Ethics Governance
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| Article - Abstract. To view full article click on the article title. | |
http://www.wsba.org/media/publications/barnews/ethics/mar-99-ethics.htm Ethics And The Law: Discovery Practices & Problems by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. Discovery is increasingly time-consuming, expensive and contentious, and requires significant preparation, skill and plain hard work to do well. Discovery also involves sometimes difficult practical and ethical issues. This article summarizes findings of a national survey on the nature, extent, cost and problems arising in discovery in federal civil cases. One or more subsequent articles will look at some of the ethical issues associated with discovery problems under Washington's Rules of Professional Conduct. Introduction In May 1997, staff of the Federal Judicial Center, the research arm of the federal judiciary, surveyed lawyers involved in federal civil cases as part of an examination of federal discovery rules by the Civil Rules Advisory Committee of the Judicial Conference. The survey was sent to about 2,000 lawyers (1,200 responded) involved in approximately 1,000 closed federal general civil cases deemed likely to have had some sort of discovery. Most responding lawyers practiced in firms with others, 12% were sole practitioners, and 8% were government lawyers. They averaged 16 years of practice, while 75% had practiced for more than 10 years. The survey sought to learn the size, nature and cost of discovery being used in federal courts, as well as to identify problems, and perhaps solutions, with discovery. The staff issued its report, Discovery and Disclosure Practice, Problems and Proposals for Change: A Case-based National Survey of Counsel in Closed Federal Civil Cases (the "report") in November 1997. Full Article: http://www.wsba.org/media/publications/barnews/ethics/mar-99-ethics.htm |
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