Effectively Navigating Discovery To Avoid Titanic Disaster
Kate Gould, Esq.
January 14, 2026
Once the initial pleadings are exchanged, it is typically full steam ahead to a lengthy discovery phase which can be rather cumbersome depending on the nature of the case. For many litigators, responding to written discovery requests is a task they are more than happy to pass off to a more junior attorney. However, actively engaging in the discovery process is crucial for all lawyers who have an appearance in the case. Why? Senior attorneys must not only properly manage the file to avoid a potential costly claim, but discovery is also where you truly learn about your case. In other words, what your client shared in the initial meeting may only be the tip of the iceberg.
Look out for these common obstacles as you move through the discovery process. By viewing the process of answering Interrogatories and Requests for Production as an opportunity to thoroughly examine the facts of the case, you can facilitate a prompt resolution for your client as well as mitigate the risk of a legal malpractice claim:
Requests for Admissions – An opposing party may send Admissions in an effort to streamline the facts and issues in your case. While I’m no longer in private practice, just referring to Requests for Admissions still sends a chill down my spine because one missed deadline can sink the whole ship. Federal Rule of Civil Procedure 36 – and likely your state’s version of this Rule – requires that Requests for Admissions be answered within thirty days of service, or they are deemed admitted. A matter admitted under this Rule is conclusively established unless the court permits it to be withdrawn or amended. To ensure you do not find yourself in the precarious position of petitioning the court for withdrawal or amendment due to your oversight, calendar this deadline – with a few intermittent reminders – so you or the attorney you delegated this task to timely and sufficiently responds.
Collecting your client’s information for responses – Depending on the client’s sophistication and your relationship with the client, simply sending a copy of the discovery requests and asking them to provide their answers and responsive documents may not be an efficient means of obtaining the accurate information you require. You might need to set up a meeting to go through the Interrogatories or go to their office and physically comb through their files for responsive documents. And, to avoid being surprised at a deposition (“But I thought the old lady dropped it into the ocean at the end?”) or by the opposing party’s discovery responses, you should also make sure you review all your client’s social media platforms so you do not misrepresent the truth of their allegations or fail to produce all records responsive to the document request.
Privilege logs – While not warranted in every case, preparing a privilege Iog can aid in the discovery process by effectively communicating the privilege instead of inappropriately withholding documents without an explanation. Depending on your case, a traditional privilege log in which you provide a detailed description of each document and the claimed privilege may be necessary. To avoid discovery disputes later in the case, confer with opposing counsel to establish privilege log requirements before discovery begins and document those requirements in an electronically stored information (“ESI”) agreement. Not only does this put the respective parties in a better position to efficiently exchange information, but it can also give your client peace of mind to know that privileged documents will be identified. What’s more, it should discourage them from taking matters into their own hands and withholding documents without your knowledge.
Whether you are handling the written discovery responses yourself or assigning their completion to someone else, be sure you are ultimately steering the ship in the discovery process. A case can easily be bogged down in the discovery phase by multiple requests for extensions of time due to a lack of diligence. Only request extensions when necessary. And, by quickly responding to the other side’s discovery requests, you will be better positioned to hold them accountable to staying on task or, if necessary, filing a Motion to Compel, assuming your responses were timely served.
The discovery phase of any case can be tedious, but by successfully navigating the sometimes choppy waters of responding to written discovery requests, you’ll feel like you’re the King of the World!
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