A lawyer is representing a client in a personal injury case. During discovery, the opposing counsel serves an interrogatory asking for a detailed list of all the client's medical treatments for the past 20 years, including conditions unrelated to the current injury. The lawyer believes this request is overly broad and harassing, designed to burden the client and intimidate them. What is the lawyer's most appropriate initial response?
- AInstruct the client to refuse to answer any part of the interrogatory.
- BComply fully with the request to avoid any appearance of obstruction, even if burdensome.
- CObject to the interrogatory on grounds of undue burden and irrelevance, seeking a protective order or modification.
- DFile a motion to compel answers, arguing that the request is relevant.
Show answer & explanationAnswer & explanation
Correct answer: C. Object to the interrogatory on grounds of undue burden and irrelevance, seeking a protective order or modification.
Lawyers have a duty to not abuse discovery and to prevent their clients from doing so. If a discovery request is objectionable (e.g., overly broad, irrelevant, harassing), the proper response is to object and seek court intervention, not to outright refuse or fully comply if improper.
Why the other options are wrong
- A. Outright refusal without objection can lead to sanctions or waiver of objections.
- B. Complying with an overly burdensome and harassing request when valid objections exist would fail in the lawyer's duty to protect the client from abuse of process.
- D. Filing a motion to compel answers would be inappropriate if the lawyer believes the request is improper; this is a tactic for when a party refuses to answer proper requests.
Fairness to Opposing Party & Counsel
A lawyer must not unlawfully obstruct another party's access to evidence or alter, destroy, or conceal a document or other material having potential evidentiary value. Lawyers also must not make frivolous discovery requests or fail to make reasonably diligent efforts to comply with proper discovery requests.
- Prohibits abusive discovery tactics.
- Requires good faith in discovery.
- Protects against harassment and undue burden.
Memory trick: In 'DISCOVERY', be 'FAIR' to all, lest the 'OPPONENT' cry foul.