As a new litigation attorney, one of your first assignments will undoubtedly be related to the “discovery” phase of a case. Whether you are asked to prepare or respond to discovery requests, draft a motion to compel, review documents or craft a deposition outline, you will be shaping the case in a powerful way. In law school, fact patterns were provided to you by your professor; but in the real world, discovery is your chance to uncover the facts. What you find will impact trial strategy, dispositive motion practice and can drive settlement. This article takes you through the discovery process. Like all (fine, most) successful endeavors, this starts with a plan.
Think of the discovery process like a puzzle. First, you need to get the “big picture” so you know what you’re looking for. Then you can find and fit in the pieces that make up the picture. Start by reading the jury instructions for each cause of action at issue and the key decisions in the practice area. The jury instructions and case law will give you a better understanding of the factual and legal elements you will ultimately need to prove or disprove using the evidence revealed in discovery. With these elements in mind, you can put together a discovery plan that targets specific information for your case.
