Class IV Objectives Subject Matter: Review of Prior Assignment Meet & Confer Process In-Class Exercise By the end of this class you will be able to: Describe the meet & confer process Formulate strategies for meet & confers Conduct a meet & confer

Review of Prior Assignment Discussion Volunteers for one request of each type and associated responses to discuss Requests Strategy behind requests Other ideas? What was the process like? Questions? Responses Strategy for responses

Meet & Confer Process What is a meet and confer? Discussion with opposing counsel about discovery concerns Timing Usually after you receive responses/objections, if you have concerns. Could also occur after you receive production, if insufficient (or if you do not receive timely production). Make sure you check relevant rules for specific timing requirements! Who Initiates Usually party receiving responses or production, but could be objecting party. Format Usually initiated by an email or formal letter requesting meet and confer. May be very detailed as to deficiencies of responses or problems with requests so that it can be used as an exhibit in a future motion (also sometimes a meet and confer letter is required). The other side will usually produce a written response as well, and the parties will set up a mutual time to discuss (usually over the phone)

Meet & Confer Process Preparation: Outcome: If you are the party who requested the meet and confer, go over the requests and responses and write down the specific issues you have with certain responses (or requests) and how you might be willing to compromise. Sometimes it is helpful to create a table. It is also helpful to create a brief list of overall strategic goals (i.e., what do you most want out of the discussion; what can you absolutely not agree to). If you are the party who is on the receiving end of a meet and confer request, you will prepare in a similar way (from the defense perspective). Outcome: You may reach a compromise; if not, you can file a motion to compel (if you are seeking to receive better responses or a production) or a motion for a protective order (if you are attempting to avoid discovery). You need to make sure you have a good faith basis for both, because judges are often impatient with discovery disputes. The meet and confer is usually a requirement prior to filing either motion. Make sure to check applicable rules!

In-Class Exercise Meet with your “firm” to prepare for a meet and confer with your opposing “firm” about the discovery requests and responses you prepared last class. Consider your strategy and goals. Conduct an in-person meet and confer with opposing counsel. Report back to class as a whole; guided discussion about preparation, process, outcomes, ideas, etc.

Overview of Next Class Monday We will discuss motions in general, and will specifically focus on initial motions that can be filed at the time an answer would be due.