Background

The coolest part of discovery is getting to know the case.

  • The person who will do the most this summer will be the person who actually knows the cases.

What is the role of the Court in discovery?

  • You don't go to court while in the discovery phase until/unless the opposing side doesn't want to give you information and you want to compel it.
    • The vast majority of discovery occurs without court intervention. This is largely because the judiciary is not equipped to handle/manage discovery; also because the US embraces adversarial norms to get to the truth.
  • Discovery is all about the attorney-client relationship.
    • Without this professional-yet-caring relationship, you have to get the information that you need from your client to protect them.

The Approach to Discovery: Questions to Ask Yourself

  • What information do I want?
    • Make a forecast of what you need to know for possible trial.
  • Who controls that information?
  • What tools can I use to acquire that information?
    • Formal or informal?
  • What obligations do I have?

Contents