The culture of creating and litigating peripheral disputes instead of going to trial has caused documentary discovery to go awry. Many lawyers no longer focus on which documents are truly needed to establish the elements of their claim or defence. This unfocused discovery “designed to uncover facts that relate only tangentially, if at all, to… the theory of the case” wastes time, money, and energy (Larry Pozner and Roger Dodd state in Cross-Examination: Science and Techniques).