Disclosure and Discovery 1.pptx - Civil Disclosure and...

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Civil Disclosure and Discovery 1
2 Hypo An Asian-American woman works as an associate at a law firm. At the firm’s end-of-the-year party, a senior partner, clearly intoxicated, directs several inappropriate comments toward her that mock her gender and race. The associate meets with the firm’s managing partner to discuss the problem the next week. Two months later, the firm fires the associate, claiming that she has not performed adequately over the previous five months. The associate believes that the firm got rid of her before she made a bigger deal of the senior partner’s inappropriate behavior, so she files a lawsuit alleging that her termination amounted to unlawful employment discrimination.
Question? 1. Can the Attorney immediately file a complaint with a Court?
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4 Rule 11 1. By presenting to the court [a complaint] any attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances 2. * * * 3. (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law … 4. (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery ….
5 Overview Of Process 1. First Client Interview a. Who (work, party, etc) b. Collect Documents c. Feedback, Performance Reviews, Letters of Appreciation 2. Fact Investigation a. Attorney or PI visiting scene and conducting interviews. 3. Legal Research a. Do I have a cause of action? b. What do I need to prove? 4. File Complaint a. Starts the process of disclosure and discovery
6 Overview of Process Continued 5. Motions, Answer, Planning conferences 6. Disclosure (Rule 26(a)) 7. Discovery (Rule 26(b)) 8. Motions, Settlement Efforts, Trial, Appeal
7 Disclosure– FRCP 26(a)

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