Working with Attorneys

The litigation process (and the “discovery” of the facts)

In order to understand the attorney-client privilege, it is necessary to understand that, when court proceedings are instituted (e.g., when a Plaintiff sues a Defendant alleging some sort of violation such as patent infringement), a process is begun which is termed the “discovery” process.  The discovery process, in a nutshell, is the search for the truth.  It is the search for the truth regarding the law that is applicable to the case at hand, and, even more importantly, it is the search for the truth regarding the facts that led up to the dispute.

As an example, in a lawsuit involving an automobile accident, the discovery process is the process which enables the Plaintiff and Defendant to ask questions of one another, and to compel each other to produce copies of documents, relating to the facts surrounding the dispute.  Thus, both parties will endeavor to determine who witnessed the accident.  If there were no witnesses, then each would request of the other copies of documents relating to the accident site, the repairs made to their respective vehicles, as well as medical records regarding their physical condition both before and after the accident.

As stated hereinabove, this fact gathering process is called “discovery,” and each side gets to demand that the other side cooperate in answering reasonable, relevant questions and in producing copies of relevant documents, memos, and emails.  If either side fails to cooperate in the discovery process, the court can impose sanctions and even render judgment against the uncooperative party.