Discovery Referee ($490/hr)
- Court appointed or stipulation of parties.
The appointment of a Discovery Referee, whether by stipulation or court order, provides both positives and negatives to the parties. On the positive side, the parties can more quickly and directly resolve discovery issues, and thus more effectively pursue and evaluate litigation issues. On the negative side, there is an added expense and a new layer of uncertainty concerning allowable scope and timing of discovery. My role as Discovery Referee is to maximize the positives and minimize the negatives. In that regard, the parties should know the following:
- I am committed to promptly resolving discovery issues with a minimum of paperwork. That said, I often find it helpful to bring the parties into the same room to discuss the pending issues before issuing any Order.
- In my 40+ years as a California litigator/trial attorney, I have seen, researched, and argued just about every type of discovery issue that can arise in California, both as a Plaintiff-side lawyer and as a Defense-side lawyer. I know that times change, the law changes, every case is different, and the parties are entitled to “discover” testimony and documents as allowable by law.
- I expect the parties to not engage in obstructive or disrespectful conduct.
- For court-appointed work, discovery orders are subject to Court review and approval, in accordance with applicable law. I will make every effort to present my Orders in a prompt, clear, and comprehensive manner.
- The award of sanctions is to be reserved for the most egregious of situations.