Discovery phase_LEG 107- Introduction to Paralegal Studies_ Discussion 5

Discovery phase is critical to litigation because it is the stage in which a paralegal

ascertains facts during a lawsuit process. It is the chief fact-gathering technique in formal

litigation development. Most of the paralegal’s time is spent in the discovery process; they

conduct factual research by obtaining relevant information from valid primary and secondary

sources. Cannon and Aytch (2017) note that through the discovery process, a paralegal narrows

issues down and can determine what avenues to pursue in a case. They gather evidence, hear the

opponent’s strategy, locate and identify witnesses and learn what is to be said before trial. Thus,

each party can assess the other side’s view and therefore, one can know the weaknesses and

strengths of both his case and that of the opponent. Discovery is a crucial phase as the court uses

both sides to gather and collect information regarding a case while preparing for trial. It is useful

because each side gains all the information that is to be presented in court. Hence, it avoids

surprises in courts by promoting fair settlement and preventing hidden assets from either side.

Reference

Cannon, T. A., & Aytch, S. T. (2017). Ethics and Professional Responsibility for Paralegals.

Wolters Kluwer Law & Business.

Response

Hi Shenoah,

A discovery phase is crucial in litigation; it is a method in which paralegals can obtain factual

information to build a case. I agree with you that evidence can be obtained via police reports,

crime scenes, and even from witnesses and this proof can be used during a trial. It is also an

important phase since each side is allowed to assess the other side’s view, this way each party
can learn strengths and weaknesses in the case. Thus, each side is able to prepare for a trial and

surprises are avoided in court.

Ana