Question #1

Your company has been sued. The lawyers are on the case and discovery is beginning.

Review the section on the Discovery Process.

(1) Why will the two sides do discovery?

(2) The five most important forms of discovery are interrogatories, depositions, production of documents and materials, physical and mental examinations, and e-discovery.

• Interrogatories: what are they? why would an attorney want to use these over a deposition?
• Depositions: what is the difference between depositions and interrogatories? why would an attorney want to do a deposition? why would the same attorney not want to do one?
• Production of documents: what are they? why would an attorney want to issue a request for production? why would an attorney not want to receive a request?
• Examinations: when would these examinations be relevant to a case?
• E-discovery: what is it? why would an attorney want to issue an e-discovery request? why would an attorney not want to receive a request?

Finally, evaluate the time and cost involved with each type. How much time and money is involved with each type from the perspective of attorney time, other professionals, and the time it takes to produce and review documents and digitalized information?

Question #2

Your company is being sued. Your boss calls you into his office. He dose not want to go through the expense and hassle of going through the courts so he wants you to research alternative dispute resolution (ADR).

Review the section on ADR in Chapter 5.

(1) What are the two main types of ADR discussed in the text?

(2) What is the process for each?

(3) What are two advantages and disadvantages of each type?

Question #3

Your company is considering establishing a program that actively encourages ethical behavior.

Review the Ethical Traps section in Chapter 2 and the Supplemental Reading on Ethics Actions.

(1) According to the supplemental reading, what ten questions make up the checklist that your company should give its employees to help them determine whether their decision making is ethical (note: be complete in identifying the checklist)? What do you think is the most important question on the list? Why?

(2) What is a stakeholder? According to the supplemental reading, who are five potential stakeholders that a company may have a responsibility to?

(3) What three ethical traps discussed in the text do you feel that you are most prone to fall into? Why would you be prone to fall into these traps?

short answer or main point