Articles Tagged with evidence; discovery

holding a burning match next to photograph
By Michael Pezzulli and Charles J. Fortunado

Advanced Evidence and Discovery: Presented to the State Bar of Texas

An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use – or attempt to use – discovery and claims of privilege as both a sword and a shield.

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