Managing Discovery For Optimum Results

In the world of complex commercial litigation, discovery is often the part of the case that is not only the most time consuming, but may also the most critical.

Magleby Cataxinos & Greenwood, is a Salt Lake City law firm that is devoted to complex civil litigation involving trademark, trade secrets, computer code, copyright, and high-stakes business litigation. Management of the discovery process can be the key to a successful outcome.

Expedited Discovery

The firm's lawyers start at the end point, asking what will be needed to tell a jury at the end of a case. What core bits of information are needed? Is it possible to target the necessary information and secure it immediately? At Magleby Cataxinos & Greenwood, the trial strategy drives the discovery, and, in the end, may save costs.

An expedited discovery will seek to preserve information that the other side may not want revealed. The firm can image computers or use sanctions and other means to preserve computer data and other critical information.

"We've seen it all, including procedural maneuvering to hide the truth, delay the case, and, in rare cases, parties that hide or destroy evidence. We had one partnership dispute where the court ordered depositions to take place in the courthouse, because of the alleged threats between the parties, but that's just part of the deal in some of these cases. We won that one, by the way." — Attorney James Magleby

Resisting Discovery

The firm also seeks to resist discovery in appropriate cases, especially in instances where the discovery is simply a maneuver to drag out a case, wear down the client, and increase costs in hopes of forcing a settlement. When opposing counsel goes too far with discovery, the firm works to get discovery halted and prepare liens for depositions. The firm has uncovered false testimony and has successfully obtained adverse instructions to the jury in cases where the opposing counsel has acted inappropriately during discovery.

The firm also makes a significant effort to prepare clients for discovery. Clients should understand their document retention obligations, how to be clear and precise, and how the choice of wording may have an impact during the trial. The firm works to obtain the discovery that is needed while making certain that the opposing side does not take too much.

Contact An Attorney Today

To discuss a legal issue related to intellectual property, business tort, fraud or any complex civil litigation matter in Utah, please either call 801-359-9000 locally or 866-928-7962 toll free, or contact the firm via e-mail.