Speed Dating With An Elephant: A Successful In-class Discovery Exercise
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Transcript of Speed Dating With An Elephant: A Successful In-class Discovery Exercise
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First, some context.• Writing in Law Practice
- 3 hour summer course.
• Two law firms representing opposing parties in civil litigation.
• Focus on pre-litigation drafting.
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Important Course Objectives• To expose students to the drafting skills private practice lawyers need to
handle a case in the course of civil litigation;
• To enable students to build on the legal writing and research skills they learned in the first year;
• Teach students to -examine information in its original form and discern
information relevant to the litigation;
-make strategic decisions about litigation based on the client’s expressed goals, the facts
of the case, and the law; -foster the interpersonal skills needed to work
cooperatively and collegially with attorney colleagues,
opposing counsel, and support staff.
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Assessment Tools – all in 7 weeks.• Cover Letter and Résumé• Memo to File re: Client Interview• Partner Conference (in class exercise)• Researched Email Office Memorandum• Client Advice Letter• Complaint (Plaintiffs)• Answer (Defendants)• Discovery Assignment (in class drafting)• Motion and Supporting Memorandum (Protective Order for Mental
Health Records)• Mediation Statement• Settlement Agreement, Release, Stipulation,
and Final Memo to Partner
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Discovery Night – The “Speed Dating” Plan
Round One1. Draft Requests• Interrogatories and
Request for Production
2. Serve Requests
Round Two1. Receive Requests
from opposing party
2. Answer requests from opposing party
3. Serve Responses
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Discovery Night - Instructor Prep
• Prepare case file materials• Prepare discovery log• Coordinate deadlines for serving requests and
responses
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Sample Discovery Log
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Discovery Night – Associate Prep• Assigned reading on discovery practice• Discussed good discovery practice:– Rules and purpose– Importance of written discovery– Scope, objections, and privilege– Standards and deadlines – Strategy and discovery plan
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Discovery Night – Associate Prep
• Discussed rules for drafting requests and responses:– Clarity– Attention to detail– Need for instructions and definitions– Non-argumentative tone
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Discovery Night – The Drafting Process
• Worked in teams to develop proposed interrogatories and requests for production from our client.
• Used Google Docs and worked together to produce one document for each type of request.
• Served opposing counsel.• Followed same process for responses.
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Skills!!!• Working under deadline pressure• Editing• Teamwork• Experiencing peer adversary match-up• Evaluating reasonable v. unreasonable
requests (on both sides)• Evaluating holes in pleadings (on both sides)
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What came next?
• Collective “whew.”
• Discovery Motion: motion to compel the production of mental health records based on information disclosed in discovery responses.
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Adaptable Exercise?
Yes! – Works in one class or two– Team drafting helps this exercise work for large or
small classes– Fits into litigation timeline or works well as a
stand-alone, in-class drafting exercise
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What worked?• Technology• Drafting teams• Quick pace = boredom buster• Giving students leadership roles• Reflection on drafting skills, not only for
discovery, but also for pleadings
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Instructors’ Notes
• A lot of prep, but totally worth it.• Group work helps make their work load
manageable (and yours!).• Self and peer-assessment make your work
load manageable.
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For More Information About Toni and Flora . . .
www.oneluckyelephant.com
RIP David Balding, who passed away on May 9.