What is 'Discovery' and What Does it Involve?

Once a case is in the litigation stage, we move into a phase called "discovery." This is the formal, court-supervised process where both sides exchange information and gather the facts and evidence relevant to the case.

This can be the longest and most work-intensive part of the legal process. It requires close collaboration between you and our team. We want to be transparent about what this phase involves so you feel prepared and confident. Our team will guide you through every step.

The Main Components of Discovery

Discovery typically involves three main activities:

1. Written Discovery: We will receive formal written questions (called "Interrogatories") and requests for documents (called "Requests for Production") from the employer’s attorney.  We will share these requests with you along with guidance on how to go about answering the questions. Your role is to provide complete and honest answers and to gather the requested documents, such as emails or pay stubs. We will review the requests with you and help you prepare every answer.
2. Your Deposition: A deposition is a formal, sworn interview where the opposing attorney will ask you questions about your case. We understand this can be a stressful event. Please be assured that we will be by your side the entire time and conduct thorough preparation sessions with you to ensure you know what to expect and feel ready and confident.
3. Discovery into the Employer: Discovery is a two-way street. This is our opportunity to gather critical information from your employer. We will request documents like their internal emails, HR records, and investigation files. We will also take depositions of key people involved, such as managers or decision-makers.

Your Role in Discovery

Your active participation is crucial to building the strongest possible case. Your responsibilities are to be thorough and honest in your responses, responsive to our requests for information and documents, and to trust our proven process for deposition preparation.

While it is a demanding phase, a well-executed discovery process is the foundation of a successful outcome.