The discovery session provides the opposing lawyers with a means for sharing the evidentiary material.
Various men and women get deposed during discovery.
Each of them must answer the questions that are posed to them by the lawyers for the opposing parties. Some of the people deposed were present at the time of the accident. Some of them were involved in the investigations that took place following that same incident.
A few of them could be businesses that would be able to explain the expected method of operation for the sort of business that the defendant had chosen to run. On occasion, the attorney’s questions get directed towards someone that has acquired useful knowledge on a certain issue.
Regulations on lawyers’ questions during discovery
At no point should any attorney ask a question that does not touch on some topic that is relevant to the client’s case. Still, any inquiry that could relate to the background of either party or to the client’s medical history should be allowed.
No attorney has the right to seek disclosure of information that has come from a confidential conversation. That would include conversations between a husband and wife, between a student and teacher, between a lawyer and client, and between a doctor and patient.
At this point, members of the legal community continue to debate certain details, with respect to what can be shared from other conversations. For instance, the legal community has stated that any conversation between a religious advisor and the advisee should be viewed as confidential.
Does that word “advisor” refer to just one person? Suppose a member of the Baha’i Faith, where there are no clergy, had chosen to consult with the Local Spiritual Assembly. Would that qualify as a confidential conversation?
Another issue that relates to what information can be disclosed during discovery concerns the topic of privacy. The legal community is in the process of laying down the rules, regarding how to respect the privacy of others, and still go after useful information.
Should every private conversation get labeled as confidential? If not, then which of them could be viewed as confidential? Those are the sorts of questions that still do not have a definite answer.
Why are lawyers’ intent on obtaining an answer?
Judges do not like to discover that one team of lawyers has gained access to evidence that has not been shared with those on the opposing side. A trial runs more smoothly, when both sides have enjoyed access to the same pieces of evidence. Judges prefer a smooth-running trial. For that reason, every Personal Injury Lawyer in Fort Erie wants to be clear on what facts can be revealed by witnesses, and what facts should remain confidential.