Photo: Shutterstock Why Cooperative Adversarialism Should Be the New Zealous Advocacy
Legal professionals should rethink the old standard of zealous advocacy and instead use a standard of "cooperative adversarialism," which can effectively serve all parties involved and does not entail an obstructionist stance when it comes to the e-discovery process.
May 07, 2021 at 11:00 AM
7 minute read
In 1989, Judge Wayne E. Alley penned his opinion in Krueger v. Pelican Prod., C/A No. 87-2385-A, slip op. (W.D. Okla. Feb. 24, 1989). This case was likely the first-ever e-discovery case law opinion. In this opinion, he wrote: "If there is a hell to which disputatious, uncivil, vituperative lawyers go, let it be one in which the damned are eternally locked in discovery disputes with other lawyers of equally repugnant attributes."
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