Discovery; ex parte, Brutus?

Article Abstract:

The controversy over the propriety of ex parte contact and its effect on the formulation of an effective discovery plan are analyzed. Most federal jurisdictions follow a version of ABA Model Rule of Professional Conduct 4.2, which bars communicating with a represented party without consent of counsel, a rule more difficult to observe when one party is a large corporation.

Ex parte procedure

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Discovery; common interest agreements

Article Abstract:

Guidelines for the use of common interest agreements during the discovery process are discussed. All privileges are narrowly construed by courts because they contradict the idea of full discovery. Dangers of making such agreements is discussed.

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Federal practice; discovery

Article Abstract:

Protection from an attorney having to produce work product is provided in Federal Rules of Civil Procedure 26(b)(3), yet at the same time Federal Rules of Evidence 612 gives an adverse party the absolute right to see any document used to refresh memory during trial testimony. Reported case law provides little relief from the tension between these two rules. A balancing test between these two rules is necessary.

Work product privilege (Law)

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