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Edward S. Cheng quoted in Massachusetts Lawyers Weekly on discovery reform

April 6, 2009

Edward S. Cheng, partner in the firm's Litigation Department and co-chair of the Professional Liability Group, was quoted in Massachusetts Lawyers Weekly's "Need for discovery reform debated in wake of report" on April 6. The American College of Trial Lawyers and the Institute for the Advancement of the American Legal System released a 30 page report - the result of an 18 month study by a panel of judges and lawyers - which attributes the expense and delay of judicial procedure to civil discovery practices, according to the article. To read the article click here.

From the article:

"Lawyers point out that some of the procedures recommended in the report are already in place in Massachusetts... [I]n January, the Superior Court issued a new rule, Standing Order 1-09, that refines discovery rules further, making certain procedures more uniform and limiting the ability of parties to make certain general objections.

'With respect to document requests, it limits general objections,' Edward S. Cheng, a lawyer at Sherin and Lodgen in Boston, said of the standing order. 'After you produce the documents, you have to make specific objections. You don't always know what's not being produced if there is a broad, general objection - and then you have to litigate over that.'"