DISCOVERY and Your Lawyer: Necessary Steps In Successful Litigation

Hello All in the Blogosphere!  Coming right to you from the wonder and beauty that is Chicago in the Summer, I would like to bring you some news you can use on the subject of tracking your attorney and staying on top of your case, as a client.  Direct from the trenches of a pretty "ugly" case I am involved in, it highlighted the need for me to share with you the ins and outs of stay on on top of your hired guns.

Well.. let me first start out by saying that it is important that those hiring attorneys have a general sense of what should be happening, so that at least by virtue of some key buzzwords and phrases, both lawyer and client can have a somewhat meaningful discussion.  Yes, you will probably be billed for it - just get over it.  Time = money.  So, with some help from a "friend" you can minimize the time spent on talking and pay more for doing that which ought to be done.  I am helping you to ... help yourself.

In the first place, once a case is filed, at least in the civil realm, the parties engage in a process known as DISCOVERY.  That is the time when each side learns of each other's witness, facts they intend to rely on, documents to be shown in court, and to ascertain the other sides' true theory of the case.  One of the most important things to be done though is not just the process itself - which can take months if not years, depending on the case - but to do it EARLY and COMPLETELY in the first instance.  What do I mean?

Let me explain.  I just took over a case that was filed in 2011 on behalf of Defendants.  Their lawyer, for whatever reason (not throwing stones) did not get any discovery done.  By the time I took over, opposing counsel suggested and got to the court to agree, that I had very little opportunity to do discovery.  Also, when they wanted to take a deposition of  my client, the other side refused to agree to submit their person because they said that prior counsel failed to do anything and it was too late.  Now, while I and any other lawyer in my shoes would in many cases be able to save the day - the important lesson is that we'd never have to have that discussion if discovery was done early.

So that is the RULE TO KNOW?  DISCOVER EARLY and COMPLETELY.  In the legal form, a client should understand that there is written discovery (like things called "interrogatories" and "requests for production") which really should be submitted in the early months of the case.  After that is done, then "oral fact discovery" is done, which is often known as "depositions."  These terms are important to talk to your attorney about.  Again, knowing what to expect, and understanding what your lawyer would need to get your case ready for trial, is very important - and truthfully saves you money over the long run.  A winning case can only win if it's well prepared.

Next tip?  As much as it hurts, try to give your lawyer ALL of the documents that pertain to your case early and completely.  What?   Yes.  Give your attorney COPIES of everything that is important to the case, and deliver that early.  It may sit on a desk or in a file for a while, but it's best to get that out of the way so your counsel doesn't have to fight you for it later.  Working with a disinterested or lazy client is hard, and worse, expensive.  Just do it.

Finally, provide information on EVERYONE who knows anything about the case who could be meaningful and help.  You and your lawyer will decide who does what, if anything.  Getting all of the important information is key to trial success.  What else can you do as a client to help your attorney?  Well, for starters, be sure you provide a full and complete chronology of events, provide all relevant information and identification of people that are informed about the situation, and be sure to provide all of the documents.  Once you are up to speed on those, schedule a time to chat with your counsel to be sure you have a discovery plan, and that plan is in place EARLY.  You, no matter what, must avoid having your cases' hands tied by a court - and the failure to act early and efficiently is one sure fire way to make that happen.

What is our bottom line folks?  PREPARE WELL, EARLY AND COMPLETELY!

Good luck to you all and certainly keep your eyes out for News You Can Use, from Levin Law, Ltd.