Question: The "Discovery Issues" drivers asks if the lead attorney determines
that the volume of discovery significantly complicates the defense of the case
and then asks for the amount. What
amount are most offices considering to be enough to warrant selecting this
driver?
Answer: We don’t want to skew the data produced, so are
reluctant to discourage this driver selection by any presumptive floors.There is no broad consensus on what constitutes, "discovery issues" or "voluminous discovery" -- we anticipate that the figures associated with the discovery sets will reveal much about this driver.
However, as a practical manner we’ve noticed that attorneys
have only selected this driver when the volume of discovery becomes an issue
unto itself, that complicates their substantive review of the case. “Routine” discovery
sets in Section 922(g) cases, or straightforward Section 1326 cases, have not
triggered this driver.
By contrast, the involvement of a paralegal to help with
discovery, the need to use Casemap to review it, large disclosure sets that
require discovery logs, unwieldy .pdfs that are too large for tablets unless broken up – these are all factors that have triggered this driver.
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