"Five Steps to Maximize the Value of Discovery"Inside Counsel
By Chad Hummel
Cases are not “won” in the discovery phase, but they can be lost there. Litigation is often unsuccessful due to poor discovery planning, document mismanagement, and the failure to focus on strategic discovery objectives needed to support successful motion practice or to prevail at trial. However, formal discovery devices, when used strategically, properly regulate the flow and content of evidence and can shape the progress and outcome of a case. Almost invariably, it is the imprudent response to a deposition question or the failure to produce or discover key documents that can sidetrack a case and lead to poor results and increased costs.
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