Blueprint Of A Case

The following outline specifies, in very general terms, the steps that are followed to bring your case to a resolution.  Your case may be resolved at any step.

1. Intake
1. The potential client is interviewed and conflicts checked.  Basic information about the case is gathered and an assessment of whether the case is appropriate for consideration by the office is made.

2. Investigation
1. Documents, information and evidence pertaining to the case are gathered and catalogued.  Witnesses are interviewed.  A site visit is conducted (if applicable).  Research on parties, causes of action, etc. is performed.  In select situations, at the discretion of the attorney, settlement possibilities may be explored with the opposing side prior to filing suit.

3. Initiation
1. A complaint is drafted, filed and served on the opposing party.

4. Discovery
1. Each side has an opportunity to discover information about the case within the framework of discovery rules and dictates of the Court.  Discovery is very time consuming and can be taxing.  Your lawyer depends on you to provide timely, thoughtful responses.  We are aware that discovery is often intrusive, painful and time consuming.  However, we have to comply with the rules so we require your help. 
   
   Discovery is often frustrating to clients because the scope of discovery is very broad and the questions frequently are invasive.  The opposing side is entitled to explore a great deal of information about you, personally, and the individuals involved in your case.  Frequently this information is used to evaluate your veracity, your recall of facts, your history and, ultimately, how you will be perceived by the jury.  While it can be frustrating, discovery is a critical component of your case and your cooperation in every respect is necessary.
   
1. Compulsory production.  Certain court rules require that each side provide the opposing side with documents, evidence, names of witnesses and actors along with certain investigative materials at the outset of the case. This is a compulsory process.
2. Interrogatories:  Each side submits written requests for information to which the opposing party must respond under oath.
3. Request for Production:  Each side submits written requests for documents to which the opposing party must respond under oath.
4. Request for Admission:  Each side submits written requests to admit or deny information to which the opposing party must respond under oath.
5. Depositions:  Recorded, sworn testimony provided through answers to questions posed by attorneys in the case.  Depositions can be recorded by stenographer, video or tape recording.
2. Motion Practice. At any time during the discovery phase and at specific times designated by the Court, the parties may file motions that require articulated legally-researched and supported responses.  This is how lawyers flesh out the issues that will be presented at trial and attempt to obtain a legal advantage.  In some situations the determinations by the Court are immediately appealable and the case will go to an appellate court for resolution of the issue prior to trial.

5. Settlement Exploration (This step is optional, but the Court will inquire regarding reasons for spurning settlement).
   1. Informal settlement discussions may take place with opposing counsel and/or opposing insurance adjusters.  Formal mediations or settlement conferences may be scheduled with a judge or competent mediator to facilitate the process.  Your attorney will assist you in evaluating your case for settlement, but it is your decision whether to accept a settlement.
6.  Trial.  Generally, trials are before a jury.  In select situations, bench trials are appropriate.

7. Appeal (If appropriate).  Either side may appeal a jury’s verdict or certain decisions made by the Judge during trial that affected the outcome.