1. Discovery Discovered

2. Relevance … or… FRCP 26(b)
Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.
What does that mean? What does it imply?

3. Privilege Relevant Admissible
But… public policy demands this protection.
WHY? What is its purpose?

4. Whose Privilege? Privilege belongs to the client…
Not to the attorney or paralegal
Client may waive it, we can’t.

5. Other common privileges
Spouses
Clergy-Penitent
Doctor-Patient
Pyschotherapist-Patient
Settlement Negotiations
Why?

6. Common Interest Doctrine
When attorneys work together…
Or when we have a legal team.
Shared interest with the client. We are ONE.

7. Work Product Doctrine
Material prepared by or for the attorney regarding:
Legal Theories
Defenses
Strategies
Methods of Impeachment
Conclusions, Opinions, Theories

8. Internal Investigations
Audits where required or encouraged by regulations…
Protected? If so, when? WHY?

9. Electronic Discovery
Brave new world… still, and constantly developing.
Often the source of protective orders.
Why?
Metadata?
Description, Size, Access, Location, Operation, Control, Cost, Connections to other material, Transient, Nonstandard Software, and Preservation, Running Programs…

10. IT
What is IT?
Know your client!
See checklist page 315

11. Gone, but not forgotten…
Deleted material
Trash
Shredded
Recycle Bin
Hard Drive
The Cloud
Partner organizations
Clients of the client
Copies of copies…

12. Claw Back Provision
Include a provision that allows privilege to be applied to data already provided…
used to prevent malpractice in E-Discovery
WHY do we need it?

13. Fed and Cal Discovery Plan? SHARED??? Federal Rule 26(a)
Meet and Confer
WHY?
California has a CMC …
Case Management Conference

14. Scheduling Order Federal: See pages 304-305
California is generally more flexible.

15. Initial Disclosures
Not part of the interrogatories, nor the limited number of questions allowed.
Required in addition:
Identity of Individuals with discoverable info
Insurance Agreements
Computation of Damages
Expert Witness List
WHY??

16. Let the Games Begin! Question selection and drafting… Art or Science?
Cause of Action
Defenses
Evidence in its best form
Primary sources
Strategy
Cost
Ethics

17. Objections! Motion for Protective Order
Vague
Overly Broad
Unduly Burdensome
List every phone call and describe the nature of the conversation that took place.

18. Who Should Answer the Questions?
Client?
Attorney?
Wording?
Team Effort!

19. Good Faith Policy of Destruction?
Juries can be instructed that documents destroyed may be considered to have held information unfavorable to the one who destroyed them!
Companies that have a standard, good-faith Policy of destruction of records will not be penalized. Does your client have such a policy?

20. Depositions
Client Expectations?

21. Preparing the Deponent
Clients typically have expectations based on TV shows…
We do not object to everything
We are “nice” to the other side
We may ask questions that seem irrelevant

22. Paralegal's Role Listen to outside conversation … gasp! Spy?
Take Notes
Keep an eye on your witness
Observer of human conduct in general?

23. Deposition Digest Time consuming task, usually given to paralegals
Summarize important points
What does that mean? See page 335
Mark transcripts or video locations for trial
Some come from the reporter in electronic form with Boolean search ability…

24. Words, words, words
IS there a difference between spoken and written words?
Explain…
So, what should the paralegal look for and make note of?

25. Stipulations Have objections resolved at trial?
Holding or delivering copies of the depo