Monthly Archives: December 2012

The best work day of the year.

Today is my favorite workday of the year.

Obviously, I love being home with my wife and family during the holidays, but I can’t shake my affinity for working the days between Christmas and New Year’s. December 26th is the best day of the year to be in the office.

Like many offices, ours is half-empty because a lot of folks have decided to stretch the holidays into a week of family time. My phone will barely ring today because clients, opposing counsel, and insurance adjusters are busy vacationing or just enjoying family time. Other than new case intake (unfortunately, serious injuries don’t take the holidays off) I don’t expect to get many calls today.

So today is a great day for catching up on correspondence, writing and blogging. Got an unusual case where you need to custom-draft discovery requests? Today is the perfect time to do it. Responding to a motion or working on an appellate brief? Today is ideal.

So I plan to spend the day in my office listening to music and catching up on a variety of writing I have been trying to find time for.

Of course, my happy outlook on being at the office the day after Christmas has nothing do with the fact that my house looks like a Christmas cyclone swept through it. I promise.

I hope you have all had a great holiday season, and that if you find yourselves working today, you are being productive!

Citing 50 year-old cases from trial courts that no longer exist isn’t super persuasive, just so you know.

The most time consuming part of getting any case ready for trial is discovery. This is the process of the two sides learning (discovering, get it?) information about each other’s cases before trial. This is what the lawyers and clients spend their time doing for most of the year between when the case is filed and the trial.

Discovery happens two ways- by exchanging written material, and in person. In person discovery is usually in the form of a deposition, where witness testimony is taken under oath and transcribed for use later on. That’s not what this blog post is about.

I am here to talk about written discovery, or more accurately, the often ridiculous objections I see used in an effort to avoid answering it. The two primary forms of written discovery are interrogatories and a request for production. Interrogatories are written questions to the other side that must be answered under oath. A request for production is kind of the same, except it is a set of written requests that the other side produce documents or other tangible things relevant to the case.

When you receive the other side’s answers to your written discovery, you are going to get one of these three things (or some combination thereof): 1) an answer, 2) an objection, or 3) an objection with a partial answer. Under the Maryland Rules, only options 1 & 2 are really allowed, but option 3 is kind of an “everybody does it anyway” type deal.

That’s all fine. Objections to discovery requests are and should be allowed. Sometimes they are even meritorious (usually not). But what really bugs me is the way the objections I see over and over are supported. I think there are law firms in Maryland that have been using the same cases to support discovery objections since before I was born.

Here is a smattering of citations that were used to support objections to discovery requests that I have received this year (I swear this is true):

Sperti v. Muir, Court of Common Pleas of Baltimore City, Prendergast, J., Daily Record, Aug. 10, 1966, Maryland Rules Decisions, Pg. 291.

Thorn v. Good Humor Ice Company of Baltimore, Superior Court of Baltimore City, Prendergast, J., Daily Record, May 8, 1964, Maryland Rules Decisions at 265.

Brocato v. King, Daily Record, June 29, 1956.

OK. Here’s the thing. First, these are all unreported trial court opinions, which may not be cited as authority under Md. Rule 1-104 and the cases interpreting it. So that’s a problem. Second, they are trial court opinions from trial courts that no longer exist. Go to the Maryland Judiciary’s website and let me know when you find the Superior Court of Baltimore City, or the Court of Common Pleas of Baltimore City. Third, Maryland Rules Decisions was never an official reporter, just an unofficial volume put together by one of the bar associations. Finally, you can’t even get copies of these opinions anymore, at least not on Lexis. I even tried just to see if I could and got nothing.

So the moral of this story is that if you are going to object to my discovery requests, why not try to find some authority that is younger than I am, that’s actually from a published case, and maybe even from a court that still exists? I mean, it can’t really be that hard to find a real case that supports your objection, can it?