Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyEasy
A lawyer is representing a plaintiff in a complex commercial dispute. The lawyer receives a discovery request from the opposing counsel that is unduly burdensome, seeking vast amounts of irrelevant information. The lawyer believes the request is primarily intended to harass the client and increase litigation costs. What is the lawyer's most appropriate initial response?
- AIgnore the request entirely, as it is clearly improper.
- BComply with the request partially to avoid appearing uncooperative.
- CFile a motion to compel, arguing the request is harassing and unduly burdensome.
- DObject to the request, stating the grounds for objection, and attempt to negotiate a narrower scope with opposing counsel.
Show answer & explanationAnswer & explanation
Correct answer: D. Object to the request, stating the grounds for objection, and attempt to negotiate a narrower scope with opposing counsel.
When faced with an unduly burdensome or harassing discovery request, the most appropriate initial step is to object to the request, stating the specific grounds (e.g., relevance, burden), and then attempt to resolve the dispute informally with opposing counsel. This aligns with the duty to expedite litigation and fairness to opposing party and counsel.
Why the other options are wrong
- A. Ignoring discovery requests can lead to sanctions and is a breach of professional conduct.
- B. Partial compliance without objection legitimizes an improper request and still imposes an undue burden.
- C. Filing a motion to compel is what the *requesting* party does when discovery is *not* provided; the responding party would file a motion for a protective order, but negotiation is usually the first step.
Fairness in Discovery
Lawyers must not engage in discovery practices that are unduly burdensome, harassing, or intended to delay or increase litigation costs.
- Duty to respond to discovery in good faith.
- Must object to improper requests.
- Encouraged to resolve discovery disputes informally.
Memory trick: Object, Negotiate, then if needed, Litigate.