Publication Date

10-1996

Journal

Columbia Law Review

Abstract

The article critiques the prevalent approaches to addressing discovery abuse in legal proceedings, arguing that traditional methods focusing on moralizing about civility are ineffective. Instead, it proposes a more direct approach, inspired by parental discipline, where judges should firmly tell lawyers to cease abusive behavior. The author draws on Aristotle's concept of "akrasia" (moral weakness) to explain why lawyers often engage in counterproductive tactics, suggesting that emotional impulses and the pressure to win drive such actions. The article advocates for innovative solutions to deter discovery abuse, emphasizing the need to make such behavior less enjoyable through targeted sanctions and increased judicial oversight.

Volume

96

Issue

6

First Page

1618

Last Page

1644

Publisher

Columbia Law School

Disciplines

Civil Procedure | Communications Law | Law

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