Discovery

LTB logo

Judge Invites Bickering Attorneys to “Kindergarten Party”

When judges get fed up with discovery disputes, this might happen:     Greetings and Salutations!     You are invited to a kindergarten party on THURSDAY, SEPTEMBER 1, 2011, at 10:00 a.m. in Courtroom 2 of the United States Courthouse, 200 W. Eighth…


LTB logo

Deposition Battle Over Definition of “Photocopy”

Also from Cleveland (via the WSJ Law Blog) comes another story of lawyers doing battle, this time over the meaning of "photocopy." The Cleveland Plain Dealer reported on a deposition taken in a dispute apparently before the Ohio Supreme Court over…


LTB logo

Search of Lehman Brothers E-Mails Suggests Words, Phrases to Avoid

The piece below was my second column for Forbes.com.  There have been two since, and I will get those posted here shortly.  Forbes (the website, not Steve personally) has just posted my latest column, about a study finding that the more your…


LTB logo

Former Pathological Liar May Be Deposed in Contract Case

The obvious headline for this one, "Yeah, that's the ticket!" has already been used many times by now.  I successfully resisted the urge to use it myself anyway, but it wasn't easy. Jon Lovitz, who portrayed "Tommy Flanagan: Pathological Liar"…


LTB logo

Watch Those “Jury Duty” Tweets, People

I was on NPR's Science Friday show this week, yapping about how lawyers are using Facebook profile information as evidence (summary: we use it all the time, if it might be relevant), and one of the topics we discussed is…


LTB logo

Fall Is Here . . . A Great Time to Schedule Surveillance

This is from some spam we received today: Fall is in the air and as the temperature continues to drop, now is the time to schedule surveillance. Don’t miss the opportunity to catch your subjects outside and active before it’s too late….


LTB logo

I Am Sorry

I am sorry that Mr. Murphrey had to go through what he describes in this letter. I am sorry that attorneys sometimes act unprofessionally and even childishly. I am sorry that I did not have a chance to post this…


LTB logo

Parties Ordered to Conduct Deposition at State Line

Here’s an order going directly to the Lowering the Bar Legal Document Archive.  Apparently, in a lawsuit pending in the Western District of Texas (at Austin), the parties were unable to agree on whether the deposition of a corporate representative…


LTB logo

Deponent and Counsel Jointly Sanctioned $367 Per F-Bomb

"Few depositions warrant sanctions more than this one," wrote Judge Eduardo Robreno (E.D. Pa.), in this opinion dated February 29, before embarking on an "extended discussion" of the conduct to show why.  The story and a PDF of the opinion…