September 21, 2007
Litigation Management Features Civil Discovery
Third in the ten-part series for Litigation Management features the topic of Civil Discovery from the perspectives of the judge, the plaintiff’s counsel, and the defendant’s counsel on Tuesday, September 25 from 11:30 – 1 p.m. for 1.5 hours of CLE credit.
Judge Richard A. Frye, providing the judge’s perspective regarding Civil Discovery, relates, “Pretrial discovery is available in virtually every civil case. Used wisely, it results in parties understanding each other's positions, and ultimately leads either to settlements or case-dispositive motions in the vast majority of cases. However, pretrial discovery can become a battleground in which lawyers' egos take over, or in which ‘hiding the ball’ is a goal, yielding unnecessary cost, delay, and public dissatisfaction with the legal system. This presentation is intended to reinforce the appropriate, and valuable, role of civil discovery, and discourage inappropriate use of it.”
Scott Elliott Smith of Smith Phillips & Associates, representing the plaintiff’s perspective for civil discovery, shares his side of the issue, “Discovery in civil matters is the method by which useful information is obtained from the opposing side or interested nonparties after litigation has been commenced to adequately prepare a case for settlement and trial. The Ohio Civil Rules and Local Rules of court provide a formalized guideline for conducting discovery. In most instances, the free flow of discovery in civil matters is considered the norm. In fact, many times discovery will be exchanged informally that in turn benefits not only the respective clients but counsel and the court.”
Smith continues, “Although the bench has a general disdain for discovery disputes and is often impatient with counsel and the parties despite their best efforts, it is the court’s duty to fairly apply and enforce the Civil Rules of discovery in an effort to promote fairness and assist in the orderly and efficient means by which a case may be resolved or readied for trial. Counsel will offer creative and practical ways to promote and complete discovery in a variety of scenarios.”
On the other side of the fence, Curtis F. Gantz of Lane Alton & Horst will provide the defendant’s perspective and states, “Pretrial civil discovery is extremely important in preparing a defense in a civil case. I will offer some practical suggestions to make the discovery more effective and the strategic use of discovery in a civil case.”
Don’t miss this chance to examine all sides of discovery. Complimentary sandwiches are served between 11:00 a.m. and 11:30 prior to the seminar. No food is allowed to be consumed during CLE, and pre-registration is advised so that you can participate in the lunch. Register online here or phone 614/221.4112 for event #3717-3. The cost is $45 prepaid/$55 day of for members, $65 prepaid/$75 day of for non-members and $30 prepaid/$40 day of for paralegals.