revolting, seemingly endless... etc., etc.

The opposing counsel, in our view, has been playing it pretty fast and loose. My father is a lawyer, semi-retired, but still active in the Bar, and he has been involved in helping out from the start.

His perspective is that it has been just amazing. He was a comp lawyer, and even by the rather rough and tumble standards of that specific field, he's been blown away by the antics in this litigation.

We (me, my business partner, and my father) all sat through the three main depos as observers, and there had to be something like 18 abrupt walk-outs by opposing counsel, many with question pending. Then a huge number objections, including tons of speaking objections. Then arguing with the interpreter, and/or correcting her translations, even though she was the only certified court translator in the room. In our view, just a total circus.

On top of that, amazing behavior regarding written discovery. For example, initially answering all RFA's with a single, boilerplate objection. Designating as "confidential" or "Attorney's Eyes Only" every single document in the first volume of their production (including our own emails that we had sent to the opposing party!!).

You get the idea.

Anyway, just focusing on the depositions for the moment, I'm really curious how other professionals in the field might view the conduct.

Frankly it is way past time for anything like Rule 37 sanctions, but still would like to know if we're the ones who are crazy for thinking the conduct has been outrageous.

If I can figure how to post the transcripts, I will. Or maybe a link?
We do not allow links to transcripts on this forum.

Unprofessional is different from unethical.
 

FlyingRon

Senior Member
To answer your question, yes it sounds like he was outrageous.

The next question is so what? Did you have a legal question or did you just come here to rant?
 

quincy

Senior Member
California / Diversity

... Anyway, just focusing on the depositions for the moment, I'm really curious how other professionals in the field might view the conduct ...
It appears that mathosOO just wanted confirmation that the behavior as described was unbecoming that of a legal professional.
 

adjusterjack

Senior Member
Seems to me that the attorneys for mathosOO's opponent are representing their client just fine and mathosOO is angry and frustrated because he is representing himself without an attorney (semi-retired comp lawyer family member doesn't count) and has no clue as to what he's gotten himself into.

:D
 

quincy

Senior Member
Seems to me that the attorneys for mathosOO's opponent are representing their client just fine and mathosOO is angry and frustrated because he is representing himself without an attorney (semi-retired comp lawyer family member doesn't count) and has no clue as to what he's gotten himself into.

:D
Depositions can get ugly. :)

A display of emotions by an attorney will not as a rule violate a state's ethical codes or professional rules.

I wouldn't be surprised if an attorney shows more frustration or irritation when up against a self-represented party.
 

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