How many litigators feel like discovery will eventually drive them to quit? After almost 20 years doing this, it’s become abundantly clear that discovery has very little to do with getting the evidence you need for trial, and much more about either hiding the ball or just making it expensive for the other side. This means endless fighting about nonsense that isn’t going to matter and likely will never be used at trial.

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I’m convinced this is largely because no one tries cases anymore so they don’t know what actually matters and they think they need every solitary scrap of paper or else they’ll miss the key document somehow. Or maybe it’s because of the perverse financial incentives to just fight about documents instead of who should actually win. Either way, is anyone else in the same boat?

likesmart

100% yes, love litigation, loathe discovery.

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Completely agree. It’s mainly why I’ll only handle writs and appeals from now on. You still get fights over administrative record issues, but nothing compared to the pointless charade of discovery.

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Agree 100%. The bane of my existence.

Discovery work is not practicing law. It’s just a way to bill.

First year litigation associate. I just switched to something transactional literally because of this. Saw it for what it was right away and said nope.

Egghh. Part of the job IMO. Never look for a discovery fight, but when the other side just refuses to give you important stuff, gotta know how to get in the mud and get what you need.

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