We Need to Protect Clients’ Privacy from Aggressive and Incorrect Scope of Discovery

Why “reasonably calculated” language must be changed.

The scope of discovery is improperly stretched by insurance companies and defense attorneys to gain overly broad access to plaintiffs’ medical records, according to an article recently published as part of the “Practice Tip Series” on the Virginia State Bar website.  “Reasonably Calculated: Confusion Over the Scope of Discovery” was authored by Sickles, Frei & Mims attorney Matt Perushek.

Perushek argues that “reasonably calculated” language should be removed from Virginia Rules as it has been removed from Federal Rules.  In 2015, Federal Rule 26 was amended to remove “reasonably calculated” because the phrase was used by some, incorrectly, to define the scope of discovery.

Perushek is currently the Fifth District Representative for VSB’s Young Lawyers Conference and serves as president of the Fairfax Bar Association’s Young Lawyers Section. He was recently named to the “Top 40 Under 40” roster by the National Trial Lawyers Association.  He has practiced law since 2013.