At trial, there is what actually happened, and then there is
what you can demonstrate, with admissible evidence, to develop the
record the fact finder will consider to reach a decision. Skilled
trial lawyers use the rules of procedure and evidence to develop
and shape the record with favorable facts and information, and to
block or minimize unfavorable facts and unreliable and inadmissible
information. Control over the trial record is critical. That
control can be won or lost in discovery well before the trial
begins.
A best practice is to develop an early case outline that
includes the anticipated paths and obstacles to and through trial.
This should include a discovery plan that outlines the facts you
need to prove, and those you need to confront. The plan should
include a specific focus on the discovery tools best suited to
address those needs. There is no one-size-fits-all outline because
every case is different, and not all discovery tools are suited for
all
