links for 2008-09-09

  • former Colorado Supreme Court Justice Rebecca Love Kourlis, in an e-mail to ABAJournal.com: “Discovery is out of control. Attorneys know it; judges know it; and clients know it. E-discovery just makes it more obvious,” she writes. “We have to figure out a way to fix it. One fix is to add a requirement into the Rules of Civil Procedure that costs of discovery must be contained in such a way as to assure that they remain proportionate to the dispute–including attorneys’ fees, expert costs and document costs. Judges would then have to be willing to take control of litigation from start to finish in order to assure that the requirement is honored. To do so, they need resources.”

    (tags: eddexpense)