Are Discovery and Pre-Trial Victories the Only Big Game in the Litigation Hunt?
The quote below (though unduly harsh) points to a problem we've had in the AmLaw 200 since most cases became too big to try.
I'm coming back to this, promise.
Now I'm just linking to John Wade's (as always brilliant) article -- Judicial Decision Making in Australia -- that quotes it.
“Because litigators rarely win or lose cases, they derive job satisfaction by recasting minor discovery disputes as titanic struggles. Younger lawyers, convinced that their future careers may hinge on how tough they seem while conducting discovery, may conclude that it is more important to look and sound ferocious than to act co-operatively, even if all that huffing and puffing does not help (and sometimes harms) their cases. While unpleasant at first, nastiness, like chewing tobacco, becomes a habit… Without guidance as to appropriate conduct from their elders, either at the firm or at the bench, it is easy for young lawyers not only to stay mired in contumacious, morally immature conduct, but to actually enjoy it.” D Yablon, “Stupid Lawyer Tricks: An Essay on Discovery Abuse” (1996) 96 Columbia Law Rev 1618.




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