Clients may assume that lawyers are unnecessary during an examination for discovery. Needless to say, lawyers play a vital role in preparing their clients for an examination. There are several benefits to retaining a lawyer in an examination for discovery:
Insider Knowledge
An experienced lawyer will be familiar with both sides of the discovery table, giving them an upper hand in questioning the witness. Probing questions allow the lawyer to unravel key facts in testimony related to the case.
Facts vs opinion
Discoveries are testimonies sworn under oath and a false statement (even by accident) can cause harm. In this instance, lawyers can help clients separate facts from opinion, allowing them to deliver answers that are accurate and effective.
Helping to hone a testimony
Although clients are given the freedom to prepare their responses for the trial, oftentimes lawyers can offer their clients some guidance on how to respond. There is a vast difference between testifying, “I think it was around 2:30” and “I was home at 2:30”. Remember that a response that lacks uncertainty could possibly hurt your case.
Playing devil’s advocate
Check social media accounts or other potential evidence regarded as public information. Anything contrary to a client’s testimony can quite possibly be viewed as a detriment to the case.
Finding and eliminating pitfalls early on to prevent challenges is an advantage that comes from a lawyer’s involvement in an examination for discovery.
To book a court reporter for a meeting or a mediation, or even to discuss a court reporting position with On The Record, call one of our locations today, conveniently located in Whitby and Barrie. We look forward to discussing your court reporting or mediation needs.