When drafting discovery objections, do you include all possible objections, or do you try to tailor the objections to the specific request? I’ve always done the latter but am starting to feel like I’m the only one. For instance, why would I object to a request for documents filed with a government agency on the grounds of ACP and work product? That makes no sense, but I see people do this type of thing all the time.

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Because companies frequently try to argue that giving documents to the government in connection with an investigation doesn’t waive privilege in private litigation. And no, id make the objections that apply, but you need to understand what objections apply in which circumstances.

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That’s really good to know—thank you!

Tailor them. People don't because they are lazy. Make broad but applicable objections.

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This. It makes you much more sincere.

You should definitely tailor your objections. I’ve successfully argued that opposing counsel waived certain objections by using the same generic, copy-and-paste responses for each request.

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Should tailor them, but note that boomer partners may prefer you throw the kitchen sink, even where the objection is inapplicable.

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Tailor. See Fischer v Forrest. https://www.americanbar.org/content/dam/aba/publications/litigation_news/fischer-forrest.pdf

When producing to the government I do brand every document with a FOIA exemption claim and ask in my cover letter that they notify of any requests.

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