Litigators do not enjoy document discovery, and our clients do not want to pay us for it. But in commercial litigation, the case is in the documents, and if we do not learn the documents, we will not advance the case.
Not long ago, my associates and several of our client’s personnel were met at a warehouse by our adversaries and several armed “security” guards. They intended to monitor our search for additional documents in the second phase of a commercial arbitration. One of the lawyers on the other side said, “After what you found last time, we’re not giving you free access again to roam the warehouse.”
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