What is Written Discovery?
There are several forms of written discovery that can be used aggressively to learn the facts upon which the case rests, as well as some of the law upon which your adversary will rely. Once this information is acquired, it is critical that your lawyer know how to use this information to maximize the chances of success.
Written discovery normally starts with a Request for Disclosure, through which one can learn the names of witnesses and persons with knowledge of facts pertinent to the case, a brief description of the opponent’s case, calculations of damages and copies of insurance agreements that the disclosing party may use to support its claims and defenses. It also includes any information regarding experts who may be called on to testify at trial.
Written discovery is then used to collect information that may be used in building your case, or which may be used by your opponent. The information must be leveraged to build strong and successful business litigation cases. At my Austin, Texas, law firm, this is my goal. When clients work with me, attorney John McDuff, they work with an experienced lawyer who uses in-depth procedural knowledge and skill to achieve the best possible results. I have the knowledge and experience to handle all aspects of written discovery:
- Requests for disclosure
- Requests for admissions
- Requests for admissions
- Requests for production
Finding Critical Information
During written discovery, documents may be requested from a party to the lawsuit. They may also be requested from a nonparty via subpoena. Especially in complex business litigation, the documents produced may be extensive. It is not uncommon for them to occupy all of the extra space in your lawyer’s office and even spill over into your lawyer’s warehouse space.
Because the work can be tedious, many attorneys outsource the work to inexperienced assistants or very young attorneys who comb through records looking for relevant information. The risks are high. Inexperienced staff often miss key information buried in piles of documents — information that can make or break a case.
I do not take chances. I don’t think that anyone but an experienced lawyer should review these documents. I have the resources to handle high volumes of written discovery and I conduct most of it myself or with your help. This approach helps me find key information. It helps me find the key e-mail or memo that means a winning jury verdict.
Contact John McDuff
For questions regarding discovery in business litigation, call 512.457.1177 or contact me online to speak with me, attorney John McDuff, about your legal concerns. The quality of my work as a lawyer is well recognized by my clients & I have received the AV rating* under Martindale-Hubbell’s peer review rating system.My clients are predominantly from Austin and Central Texas, and occasionally from other states.
*AV, BV and CV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.