Q: Ensuring proper data. Contract

A: To answer this question, we need to consider a few aspects of legal discovery in contract disputes, particularly in the healthcare context:

1. Interrogatories: These are written questions that one party sends to another during the discovery phase of a lawsuit. They can be used to gather information about various aspects of the case, including the existence and nature of contractual agreements.

2. Demands for production: These are requests for specific documents relevant to the case, such as the full, unredacted contractual agreement you mentioned.

3. Restrictive covenants: In healthcare, these often include non-compete clauses, non-solicitation agreements, and confidentiality provisions.

Given this context, here's my response:

Yes, it is often customary and advisable to use both interrogatories and demands for production when seeking information about restrictive covenants in hospital/doctor contracts. Here's why:

1. Complementary approaches: Interrogatories and document requests serve different purposes and can provide complementary information. While the demand for production will give you the actual contract language, interrogatories can help you understand how the other party interprets or has applied those provisions.

2. Uncovering additional information: Interrogatories about restrictive covenants might reveal information not explicitly stated in the contract, such as how the covenants have been enforced in practice or whether there have been any verbal agreements or modifications.

3. Clarifying ambiguities: If the contract language is ambiguous, interrogatories can help clarify the parties' intentions and understanding of the restrictive covenants.

4. Identifying related documents: Interrogatories might lead to the discovery of other relevant documents beyond the main contract, such as addenda, amendments, or related agreements that contain or affect the restrictive covenants.

5. Thoroughness in discovery: Using both methods demonstrates a thorough approach to discovery, which can be important if there are later disputes about the sufficiency of discovery.

6. Specific to healthcare: In the healthcare context, where restrictive covenants can have significant impacts on patient care and physician employment, courts may scrutinize these provisions closely. Having a full understanding of both the written terms and their practical application is crucial.

However, it's important to note that the specific approach will depend on the circumstances of each case, the jurisdiction's rules on discovery, and the strategic decisions of the attorneys involved. Some factors to consider:

- The scope and limits of discovery in your jurisdiction

- The specific issues in dispute in your case

- The relationship between the parties and the likelihood of voluntary disclosure

- The potential for objections to overly broad or burdensome discovery requests

If you're involved in such a case, it would be best to consult with a California attorney experienced in healthcare contract law to determine the most appropriate discovery strategy for your specific situation.