The cooperation of law schools, the bar, and the judiciary will create a legal culture that will consider purposeful discovery, rather than omnibus discovery, the true goal of the litigator. The litigators of tomorrow will analyze the facts of a case, develop a working theory and a theme, and use discovery to establish the facts that will prove or disprove their theory. Because 90 to 95 percent of civil cases settle, litigators will develop techniques to enhance the likelihood of a favorable settlement. They will be precluded from attempting to wear down the other side through excessive discovery by rules limiting the number of interrogatories and depositions, and by judges who set specific time limitations for completing various types of discovery. Curbing discovery abuse alone does not guaranty professionalism, however.
Unprofessional misconduct occurs at other times and in other forums.
Over the years, various organizations have attempted to promote professional behavior at trial, for example, by adopting codes of trial conduct. The American College of Trial Lawyers has a code of minimal standards of professionalism, setting forth the duties owed by trial lawyers to their clients, opposing counsel, the courts, and the administration of justice. One component of professionalism is civility. Many jurisdictions have adopted codes of civility. Civility codes suffer from the same difficulty as discovery rules, however.