How a Lawyer can Prepare for an Examination for Discovery

An examination for discovery is the process where lawyers can review the strength and weaknesses of their case and a well-prepared lawyer will benefit from this exercise. Examinations also help lawyers to understand which areas need focus, and how to refine their presentation.

Use of language

Typically, court officials are familiar with legal terminology but in many cases, the witness and jury may not be. With that being said, lawyers must remember to communicate in a simple, yet effective manner.

Framework of questions

Take time to prepare the questions in a manner where one precedes the other. Following a simple pattern of questioning can help with the ongoing discovery. The key component is to develop a strategy that will determine what to ask next.

Be respectful to the witness

An antagonistic environment would not lead to productive and fulsome responses. Respectful, patient questioning would often lead to more fulsome and cohesive answers. Empathy will get better responses than accusations.

Provoking with facts

To be factually correct when presenting a case is very important. There is a difference between investigating facts associated with the testimony as opposed to coercing a witness into giving an answer. Cease questioning whenever all of the information required for the case has been attained.

Using bullet points

It is advisable to be concise and clear with your questions when questioning a witness. Accurate questioning is more likely to induce succinct and informative responses.

By applying these simple techniques, lawyers can make the most of an examination. If the examination does not go as planned, it is an opportunity to make note of all the challenges and work on them before the actual trial.

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.