Attorney's will agree that an injustice occurs whenever one party prevails in a court of law and another's rights are defeated but for knowledge of the relevant facts. Further, most will agree that some such injustice is inevitable in any judicial system, all such systems being subject to some degree of error. No one can deny the professional responsibility of all attorneys to work actively toward the reduction of such error. As numerous commentators have pointed out, injustice may also result from delay. It is equally the responsibility of the Bar to work toward the alleviation of that source of injustice. This discussion is to suggest two possible reforms in Ohio discovery procedure which, it is believed, would contribute to an alleviation of both sources of possible injustice. One suggestion refers primarily to the issue of liability; the other primarily to the issue of damages.
Frank Seth Hurd, Two Suggested Reforms in Ohio's Discovery Procedure, 10 Clev.-Marshall L. Rev. 432 (1961)