An examination for discovery is an important part of almost every civil lawsuit. It is not a trial but rather a pre-trial process in which lawyers for each of the parties question other parties or their employees, under oath, about the matters involved in the lawsuit. Examinations can be anywhere from a few hours to a few days of recurring sessions long.
Lawyers can help reduce the stress during examinations by preparing the clients involved and communicating with the court reporter about some of the important case details.
Here are 4 steps lawyers can take to help make the pre-trial proceedings easier for everyone involved:
Prepare Witnesses
Preparing clients beforehand by advising them to be mindful of their reactions during an uncomfortable line of questioning by the opposing counsel can help mitigate emotional tension. The client should also be well informed about the case and the strategies that a lawyer intends to use during trial.
Organize Questions and Understand Details
While lawyers may be tempted to ask any questions that spring to mind, they should prioritize inquiries and limit questions to only those that will assist in establishing the facts of the case.
Additionally presenting a high degree of evidence to support the case and taking time to utilize available resources to prepare a convincing line of questioning that debunks the position of the opposing counsel can make a difference.
Plan The Dates
When examinations span over a few weeks, lawyers should make it a point to negotiate a schedule that works around everyone’s availability keeping in mind that the duration between examinations should be kept to the minimum. This speeds up the procedure, decreases stress, and keeps the financial impact minimum.
Speak To Court Reporters
When deciding how to prepare for and handle a lengthy examination, it’s a good idea to learn as much as possible about the vocabulary and technologies that the reporter will be using. In addition, make it a point to go over the transcripts, video, and other materials gathered during the examination for any errors in recording or labelling.
By following these steps, lawyers can almost always make examinations less stressful for their clients and get to the bottom of the discussion without any exhaustion.
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.