1. What is discovery? It’s a process in which attorneys are basically showing each other their cards. It’s a snapshot of their case in very edited responses and piles of documentation that show their “theme” of the case. It helps the other attorney prepare for what will be said and what facts will be brought into court, so that they can do their best without being sideswiped by the opposing party. Unlike television, it’s so that the other attorneys don’t have that big special witness come bounding into the courtroom in order to win in a landslide victory. Pretty much, in short, we take everything you gave to us to prove the case and dump it on them for them to figure out.
2. Why is it so expensive?! Discovery normally requires questions upon questions for the other side to answer and for our clients to respond to. Lawyers are paid by the hour and each hour it takes reviewing pleadings to ask the right questions and then reviewing those documents to see either what was left out or how the other side is going to take this case, makes this process a timely task. Further, reviewing 100’s of pages of documents showing all of the other side’s secrets and indiscretions in order to get our client the best possible outcome is also quite lengthy when it comes to time. Also, take note, just because you did most of the work providing us with your answers to each question, we still have to edit them to make sure that you answered it honestly, completely, but that you didn’t say anything that could hurt your case.
For Example: During your marriage, have you had sexual intercourse with anyone other than your husband?
Answer: Yes, I slept with his brother, his best friend, and also his sister. He’s not good at what he does, so I went out and found what I could. He should be happy I waited 6 months before doing it. He should also be aware that he now has the clap. [RED FLAG: NEEDS TO BE EDITED]
3. What can I do to make this cheaper? When we give you the requested documents and tell you to provide us with it and to answer the questions asked, do it. If we have to come back to you multiple times to get more and more information that you neglected to provide and we have to ask the other side to wait on filing a Motion to Compel, we’re probably going to have to bill you for the additional requests. Further, if you don’t give us everything we need, we’re going to have to review it and tell you where you’re deficient, once again spending more time on something that is already a lengthy task. Make sure you provide us with too much and we’ll edit it down as opposed to providing us with nothing.