Assigning Lawyer's Email Instructions

Anna,

I am forwarding to you a short email exchange on the Hopper file. The parents are beside themselves with worry about Andrew and the possibility that he would have to answer questions in an oral discovery.

I need you to urgently review the Rules and the case law on exemptions for oral discovery. I recall seeing some cases involving children or plaintiffs with pre-existing medical problems that could be aggravated by questions in discovery. What arguments can we make? What options do we have?

If the answer is bad news – that we would not have a good argument to seek an exemption – we need to tell the Hoppers as soon as possible. If there are some options we can pursue, we need to evaluate them quickly before any motion is filed. From his last email, I suspect Bill Hopper would withdraw from the case rather than have Andrew subjected to oral discovery on any terms.

If you think of any strategy as you read the cases, let me know. I have a trial this week and won't be able to get to this matter right away. But I will need the memo as soon as possible – these parents won't be able to hold on much longer.

Jim