Complex litigation can be a challenge when there are multiple parties involved. The discovery phase of such proceedings can be impactful for those involved. Before the case is ever heard in court, it is important to gather as much information as possible. Preparing for both court hearings and the potential for settlement will be critical — as well as influential in the outcome of a case.
For this reason, precision and strategic foresight is what makes the difference. We will review what the discovery phase is and how critical it can be for complex litigation cases. Let’s discuss the details that can be helpful for attorneys looking to provide the best legal services possible for their clients.
What is the discovery phase?
The discovery process is a formal aspect of the civil litigation process. This is where the parties involved exchange information and provide evidence pertinentto the case itself. Complex litigation cases can also span multiple jurisdictions and may call for more documentation.
On top of that, the discovery phase ensures transparency. This means that trial by ambush is prevented. It provides an opportunity to clarify any facts that are being disputed. At the end of the day, a fair outcome is the ultimate goal of any civil litigation. However, complex litigation often has higher stakes.
That’s why it is important for all parties involved to put together legal arguments that canhelp strengthen their case, assess their opponent’s case, and position themselves for a possible advantage —regardless ofwhether the case goes to trial or the negotiation table for a settlement.
What key discovery tools are necessary for complex litigation?
There are several tools that legal professionals utilize for all civil litigation cases. These are critical pillars in making sure information is unearthed for the purpose of solidifying one’s case. These include but are not limited to the following:
Interrogatories
These written questions require written answers from the other party provided under oath. These set the stage for baseline facts like timelines, relationships and other actions. The purpose is to narrow everything down and create a record that will be useful during the deposition phase of the case. Note that complex litigation timelines may be a bit different compared to those in personal injury cases.
Depositions
A deposition will include questioning the parties involved either in-person or remotely. These include witnesses, experts and others involved. Once again, these depositions are done under oath. The purpose is to ensure attorneys on either side of the case can probe for any inconsistencies, confirm testimonies and measure overall credibility.
This stage can be critical because it can expand the discovery process and likely influence one’s litigation strategy. If the preparation is solid at this stage, one party could expose weakness inthe other or reinforce their own strengths.
Fulfilling requests for producing documents
In complex litigations, fulfilling document requests promptly will be critical. Documentation can include contracts, financial records, digital communication logs such as emails, texts and phone transcripts, and other pieces of evidence that are considered tangible.
Requests for admission
Another request where fulfillment is key is admission. Parties will need to admit or deny any specific facts or any documents that have been presented as part of the case. This also includes determining if such documents provided are authentic. The goal here is to streamline the trial aspect of the case while reducing the numberof disputes that typically occur.
Strategic approaches to consider
While the discovery process will lay the groundwork, the execution will matter as well. Strategic planning that is rock solid along with finesse will determine the level of execution. Here are some tactics that should be addressed:
- Anticipate and prioritize: Specific issues and documents help to prevent any unnecessary delays and costs. With an ironclad discovery plan using early case assessment, it will make things easier rather than “fishing” for more.
- Utilize technological solutions: In the digital era, tools such as AI-powered document review software, keyword algorithms and analysis of metadata can work together to scan and analyze information —no matter the size. Thiscan also help minimize error while identifying privileged communication.
- Understand the other side: Experienced legal professionals such as Samuel L. Bray of the University of Chicago Law School know that discovery goes beyond gathering information. It also means understanding the legal theory and strategy of their opponent. This will require keen observation, especially in situations where the opponents object, delay or provide critical information pertaining to the case.
- Information protection: Protecting sensitive data is a major priority. Especially if it involves trade secrets and similar information. Compliance protocols and protection orders must be addressed accordingly.
- Prepare for either scenario: It is important to have strategies in place for whetherthe case goes to trial or a settlement is being made. Settlements tend to occur if there is monumental evidence or irrefutable witness proof that could hurt one party or the other.
Final thoughts
Complex litigation can be quitesimple. Legal professionals on bothsides will need to make sure they attend to the minute details to ensure a fair outcome. The discovery phase is as critical as any other part of the litigation process.