Reports: little discovery abuse; fuel reform opposition
Article Abstract:
The National Center for State Courts has completed two studies maintaining that discovery abuse is much less widespread than has been claimed and that problems can be controlled without major changes in discovery rules. The Center strikes at the proposed amendment of Federal Rule of Civil Procedure 26 that opposing parties exchange key information before discovery with its finding that no discovery is undertaken in 42% of civil cases. Lawyers do not want to mandate disclosure in cases that would normally not involve discovery.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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The battle escalates on reform: will case management measures work?
Article Abstract:
Legal experts are concerned that divergent plans for civil justice reform may result in a compromise which will not address current problems with the system. Federal district courts are experimenting with different case management techniques under the Civil Justice Reform Act of 1990. The results of these experiments will be used to make further proposals. There is a conflict between meeting different regional needs and the possibility of undermining the traditional national uniformity of federal litigation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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'Noisy withdrawal' held a duty
Article Abstract:
The ABA Standing Committee on Ethics and Professional Responsibility has ruled that an attorney representing a client who intends to commit fraud should withdraw very pointedly from the case, thereby warning third parties of the situation. This means that the ethical rule forbidding lawyers from aiding client fraud takes precedence over the attorney-client confidentiality rule. Approximately 12 states have incorporated this provision into their ethics codes.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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- Abstracts: Divvying up war chests; debate over campaign finance reform focuses on 'soft money.' Take the pain out of contributing; complexities of campaign finance laws can cause the unwary to stumble
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