These proactive steps can be taken to better position an in-house lawyer and his/her company for discovery in a litigation matter.
Perhaps no part of the litigation process presents a greater opportunity to make or break a case as the discovery phase. Discovery is often where a company can establish or ruin its credibility before a court. Thus, discovery in any one case has the ability to impact multiple legal matters for a company.
Even in-house attorneys and companies knowledgeable about the rules and processes surrounding discovery can find themselves in a difficult situation when faced with an opponent who is determined to use discovery as a weapon, forcing the company to operate in a constant state of reaction. This is especially true in the current information age, where electronic forms of information have largely replaced paper, and where the volume of discoverable material has grown exponentially.
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