Discovery abuse can result in mass tort litigation when the zealous litigators decide to go too far because of his aggressive nature and since he is in charge he has an undeniable advantage. The attorney’s aim in mass tort cases is to remain one step ahead and use the situation to your advantage. In this way as an attorney, it becomes easy to win the case. The paper contains a summary of how to attack discovery abuse.
A complex case tends to have two types of litigators who obstruct how the case flows. They include the aggressor and the great obstructer. The aggressor tends to instill fear among the victims, witnesses and the counsel. He uses these antics in order to destroy the flamboyance.
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For an attorney who is an opponent to the aggressor, ensure the deposition does not get into the second day and prevent any form of misconduct because the sessions are usually recorded and the jury can use them in their final decision. The court has various sanctions which attorneys can use in case there is no full disclosure of information or the opponent attorney is uncooperative. In case of disobedience to the court, there are more severe sanctions that can be used. Judges are responsible for ensuring the justice system remains civilized and it adheres to all ethics especially for the aggressor and the Great Obstructer.
Jenner, R. K., (2002). “How to attack discovery abuse: whether you face The Aggressor or The Great Obstructor, you can fight back when defendants try to block or delay your client’s case.” Trial Feb. 2002: 28+. Academic OneFile..
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