Paralegals, legal assistants and other legal staff often spend much of their time working on civil discovery - gathering and disclosing information before trial. This seminar will teach the fundamentals of discovery in a practical way. The seminar will also help more experienced legal staff learn new skills and polish their existing skills.
Participants will learn about practical considerations in developing a discovery plan, obtaining data and documents, production of documents, writing and answering written questions ('interrogatories'), helping lawyers prepare to take depositions, outlining deposition transcripts, scheduling and calendaring discovery and techniques and tools that will make your discovery count.
- Developing and implementing a discovery plan
- Making your discovery count
9:00 a.m. - 11:00 a.m.
I. Developing And Implementing A
A. Developing A Discovery Plan: Practical Considerations
1. Discovery Timetable
2. 'Goals' Of Discovery
3. Utilizing A Tickler/Diary System
4. Your Role In The Discovery Process – Ethical Considerations And Confidentiality Issues
B. Obtaining Data And Documents From Opposing Parties
1. Requests For Production
a. Drafting Requests For Production
b. A Word About 'Form' Requests
2. Motions To Inspect
3. Motions For Physical Or Mental Examination
4. Motions To Compel Production
C. Obtaining Data And Documents From Non-Parties And Other Sources
1. Types Of Records Available
2. Obtaining Records Via Non-Party Subpoenas
3. Public Records
4. Court Orders
6. Computer Databases And Electronic Research
7. Interviewing Witnesses
D. Production Of Documents
1. Gathering And Organizing Documents For Production
2. Making And Preserving Objections
3. Motions To Quash
4. Preparing Of A Privilege Log
5. Redacting Documents Or Portions Of Documents
6. Ethical Considerations: Preserving And Disclosing Documents
E. Questions And Answers
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:15 p.m.
A. Using Form Interrogatories
B. Writing Interrogatories
C. Getting Information From Clients
D. Objecting To Interrogatories
E. Writing Answers To Interrogatories
F. Compiling Information Prepared On Computers
G. A Word About Requests For Admissions
H. Ethics Issues
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
A. Scheduling, Rescheduling And Noticing Depositions
B. Gathering Documents For Depositions
C. Getting Other Information For Depositions
D. Summarizing Depositions
E. Searching Deposition Transcripts On Computer
F. Ethics Issues
G. Questions And Answers
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 4:30 p.m.
IV. Making Your Discovery Count
A. Nature Of The Problem
B. The Value Of Strategic Discovery
C. Where Do I Start And How Do I Know Where To Go?
D. Roles Of The Staff In The Discovery Process
E. Efficient Use Of Traditional Discovery Tools
F. Non-Traditional Discovery Techniques
G. Often Overlooked Tips
H. Ethical Considerations
I. Questions And Answers