Battle-Tested Discovery Tactics and Weapons
Most litigation and settlement outcomes are determined in quarrelsome discovery fights. Coercion and confrontation are usually necessary to obtain evidence on the hotly-contested issues.
To help you win more of these important discovery skirmishes, Ashley Lipson’s Guerrilla Discovery offers dozens of clever strategies, novel arguments, direct answers, cautionary instructions, helpful timelines, tactically-annotated rules, and over one hundred innovative forms that will help you:
- Capture evidence establishing your claims and defenses
- Secure admissions
- Settle issues and disputes
- Impeach the enemy and its witnesses
- Uncover what the enemy is hiding
- Learn what the enemy has on you
How to handle defiant deponents and uncooperative attorneys with innovative discovery tactics and weapons. Just a few tips from the book include:
- Getting the truth out of your own client can be difficult. I have found a trick that always works. After your client has told you his side of the story, look him in the eye and say, ‘I believe everything you told me. But in order to be ready for the enemy, I need you to tell me something else. When that #!$?&! comes into court, what…?’ The truth is sure to follow this question.”
- “Is It Discoverable?” annotated checklist. Here are fast, direct, and detailed answers to the most common discovery questions. Includes “Six Degrees of Discoverability” quick-reference chart.
Requests for Admissions
- “Countless times practitioners waltz into court, dumb and happy because they have under their arms papers labeled ‘business records,’ as if those papers were self-authenticating and self-admitting. They are not! This blissful ignorance, however, is counterbalanced by attorneys on the other side who, upon hearing the magic words ‘business records,’ lay down and assume that there are no defenses to admissibility. Both positions are incorrect.”
- 23 requests for admission that are specifically designed to solve document admissibility problems ignored by discovery rules and universally omitted by forms books and treatises.
- “A well-drafted set of interrogatories should never receive fast answers. On the contrary, you know you have done your job when the enemy is forced to duck, weave, squirm and refuse. Take the greatest pride in questions that simply cannot be answered by the enemy.” Dozens of artfully-crafted, precisely-focused, and complete sets of interrogatories are provided. They establish elements, identify and locate evidence, attack pleadings, and assail experts.
- How to mix boilerplate and specific facts to create effective objections, with checklist of objections.
- Tricks for catching liars, showing bias, not accepting evasive answers (including “I don’t remember”), establishing a range for quantitative information, and generally handling difficult deponents.
- How to counter verbal and nonverbal coaching, coaching off the record, and obnoxious objections.
- Here is the dream responsive pleading … a Motion for Protective Order that contains every possible challenge to every type of discovery request.
- Before responding, review these 12 grounds for objecting to discovery requests. Then check the lists of objections specific to each discovery device.
- 16 objections to physical examinations.
You receive complete and targeted sets of strategically-annotated discovery documents, complete with responses and shields for each weapon: requests for admissions, interrogatories, deposition checklists, notices for production, and notices for inspection.
This book and Digital Access are designed to help you efficiently and with less aggravation get more from your discovery efforts:
- Firmly establish your allegations
- Learn of additional counts or causes of action
- Discover and weaken the enemy’s defenses
- Quickly eliminate fictitious and boilerplate defenses
- Obtain concessions and admissions
- Coerce settlement
Use Ashley Lipson’s Guerrilla Discovery to strike and parry quickly and painfully during your next discovery confrontation.
REVISION 16 HIGHLIGHTS
Guerrilla Discovery is the most complete and most comprehensive book on the subject of Discovery ever written. It more than covers the basic weapons of discovery (Requests for Admissions, Interrogatories, Notices for Production, Inspection, and Physical Examination, Depositions and Subpoenas); it directs and guides all manner of submission and enforcement.
Guerrilla Discovery and no other single source has:
- Coverage for all federal and state courts
- Tactics, rules, decisions, statutes, tips, samples, checklists, and protocols
- Tons of explosive forms for discovery demands, objections and opposition
- Over 2,000 annotations with cites of key cases, authorities and comments
- An arsenal of strategies, counter-strategies and anti-counter strategies
- A unique annotated list of EVERY defense/objection known to mankind
- Electronically Stored Information (ESI) resources, sources and guides
- All approved official judicial counsel form interrogatories
- Coverage of predictive coding and technology assisted review (TAR)
- Sample letters to smoke out every type of enemy obstructionism
- Valuable training for evidence and objections in general
- A step-by-step roadmap for noticing, taking and defending depositions
- Guides for avoiding and handling dirty discovery tricks
- Key Rules uniquely and thoroughly Annotated
- Special Glossary for electronic and digital discovery
- Pounds of sample interrogatories, RFA’s, notices and demands
- An armada of case law supporting every key issue
- Official eDiscovery court approved protocols, and conventions
- What to say, and what not to say at depositions and motions
- Basically – Everything you need for Discovery in one book
- Form 3.7 Stipulation and Order Setting ESI Search Terms
- Form 15.4 Rule 502(d) Order (Non-Waiver of Privileges)
- Form 18.1 Motion to Re-Open Discovery
NEW OR REVISED SECTIONS
Chapter 1. Fundamental Overview
- §1.40 Goals and Targets
Chapter 2. Is it Discoverable?
- §2.11 The Court’s Discretion
- §2.80 Criminal Discovery – Does It Exist and Is It Civilly Relevant?
Chapter 3. Electronic, Digital and Other Media
- §3.10 Preservation and Destruction
- §3.12(b) How to Construct a Preservation Letter
- §3.22(b) Locating Hidden Information
- §3.23 Real Evidence
Chapter 4. Weapon Selection, Attack and Enforcement
- §4.22 Federal Rule 26
- §4.26 Staying Discovery
- §4.27 Re-Opening Discovery
Chapter 5. Requests for Admissions
- §5.51 Option 1: Denial
§5.55 Option 5: Statement of Lack of Information
- §5.60 Enforcing the Requests
Chapter 6. Interrogatories
- §6.12 The Interrogatory’s Advantages Preliminary General Order
- §6.13 The Interrogatory’s Disadvantages
- §6.20 Tips for Timing Your Attack
Chapter 7. Notices for Production
- §7.30 Identifying Your Target
- §7.60 Responding to the Requests
Chapter 8. Requests for Inspection
- §8.10 Basic Training and Strategy
- §8.62 Objection and Delay
Chapter 10. Depositions
- §10.23 Expert Witnesses
- §10.60 Defending The Deposition
- §10.80 Deposition Admissibility
Chapter 12. Defending and Responding in General
- §12.12 Defensive Strategies
- §12.20 Strategic Compliance
- §12.30 Strategic Non-Compliance
- §12.43 Motion for Protective Order
- §12.44 Defending a Desperate Last Stand
Chapter 13. Defending Discovery’s Limits
- §13.32 Lack of Control
Chapter 14. Using the Work Product Doctrine
- §14.11 Definition and Description
Chapter 15. Using Traditional Privileges
- §15.11 Professional Privileges
Chapter 16. Exposing Burdensome and Abusive Tactics
- §16.33 Abusive Responses in General
Chapter 17. Enforcement
- §17.12 Using 37-Caliber Ordinance
- §17.20 Attacking General Objections and Boilerplate Responses
- §17.30 Appeals
Chapter 18. Reopening Discovery
- §18.20 Background
- §18.30 Consent and Stipulations
ABBREVIATED TABLE OF CONTENTS
CHAPTER 1. Fundamental Overview
CHAPTER 2. Is It Discoverable?
CHAPTER 3. Electronic, Digital and Other Media
CHAPTER 4. Weapon Selection and Attack
CHAPTER 5. Requests for Admissions
CHAPTER 6. Interrogatories
CHAPTER 7. Notices for Production
CHAPTER 8. Requests for Inspection
CHAPTER 9. Physical and Mental Examinations
CHAPTER 10. Depositions
CHAPTER 11. Subpoena Power
CHAPTER 12. Defending and Responding in General
CHAPTER 13. Defending Discovery’s Limits
CHAPTER 14. Using The Work Product Doctrine
CHAPTER 15. Using Traditional Privileges
CHAPTER 16. Exposing Burdensome and Abusive Tactics
CHAPTER 17. Enforcement
ABOUT THE AUTHOR
Ashley S. Lipson has been a practicing attorney and litigator for over 30 years. He is currently a lecturer, software designer and law professor. He has taught at The Detroit College of Law, Michigan State University, Pepperdine Law School and currently at The University of La Verne, School of Law.
He is probably best known as the creator and writer of the Objection! game series (the first computer games to be certified for mandatory continuing legal education) and as author of the books Documentary Evidence (Matthew Bender), Demonstrative Evidence (Matthew Bender), Law Office Automation (Prentice-Hall), and Is It Admissible? (James). He has developed the Lawyers’ Comprehensive Computer Document System and published 60 articles.
In addition to two undergraduate degrees in Computer Science (As.D.’s), Mr. Lipson initially received his B.A. in Telecommunications from Michigan State University. He then received his J.D. degree from St. John’s University Law School in 1970. Thereafter, Mr. Lipson earned an M.A. in Mathematics from Wayne State University and an LL.M. from that University’s law school.