Proceeding to discovery is an essential step in most lawsuits.

Consequently, it is important to consider pre-trial discovery as a precious tool which must be used wisely and efficiently.

The trial lawyer must be able to carefully craft his discovery questionnaire within certain parameters and thereafter must decide whether or not to file the transcript of discovery, in whole or in part, into the court record.

• Discovery before and after plea - differences and characteristics
• Attitude and approach - sizing up the witness
• Preparation: the essential step for success. The focus here is to establish in advance what information is required, the best way to obtain it, and where necessary, to lay a foundation to obtain a commencement of proof
• Undertakings - following-up on undertakings and options where there is failure to provide what has been promised
• Conducting the discovery itself : available options, objections, evaluating the evidence - Does the Plaintiff have a case? Is the defense valid in law? How to evaluate quantum?
• The Transcript - to file or not to file - that is the question.
• How to use the information obtained - commencement of proof, establishing "prior declarations"

• Courses are available in English and French

Advocacy skills workshops - "Objection!" - Get re-acquainted with this powerful tool >>