Henson Fuerst is pleased to share that Henson Fuerst Partner Carma Henson has been published in the American Association for Justice’s Trial Magazine, an award-winning publication for attorneys, law professors, judges, and other members of the legal community. Trial magazine covers practice tips across the spectrum of civil law practice areas, including the latest legal developments and trends and recent verdicts and settlements.
In the article, Discovery Obstruction During COVID-19, Henson explains how defense lawyers are using the pandemic as an excuse to delay and evade, claiming they cannot obtain information needed to respond to the discovery fully.
Discovery can often be the key to a case, and obstruction can challenge the ability to advocate for a client. The process allows the parties to know before the trial begins what evidence may be presented and is designed to prevent “trial by ambush.”
Henson describes how to spot and respond to potential discovery obstruction. “You must meet the obstruction head-on,” she states. Some obstructive tactics may include unleashing a barrage of discovery requests or a trickle of incomplete responses to batter the opposing side into a settlement or surrender.
The burden falls on the attorneys working the case to learn the rules and know how to interpret them. This is key to recognizing abuse and obstruction and allows you to set fair and firm expectations on how discovery should proceed within the rules’ confines and ensure that opposing counsel complies.
In 2020, Henson was elected as Parliamentarian of the AAJ’s Nursing Home Litigation Group. The AAJ’s member organized and led groups allow trial lawyers to quickly share ideas, experiences, and resources in a secure environment. The Nursing Home Litigation Group has successfully assisted trial lawyers across the US in nursing home litigation. Many of these cases have resulted in significant verdicts and settlements.
For over 75 years, the American Association of Justice has successfully defended Americans’ right to trial by jury and fights every day to protect our practices, our clients’ rights, and our civil justice system.
Henson Fuerst is thrilled to have Carma Henson, who has spent her career fighting for the rights of others (including our elderly), recognized by such a long-respected publication and encourages everyone to read the article to learn more.