It’s been a while since I’ve posted, but I’m trying to get back into it. Here’s a potential pothole for attorneys who handle cases worth between $10,000 and $50,000, but don’t do a lot of litigation: Rule 222.
Rule 222 provides for limited and simplified discovery in these cases. The big sticker here is that the plaintiff’s attorney has to disclose certain information to the defendant within 120 days, even if no discovery has been exchanged.
If they don’t do it? That evidence doesn’t come in… or worse. You don’t want that.
I’ve arbitrated some cases recently where lawyers have forgotten to supplement their 222 disclosures before arbitration. Bad idea. The evidence won’t come in.
Seasoned litigators and trial lawyers are familiar with this… but for attorneys who typically handle other types of cases, this is where malpractice can happen. (I’m seeing one of those (Nike??) ads in my head right now… Rule 222 – where malpractice happens).
Howard Zimmerle is a medical malpractice lawyer in Rock Island, Illinois.