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Zealous advocacy or hyper-advocacy in federal civil litigation

In a broader light:The US Courts email news (11/23) notes that (1): A report to the Chief Justice says educating lawyers, clients, and judges should be part of the federal judiciary’s efforts toward cutting costs and delays in federal civil litigation. Excerpted (2) from the Report's topic of discovery:

Empirical studies conducted over the course of more than 40 years have shown that the discovery rules work well in most cases. But examining the cases in which discovery has been problematic because, for example, it was disproportionate or abusive, requires continuing work…rules alone cannot educate lawyers (or their clients) in the distinction between zealous advocacy and hyper-advocacy…
There was significant support across plaintiff and defense lines for more precise guidance in the rules on the obligation to preserve information relevant to litigation and the consequences of failing to do so….
On the need for strategies in addition to rule amendments:
The many possibilities for improving the administration of the present rules can be summarized in shorthand terms: cooperation, proportionality; and sustained, active, hands–on judicial case management. Many of the strategies for pursuing the possibilities lie outside the rule making process….

(1)http://www.uscourts.gov/News/NewsView/10-11-23/Report_on_Civil_Litigation_Education_Training_Keys_to_Improvement.aspx
(2)http://www.uscourts.gov/viewer.aspx?doc=/uscourts/RulesAndPolicies/rules/2010 report.pdfReport to the Chief Justice of the United States on the 2010 Conference on Civil Litigation, Submitted by the Judicial Conference Advisory Committee on Civil Rules and the Committee on Rules of Practice and Procedure-hosted at Duke U. Law School, May, 2010.

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This page contains a single entry from the blog posted on November 24, 2010 10:15 AM.

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