Such guidelines should cover prior abuse by the client, prior abuse by the attorney or law firms involved, length of abuse and whether or not steps have been taken to cure the problem prior to the hearing date. The first class of information, subsequent abuse by the client, is what the many judicial opinions seem to indicate needs to be stopped by means of the law. Some clients have problems complying with the law. Intentional abuse of the process by individuals deserves no consideration and abusers of the courts should be followed just as closely as those guilty of any other type of abuse. Sanctions are intended to deter future abuse as well as current abuse.
Some firms are more likely to abuse the process than others.
Third, length or amount of abuse is important to equity. Some discovery abuse is short, simple and over long before any hearing. Some abuse occurs as a part of a long standing pattern. When a court is granting a seventh or eight motion for sanctions in a case, the penalties should be steeper than for an isolated set of interrogatories answers that arrived a week late. The degree of cure is important as it reflects intent.