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IBA: Pause for Professionalism

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The situations are all too familiar – maybe you have just received discovery requests from opposing counsel and they are asking for your clients to provide more information than if they were going through a Senate confirmation hearing. Or you have propounded reasonable discovery requests only to find that your opposing counsel is objecting to every request using just the phrase “We don’t want to provide that. “Or opposing counsel has sent you thousands of pages of documents and, for every discovery response, has stated “It’s probably in there somewhere.”

Discovery can be a time consuming and often very frustrating part of litigation. Often, the rules don’t provide enough information to cover every possible situation and you can often feel like you are adrift in a sea of responses.

As a part of its Pause for Professionalism video series, the Professionalism Committee has recently released a video of Hon. Tim A. Baker, United States District Court, Southern District of Indiana in a video entitled “Civility in Discovery.” Judge Baker provides helpful hints for how to solve discovery disputes as well as some common pitfalls to avoid. Judge Baker also provides some insight for how much judges want parties to resolve their discovery issues without the intervention of the bench. Judge Baker’s comments and tips provide insight to practitioners across the board and can assist with discovery issues in every court.

New videos will be distributed every other month and are available on the IndyBar website at http://www.indybar.org/resources/video-gallery.php. If you have any suggestions for future topics regarding professionalism and civility, please email them to Caren Chopp at cchopp@indybar.org.•

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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