If you’re involved in commercial litigation in Manhattan, your case will proceed through several phases. One crucial phase of your case is discovery, where your legal team and the other parties will exchange evidence and file motions to shape a potential court battle. This phase can make or break your case, so it’s vital to know what to expect and to work with a capable Manhattan business litigation lawyer.
What Happens During Discovery in Business Litigation?
During the discovery phase of a business litigation case, both sides gather and exchange information to build their arguments and prepare for trial. This process allows each party to understand the strengths and weaknesses of the case before stepping into the courtroom. The information exchanged during discovery can also help both sides reach a pre-trial settlement to avoid the time, expense, and unpredictable nature of a court case.
One typical step during discovery is for both sides to exchange interrogatories, which are written questions that must be answered under oath. In many cases, discovery in business litigation also includes requests for documents related to the running of the business, such as contracts, financial records, emails, and internal communications. These documents help clarify business dealings, financial transactions, and key decisions relevant to the case. Depositions are another critical part of discovery, where attorneys question business owners, employees, or other witnesses under oath. These interviews are recorded and can be used as evidence later.
In complex business disputes, expert witnesses—such as accountants, industry analysts, or valuation experts—may give testimony to provide their professional opinion on financial losses, contract terms, or industry standards. Throughout discovery, attorneys may also file motions to challenge evidence or request additional information. While discovery can take months to complete, it is a vital step in making sure both sides have the information to argue their case effectively should the case proceed to trial.
Why Discovery Matters in Business Litigation
Discovery is a crucial step in business litigation because it allows both sides to gather facts to support their claims and defenses. By exchanging key documents, financial records, and witness testimony, each party gains a clearer picture of the case. This process helps attorneys assess the strengths and weaknesses of their arguments and determine the best legal strategy moving forward.
Discovery can also encourage a settlement before a case goes to trial. Once both sides see the evidence, they may realize that reaching an agreement is better than the risk and expense of a courtroom trial. If one party has a particularly strong case, the other may be more willing to negotiate rather than face a likely loss in court. Additionally, discovery helps prevent surprises at trial by helping to ensure that all relevant information is disclosed in advance. This step makes business litigation more predictable and promotes fairer outcomes.
How a Business Litigation Lawyer Can Help You Prepare for Discovery
At Levy Goldenberg LLP, we use our decades of experience and in-depth knowledge of business litigation to guide you through the discovery process. We’re here to protect your interests and strengthen your case. To start, we can gather the right documents and make sure that all requested records are complete and legally compliant. If the opposing party demands excessive or irrelevant information, we can push back to prevent unnecessary disclosures that could harm your business.
We can also prepare you for and be with you during any depositions. We can prep you and your employees by reviewing potential questions and coaching you on responding clearly and confidently. If your case needs expert witnesses, we can find professionals who can support your case with solid analysis.
Finally, we can monitor the opposing side’s tactics throughout the process and challenge any improper requests. Our goal is to make the legal process as smooth as possible while strengthening your business’s legal position.
Contact Our Manhattan Business Litigation Attorneys Now
Attempting to handle your business dispute without professional legal help could be disastrous for you and your business. Let Levy Goldenburg LLP guide you through the legal process, including discovery, while protecting your interests and building a persuasive case. Call now or complete our contact form for a consultation.