What is a lawyer’s role at an examination for discovery?

There will be at least two lawyers at an examination for discovery, one for each party to the law suit.

The opposing lawyer will ask questions of the litigant. The person who is being questioned will have his or her lawyer present.

The questioning lawyer will want to find out as much as possible about the legal and factual position of the other side. He or she will want to find out what kind of witness the other party will be. This lawyer will also ask for production of documents. She will probe for the weaknesses in the other side’s case. She will try to get the other side to make admissions and to find out what evidence the opposing party is relying on in support of their position.

The lawyer of the person being examined for the discovery is there to make sure the questions being asked are proper. The lawyer will tell their client not to answer any questions that are not permitted. This lawyer will determine what documents will be produced without a judge’s order. Lastly the lawyer is there to help her client.

Following the examination for discovery both lawyers will often meet after their clients have left, to determine a timetable for the next steps in the case. They will also discuss if they wish to arrange a settlement meeting or mediation. Sometimes they will discuss the possibility of settlement.