Views from the Front lines: Observations by Chicago Lawyers About the System of Civil Discovery

Abstract

This is the first in a series of articles that will report the results of a pilot effort to assess how well the system of civil discovery is working and to identify the principal problems which burden that system. The study revolves around interviews with 180 Chicago area litigators. This first essay, which synthesizes observations, insights, and complaints by interviewed attorneys, suggests that the world of civil discovery is not one monolithic whole, but consists of subworlds which exhibit clearly distinguishable features and problems. In addition to describing the principal problems which afflict the discovery system in its two major subworlds, the author reports what the interviewed lawyers suggest are the primary causes of those problems. While the litigators identify many ways in which the character of lawyering encumbers and disrupts the discovery process, they also locate much of the blame for the system's problems in the behavior of judges and the inefficiency of the judicial machinery. The interviews produced a dramatically widespread appeal to the courts to increase use of sanctions as a means of restraining discovery abuse.