Keep Your Cases Moving: Tools, Rules, and Confidence to Deter Obstruction
On Demand
Wednesday, June 16, 2021
2:00 - 2:05 p.m.
Welcome Announcements
2:05 - 2:50 p.m.
What are the Responding Attorney's Duties? (ethics credit)
- Model Rules of Professional Conduct
- Preamble: “Zealous Advocacy”
- Rule 3.4: Obstruction Prohibited—Considerations for Written Discovery and Depositions
- Attorney’s Duty to Investigate
- Duty to Understand Client’s ESI
- Attorney’s Signature on Discovery Responses
- Attorney Liability for Withholding Evidence
2:50 - 3:35 p.m.
Common Obstructive Tactics (ethics credit)
- Boilerplate Objections
- Qualified Answers
- False or Misleading Responses
- Possession
- Discoveries Continuing
- Consequences for Non-Timely Reponses
- Techniques for Enforcing Timely Responses
- Proportionality Rule 26(b)(1)
3:35 - 4:00 p.m.
Question & Answer Session
Wednesday, June 23, 2021
2:00 - 2:05 p.m.
Welcome Announcements
2:05 - 2:50 p.m.
Managing Obstruction: Making it Easy for the Judge
- Preempting Objections with Rule 30(b)(6)
- Obstruction Spreadsheet
- Request, Objection, Evidence, Ruling
- Meet & Confer
- Legal Requirements
- Management with a Spreadsheet
- Affidavit
- Professionalism Works!
2:50 - 3:35 p.m.
Enforcing Discovery Through Sanctions
- Motion to Compel
- Sanctions
- Walking Through the Mechanics
3:35 - 4:00 p.m.
Question and Answer Session
