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The litigation process – Part two – Building the case
On Behalf of Kevin E. Sralla | June 2, 2022 | Blog
The foundation of every case starts with the gathering and processing of information. This typically involves the attorney reaching out to the other side, or their attorney, to begin a dialogue about where the case is headed and to exchange information informally. It is important for the attorney to know all the facts – even the not-so-favorable ones – so that he does not get blindsided at a hearing or trial.
If still more information is needed, typically for more complex cases, the attorney will engage in a series of discovery tactics aimed at generating answers to questions and the production of documents by the other side. Standard discovery requests include Interrogatories (questions for the other side to answer) and Requests for Production of Documents. Based on the information gathered at the initial consultation, the attorney will send written discovery requests to the other side, which then has 30 days to comply with or object to the requests.
It is possible that the attorney may receive discovery requests from the other side and, in which case, will have to compile documents and frame answers to Interrogatories within the 30-day timeframe. This task, which can be tedious depending on the depth of the discovery requests, often helps the attorney shape the case and fine-tune strategies for trial. The types of documents sought through discovery usually involve bank, school, medical, real estate, phone records, and the like.
Sometimes, a case requires retention of an expert on some subject relevant to the case. This could be a social worker, psychologist, medical doctor, financial analyst or some similar individual who specializes in the subject matter before the Court. Experts typically charge a separate fee and will need to be interviewed and prepared by the attorney for the litigation steps that lay ahead. The expert will also need to personally review all the documentation that pertains to the subject matter of his or her expertise.
Once all the above-referenced information has been exchanged between the two sides of the case, it is time for the attorney to fine-tune and implement the strategy for achieving success. A separate meeting with the client, whether in person or over the phone, to prepare for the next steps is critical at this juncture.
With documents in hand, and a solid strategy in place, it is time for the attorney to roll up his sleeves and go to battle for the client.
Please contact Kevin “Buck” Sralla at (210) 212-5656(210) 212-5656 for a consultation regarding your divorce today.