Monday, March 10, 2014

Disclosing Documents: Necessary Evil or Fodder for Drama?


It never ceases to amaze me when I have to sit in Court and listen to two attorneys fight over discovery. Even if you turn the sound off, you can tell exactly what is going on. The attorneys are overly agitated about the prospect of providing a document/demanding a document and the judge is bored and angry that they have to sit through the entire dispute. It goes on for a while, with the attorneys pacing around, making accusations, dramatically gesticulating and generally putting on a show for the onlookers in the Court. And after it is all done, and the judge directs the party to provide the document because it is clearly relevant and this was yet another exercise in futility, the attorneys go outside in the hall, have a good laugh, shake on it and then venture off into another cold New York City morning.

After getting up far too early because of the time change, it was the theater of the absurd that greeted me in Court this morning.

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