Article by Robert Elmer analyzes potential benefits, drawbacks of pre-trial discovery pilot project

March 15, 2010

Massachusetts Lawyers Weekly

BOSTON (March 15, 2010) – In an article published in the March 15 issue of Massachusetts Lawyers Weekly, Robert M. Elmer analyzes the potential benefits and drawbacks of a pre-trial discovery pilot project in the Massachusetts Superior Court.

Earlier this year, the court's Business Litigation Session adopted the experimental program to help rein in discovery costs, which at times can spiral out of control. Participation in the pilot project is voluntary, which means court supervision of pre-trial discovery will not occur unless all parties in a lawsuit agree to it.

In the article, Elmer describes why companies involved in business litigation should consider participating in the pilot project, including reduced costs, greater predictability of the issues involved in a lawsuit, less business interruption, and proportionality of discovery to the litigation stakes.

However, participation in the program could mean a party loses some control over the scope and direction of discovery, Elmer notes.

Elmer, a partner at the firm, is an experienced commercial litigator and has litigated numerous cases in the Massachusetts Business Litigation Session.

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Taylor Duane is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm in 2008 and 2009 as one of Rhode Island’s Best Places to Work.