Oot Offers Tips for Rules-Based Advocacy in Legal Tech News

Shook, Hardy & Bacon Partner Patrick Oot has authored a Legal Tech News article that offers tips for those advocating "broader standards of proportional standards in litigation." Titled "Skip the Lip Services: Tips for Solid Rules-Based Advocacy," the article explains that, in light of changes to the Federal Rules of Civil Procedure, "[c]ounsel must work to educate the entire court system... to avoid meaningless pre-2015 citations to old rules and outdated case law."

"From preservation to production, proportionality is the name of the game," writes Oot, who notes, among other things, that: (i) "The scope of discovery is neither liberal nor broad, but 26(b)(1) requires that discovery be proportional"; (ii) "Discovery on discovery is rarely appropriate"; and (iii) "26(g) mandates that counsel must adhere to the litigation pilings of reasonableness and proportionality—and certify that they are doing so."