Chapman Sidebar

All litigators have written the phrase: “Subject to and without waiving the foregoing objections, see documents attached hereto.” Despite its frequent use, this phrase may soon join the assemblage of overused and outdated legalese.

A growing number of courts have recently attacked the routine discovery practice of providing conditional responses to document requests. Such conditional responses, or responses that assert objections but state that documents will be produced subject to the objections, may be improper and may even result in an inadvertent waiver of stated objections, or worse. Attorneys and their clients should rethink any boilerplate strategy for responding to written discovery to prevent unintentional waivers and sanctions.

We have always been focused on finance.

  • 1913
    TS Chapman partners with Henry Cutler to form Chapman and Cutler
  • 1st
    Chapman's first client in 1913 is still a client of the firm today
  • 22
    Diverse financial practices serving regional, national, and global clients
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    Offices across the country and in key US financial centers

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