Discovery Wars

In their August 2020 article, “Discovery Wars,” Madhavi K. Seth and Vikram S. Arora explore Illinois and federal professional and procedural rules when preparing a client’s employees as knowledgeable witnesses and contacting the adverse party’s employees for evidence. Being aware of the sanctions that attorneys may face for not meeting their obligations under the rules is important, Seth and Arora argue, not least because, in discovery, litigators can find themselves walking a fine line between zealous advocacy and ethical pitfalls. Modern American jurisprudence has led many attorneys to seek guidance on their obligations under Illinois procedural and professional conduct rules when preparing their client’s employees as witnesses and contacting an adverse party’s former or current employees during discovery.

Read more in the August issue of the Illinois Bar Journal.