Saturday

Workload Drivers - Changing discovery, updated drivers?




Question: We understand that applicable drivers may change during the life of a case. For instance, at the beginning of a case, we may have a good faith belief that a client is an armed career criminal, but further investigation assures us that he is not, and so we remove that driver once our investigation is complete.

Does this idea of change apply to the discovery drivers?

Answer: Yes. Drivers may be added or removed at any time during the life of the case. If the driver is no longer necessary to explain what is requiring the time entered in defenderData, it should be removed. As you note above, once you have eliminated threat of an ACCA  enhancement, that driver should be removed.

Discovery can and will change during the life of the case. When that happens, it is important to update the drivers. For example, if there is a “data dump” of a terabyte drive on a fraud case that previously had a thin paper file disclosed, one would want to immediately update the discovery drivers. Those updated drivers will help explain the resources devoted to the defense, as the team bills to the case.

.