Litigation

Cal. Litig. 2022, VOLUME 35, ISSUE 2

IT’S TIME TO FIX OUR BROKEN DISCOVERY CIVIL CULTURE

Written by Hon. Lawrence P. Riff*

Oh no! Here comes another judge handwringing about civil discovery disputes. What on earth is there new to say on this dismal subject? Short answer: Nothing new.

But still, plenty to say. This author — now in his 40th year in the law world having played the part of in-house counsel, law firm associate, law firm partner, law firm practice group leader, ABOTA-member trial lawyer, and judge in the criminal, family law, and civil divisions of the Los Angeles County Superior Court — believes that there is so much wrong, and so much that could be right, in the way civil discovery is customarily performed. The problem, I think, is a failure to teach our children well. I hereby call upon every lawyer who aims or claims to be a mentor to pick up the torch and illuminate the path forward. Let us review the most basic lessons.

Lesson One: There is nothing wrong with the discovery statutes or rules of court as they pertain to civil discovery. No, "The fault, dear Brutus, is not in our stars/But in ourselves…." (Shakespeare, Julius Caesar, act I, scene 3, lines 140-141). Culture, even in litigation, is "the way we do things around here." Our civil discovery culture — the way we do things around here — is broken. We are sleepwalking our broken practices into the next generation. To the generation of lawyers in your early years of practice and seeking to master their professional skills, I say unto you: Do not model your discovery behavior on that of your elders. Indeed, throw out your discovery form files and your model "meet and confer" letters. Put your shopworn and dog-eared "general objections" in the dustbin of verbose uselessness. Let’s go to first principals.

Join CLA to access this page

Join

Log in

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.

Payment