Ethical Issues in Discovery
The purpose of this article is to encourage a thoughtful analysis and discussion of the ethical obligations that lawyers have when conducting discovery, particularly depositions. The scope of this discussion does not include possible remedies for inappropriate conduct by counsel in conducting discovery. It is not the intent of this article to address all ethical issues that may arise in the discovery process. The article is not intended to be an advisory opinion on what conduct is or is not ethical under the Missouri Rules Of Professional Conduct. Those issues are properly within the province of the Office Of Chief Disciplinary Counsel and the Missouri Supreme Court.
The focus of this discussion will be on two issues that seem to arise frequently.
The two issues are...
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