When lawyers behave badly in discovery
Declarations and Exclusions gives a real life example of how lawyers' manufacture of discovery disputes can make discovery needlessly more expensive for their own clients as well as the other parties.
The lawyer in question was guilty of selective literalism syndrome which the author suggested can be cured through "sanctions therapy":
"Selective Literalism Syndrome" [SLS] is a condition affecting many practicing attorneys. The principal clinical sign is an aggravated tendency on the part of the attorney to shut down those language centers of his or her brain that would otherwise draw meaning from the context in which a statement is made, and to stimulate instead the neural pathways that focus on the interpretation of a text that will be least likely to conform to its author's intent. There is as yet no proven treatment for this condition. Recent experimental studies suggest, however, that a liberal administration of Sanctions Therapy may eventually produce results in some who suffer under the burden of SLS.
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