Trial lawyers have limited opportunities to learn about their opponents’ cases prior to the first day of trial. It is crucial that attorneys use these opportunities wisely and not waste them getting embroiled with meaningless, form-over-substance battles with opposing counsel, and talking, not listening. If you let the sole chance to talk to adverse parties or witnesses slip by, you will be unprepared for trial and waste a lot of your client’s money.
After trying jury cases for more than 40 years, in my opinion, depositions are the most important discovery vehicle we have available. Other discovery options only give the opposing lawyer a chance to shield the client from you and craft their own answers to your questions. Lawyers (not clients) prepare answers to interrogatories and requests for admissions; those rarely provide a window into the other side’s case. Depositions (using the appropriate documents) are the key to learning about the strengths and the weaknesses of the case you will face in court. And after all, isn’t that what “discovery” is supposed to be about?
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