Question 1

The attorney-client privilege can be overcome, and information discovered, with a sufficient showing of need.

True

False

Question 2

The litigation work product doctrine only protects work done by lawyers in anticipation of litigation; work done by non-lawyers is not included.

True

False

Question 3

The litigation work product doctrine is absolute.

True

False

Question 4

If opposing parties make a document request that includes some privileged documents, the party receiving the request should not turn the privileged documents over, but instead should withhold them and give a brief description and explanation in a privilege log.

True

False

Question 5

Spoliation sanctions are only issued if evidence is intentionally destroyed in order to deprive the other side of relevant information.

True

False

Question 6

Spoliation can occur even before litigation has begun, if documents or other evidence are destroyed once litigation is reasonably foreseeable.

True

False

Question 7

If one party refuses to provide information in response to a discovery request, the other side can seek a motion to compel from the court to force compliance with the discovery request.

True

False

Question 8

Before seeking sanctions for any discovery violation, a party must attempt to meet and confer with the other side.

True

False

Question 9

The Supreme Court's Twombly and Iqbal decisions are in large part a response to perceived problems with the discovery phase of litigation

True

False

Question 10

In the average case in federal court, discovery costs constitute more than 25 percent of the stakes involved in the case.

True

False