By Robert Wenzel
When a lawsuit is initiated, there are several things that both sides need to consider. One of the primary factors that needs to be taken into account is the discovery process, which deals with getting documents and information regarding the allegations within the complaint.
However, one challenge that both parties face is how to get pertinent information for the client in a timely matter. One method that is often overlooked but can be used for procuring information is the pre-investigation method.
When an attorney makes the decision to use pre-investigation techniques, there are a number of different places that one could look to get discovery information. One way that a lawyer could get information is from public records, which are accessible in a number of different forms. Depending on what information is needed or required, an individual could gain public records from a local city hall, county hall of records or from a courthouse. The main issue with getting public records this way would be there might be some privacy-related issues that are involved with getting the required information.
Another method that a lawyer could use in the pre-investigation period is through internet data bases, such as Bing or Google. Going online is a very quick way to procure any necessary information that may benefit a client. In addition, information found on the internet can sometimes be located at a small percentage of the cost of traditional discovery techniques.
Furthermore, one technique that a person may employ during the pre-investigation time frame is by inspecting physical objects or public places. Performing an inspection can allow an individual to see the location (or one of the locations) in question and find any information that may be overlooked during a traditional form of discovery, such as a deposition.
A final method that someone could use during the pre-investigation period is through interviews of individual witnesses who are not a party to the action. Discussing the events with these individuals can provide a non-biased opinion of the events in question and can help determine who may be at fault in the action as well as what may have truly happened. The drawback to performing an interview with a neutral person is that a permit or subpoena may be required to speak with the individual. Without the required permission, the interview may not be allowed as evidence if the case were to go to trial.
Whenever a party uses pre-discovery techniques, there are many different factors that must be considered. One thing that needs to be evaluated is the cost. Using pre-discovery methods can save the client and company money, which would help to keep the costs of any case lower than what it would be otherwise. In addition, pre-discovery can also help the parties get information quickly. At the same time, pre-discovery can be useful as these types of investigations are not subject to the constraints of traditional discovery methods and may even yield information that one of the sides is not even aware of.
However, there are some potential drawbacks to pre-discovery. A potential problem is that the information that one party or person finds could be done illegally (even if it is inadvertent). This would result in the evidence being rejected at trial and potential sanctions for one or multiple parties involved. Furthermore, the information revealed during the pre-investigation phase may not actually be applicable to the case or lawsuit at hand.
When an individual or company is thinking about using pre-investigation techniques or has questions regarding what methods of pre-investigation to use, it can be very useful to speak with a business attorney. Doing so will allow the person to get a better idea of their responsibilities and how to get the most information. At the same time, a lawyer can advise the client what risks would be associated with using the pre-discovery method. Speaking with someone who is familiar with the law and procuring information can help a party make an informed decision as to how to implement their pre-discovery process.