On August 3, 2012, United States District Judge Marcia D. Cooke was courageous enough to sanction Greenberg Traurig and its client TD Bank, N.A. for what she called a “pattern of discovery abuses.” A review of Judge Cooke’s opinion illustrates a case study on certain defense lawyers’ (some of which certainly work at the law firm of Greenberg Traurig) conduct during discovery that clearly appears to be designed to prevent the truth from being heard and justice being done.
Unfortunately, the types of discovery abuses engaged in by Greenberg Traurig and its client happen all too often, and on an intentional basis. Perhaps worse than that, when unethical lawyers engage in misconduct, they are spared the exacting punishment that they deserve. In the Greenberg Traurig case, for example, the punishment does not come close to sending the right message to other lawyers who are willing to commit serious discovery abuses on behalf of their client; that’s because the lawyers clearly profit far more from the misconduct (which has a low probability of punishment in the first instance) than they lose when they are caught in the act.
Judge Cooke’s opinion may be found here — Sunlight – GT_Sanctions_Order – Aug 2012