What do you call the litigation tactic (especially in discovery) where OC hounds you to hurry up on everything, then they drag their feet and do bare minimum in return? "Speed-up slow-down" tactics?

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FWIW, as a biglaw commercial trial lawyer who works both sides of the aisle more or less 50/50, I see as much or more discovery obstruction from biglaw defense lawyers (when I’m on the plaintiff side) as I do from plaintiff lawyers (when I’m on the defense side).

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I call it plaintiffs’ attorneys being plaintiffs’ attorneys

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Ignore the hounding, meet your obligations in a timely fashion and use available tools to enforce OC’s obligations (meet and confer and notions as a last resort). OC wins only if you are reactive.

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I call it litigation. Just respond to everything in a polite and prompt way so that you have a record of your good faith discovery conduct. Same goes for any emails to the opposing side when they appear to drag their feet. We’re all human and litigators juggle so many schedules and deadlines and clients that the most imminent thing shifts from day to day and case to case. If the other side is obstructing discovery it always serves your client well for your communications to be objective and productive.

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Yes, standard M1A1 litigation tactics. If the other side is engaging in dilatory tactics and not complying with their discovery obligations file a motion to compel. IMO these motions are extremely valuable (and a bit underused in my experience). In addition to getting the discovery you need, you get the chance to educate the Judge about your case, and you’ll get a preview from the Judge about how he/she feels about various issues in the case.

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