Welcome. You might have questions, this might have answers.
1. Why would anyone write a blog dedicated to discovery?
Depending upon the court, up to 98% of the cases filed in Las Vegas resolve without ever going to trial. The vast majority of cases are won or lost in the discovery process. Unfortunately, the three Discovery Commissioners (two in Las Vegas, one in Reno) who hear the vast majority of discovery disputes in Nevada’s largest court systems cannot publish their decisions. The Supreme Court of Nevada is perpetually swamped and is rarely given the chance to issue cases on discovery issues. This all leads to a great deal of uncertainty and frustration at times as to how the discovery process is to be conducted.
The purpose of this blog is to discuss issues many lawyers confront on a daily basis in the hope that uncertainty and frustration can be limited. If so, this means I will spend fewer lovely Las Vegas Friday mornings in a suit, stuck in a cramped, windowless courtroom waiting to argue discovery motions.
If you’ve read this far you probably also need to know anything you read here probably won’t make you the life of a party. It probably also will not help you explain why you decided to become a lawyer.
2. Who is writing it?
Michael Lowry, a partner in Wilson Elser’s Las Vegas office. By day, I am a litigator asserting clients’ interests across the state in matters ranging from retail and hospitality claims to transportation, professional liability and commercial matters. I enjoy long walks on beaches and clients who pay their bills. By night, I am but one of millions calling themselves “bloggers” laboring under the delusion that their thoughts are worthy of sharing.
3. Who owns it?
See #2. This is not an “official” firm blog nor is it in anyway associated with or attributable to my firm.
4. Why should I care what this blog says, especially if I’m not practicing in Nevada?
I have practiced in Las Vegas since 2007 and, as a fact of modern civil practice, the majority of my time is spent on discovery matters rather than trial. Most of the issues that arise on this blog will probably be from personal experience or a new issue that confronts me as cases progress. The point is I have lost too many Friday mornings to 30 page calendars, like the one in the picture, in the aforementioned cramped, windowless courtroom on these same discovery issues time & time again to remain quiet. The goal is to lessen the number or at least length of Friday discovery hearings for everyone.
If you are outside of Nevada, consider this. “Federal cases interpreting the Federal Rules of Civil Procedure are strong persuasive authority, because the Nevada Rules of Civil Procedure are based in large part upon their federal counterparts.” Executive Mgmt., Ltd. v. Ticor Title Ins. Co., 118 Nev. 46, 53, 38 P.3d 872, 876 (2002) (quotation and citation omitted). The federal rules have been adopted in many areas of the country. If Nevada is interpreting the rule one way, your local courts might do the same thing.
5. Does anyone actually read this blog?
Some folks at the ABA Journal read it on occasion, but probably no one else.
6. So what does the author get out of this?
I would be happy if the blog leads to more Fridays featuring jeans and sandals instead of suits and a cramped, windowless courtroom.
7. Why do you sell out and accept sponsored posts?
Running a blog is not free. I author and retain final editorial control over all posts, period. Sponsorship does not impact the substance of my posts, but I disclose that the post is sponsored to maintain transparency. If a post is sponsored it is because a vendor has on topic information that could help lawyers be better practitioners.
8. Can I get CLE credit for reading this blog?
9. I need legal advice!
Then hire a lawyer. This site provides general discussion of a variety of legal issues but does not provide legal advice, to anyone, at all, ever. With that in mind, no user should communicate anything of a confidential nature to anyone through this blog. If you do, assume the entire world will read it (the NSA did) & the information is no longer confidential. Any communications through this website do not create attorney-client relationships. If you would like an attorney-client relationship, there is a wonderful little agreement a lawyer will need you to sign in addition to sending a sizable check that then actually clears (details, I know).
Remember, I am licensed in Nevada and its federal courts, no where else. Do not assume anything in this blog applies to you or is accurate, especially if you are in Nevada.
10. You did not respond to my witty email/comment!
You may contact me through the Comments? Questions? tab at the top of the site. I always appreciate users who send tips, leads or suggested topics. I also appreciate that some of you might not want your employers/clients/potential Match.com dates knowing that you read this blog, so I will not attribute a post to a reader unless specifically requested. Even then, the request would be handled on a case-by-case basis.
The comment feature is disabled because of trolls. As to your email asking me to represent the Crown Prince of Nigeria in repatriating profits from the United States for a generous 50% commission, go ahead, guess what I did with that email.
11. You are wrong!
It’s not the first time and won’t be the last. If a post errs in some material way, please use the Comments? Questions? tab and let me know.
12. I’m going to cite this blog in my discovery motion!
I would attempt to dissuade you from this horrific idea, but fear your decision is made. Instead, if you actually go through with it, please let me know when your motion is set for hearing. I may then apply for media credentials permitting me to video record the hearing and then post the video to this blog. Why? I suspect the hearing will resemble the end of Indiana Jones & The Temple of Doom where people are falling off bridges and cliffs into a river full of hungry crocodiles. I also suspect by citing this blog as persuasive legal authority, you too will be jumping off a cliff into a river of hungry crocodiles.
13. I want to link to your blog!
Please ask permission first. I am pretty reasonable, but framing is not permitted. Compelling Discovery reserves its right to withhold or withdraw permission for any link.
15. Links to Third-Party Web Content: Compelling Discovery occasionally contains links to websites and services owned by third-parties over whom it has absolutely no control. By offering this link, Compelling Discovery does not endorse their content, operators, products or services. Compelling Discovery is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from these sites. Compelling Discovery is not responsible or liable in any manner for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through these sites.