Unless you have been living under a rock or hypnotized by the recent presidential election, most of the litigating world understands and acknowledges that the Federal Rules of Civil Procedure (FRCP) were amended and adopted on December 1, 2015. Yet, while most practitioners have heard about the FRCP changes, many struggle to advocate strong positions for their clients. From preservation to production, proportionality is the name of the game.
Counsel must work to educate the entire court system (e.g. judges and clerks) to avoid meaningless pre-2015 citations to old rules and outdated case law. Below are just a few tips for moving the ball forward for broader adoption of much-needed proportional standards in litigation.
