1. The 17 subgroups whose responses were compared are listed in appendix D.
2. There is reason to suspect that the percentages reported in this paragraph understate how often clients persuade their lawyers to resist disclosure. Some attorneys intimated that admitting that their clients could pressure them into taking questionable positions would reflect badly on their professional ethics and on their capacity to control the professional dimensions of the attorney-client relationship.
3. Thirty-eight percent of the defendants' attorneys and 42 percent of the attorneys who primarily represented large corporations favored narrowing the scope of discovery, while among the plaintiffs' lawyers and the attorneys who primarily represented individuals the figures were 23 and 22 percent, respectively.
4. To identify principal client types, the interviewers asked the attorneys: “Focusing on your work in civil litigation over the past two years, has any one type of client or institution been the source of more than ten percent of your litigation work during that period?” Attorneys who answered in the affirmative then were asked: “Would you please identify the client types?” and “What percentage of your work has each client type produced?”
5. A few lawyers reported a closely related type of conduct that they probably would not classify or define as evasion. It consists of an attorney pressuring witnesses whose testimony will hurt his client to be unavailable for depositions.