6/21/2011

Warehousing Does Happen in Discovery, But It Didn't Happen to Jose Baez

Back in the day, I practiced law during the "Rambo" years - aggressive, litigious days in commercial business litigation where it was pretty much expected that if you went up against some law firms, you were going to be "warehouseed" in discovery.

Which meant that you would be given access to relevant documents in response to your discovery request, and when you went to their offices to review and flag their originals for photocopying, there would be boxes and boxes and boxes -- maybe even rooms and rooms and rooms filled with boxes and boxes and boxes - and you and your paralegal would be left there, with your stickies, to do what you thought best. 

Sometimes, we'd call for the cavalry and have lots of helping hands arrive to comb through everything.  Other times, we'd have an idea of things we were looking for, and we could pick through all those documents with some savvy.

Then, there were times we walked out and took it to a judge, moving to compel and maybe for sanctions. 

It's no different with a hard drive.  Even a personal home computer's hard drive can be compared to producing rooms filled with boxes filled with documents.  You can warehouse with a hard drive.

And with his "phone book" analogy, Jose Baez was arguing this morning that he's been warehoused,  He just didn't use the lingo. 

Problem is: he wasn't.  As the judge pointed out, he didn't just have the hard drive.  He was given target dates that were of interest.  That is like the attorneys on the opposite side of one of my complex business litigation cases saying, yes - here's access to everything, and by the by, we're targeting X and Y if you want to look there. 

Judge Perry has a lot more patience than I do. 

3 comments:

Anonymous said...

Reba,

Do you know where a copy of the Discovery Order they're all talking about can be found online?

Thanks!

A Voice of Sanity said...

Catherine Mambretti:

Privatize State-Run Crime Labs Now

Summary of the Anthony 'evidence'.

Reba Kennedy said...

Hi Anonymous,

You can find a link to the Order in the post here (scroll below) entitled "Jose Baez - Sanctions, Contempt of Court, and Bar Discipline ...."

Thanks for writing,
Reba