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.
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