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Management :

Talking law N°12 : Discovery begins.

“The voyage of discovery is not in seeking new landscapes but in having new eyes.”
Marcel Proust, French Novelist and Author, 1871-1922

Ben was not looking forward to his meeting with Blaze Masterson. The typically temperamental chef was sure to have a few choice words about the negative article that had appeared earlier in that week in the Worldwide Chronicle. The Litigation Visibility Management Consultant, Sally Valentine, had assured Ben that all was not lost and that they could put together a media strategy that would ease any negative effects, but he wasn’t sure how easy it would be to get his client to stop talking.

Those fears were reinforced shortly after he sat down with Masterson in the elegant dining room of Exquisite. Ben had agreed to meet him at his restaurant. The chef had called Ben’s office to cancel their scheduled meeting because one of his sous chefs had called in sick that morning. The only way Masterson would have time for a meeting would be if they could meet at the restaurant. Ben was actually pleased about the change in venue. He had never been to Exquisite and was anxious to have a look at Austin’s most expensive dining establishment.

Ben was met at the door and led to the dining room by a woman who introduced herself as Lane Dealey. She was the manager of Exquisite and a partner in the business. Blaze and Lane had met in New York where they had both worked for Delilah Montchere, renowned chef and television personality. Delilah was America’s favorite TV chef and was responsible for a true revolution in American culinary habits. She had a weekly show, a monthly magazine and was the author of numerous popular cookbooks. In fact, Delilah was so well known in America that she joined the ranks of the small group of celebrities who go by only one name, like Cher and Elvis. Delilah taught America that fresh food and quality ingredients could make a meal both delicious and healthy. And thanks to Delilah, farmers markets were coming back to the cities and towns, and gourmet supermarkets were popping up all over Middle America.

Lane Dealey went off to get Masterson and left Ben to survey the room. Exquisite’s main dining room was elegant and beautiful. The restaurant was on top of a hill, on the edge of a large forest and the dining room walls were almost entirely glass. The windows stretched from floor to ceiling and were framed by heavy white silk curtains. The view from the dining room was wonderful ; rolling hills covered with oak trees and in the distance the blue waters of Lake Travis. The tables were draped in white linen and the floor carpeted in a thick moss green. The effect was both peaceful and inspiring.

Blaze Masterson walked out of the kitchen wiping his hands on a kitchen towel that he then tucked into his pocket. He smiled when he saw Ben, “I bet you didn’t expect to read about your favorite client in the Worldwide Chronicle. I sure didn’t expect that guy to make me look like such a prima donna. He seemed so nice on the phone.”

“There’s no need to worry Blaze. I’ve hired an expert that will help us steer the press in the right direction. Her name is Sally Valentine. If you get any more calls from reporters, you need to refer them to Sally.

“Ben, I understand how the press works. I don’t need an expert to help me get my name in the paper,” Masterson responded. “And I am always suspicious of lawyers and their clients who say ‘No comment.’ My father always taught me that there is no such thing as bad publicity, as long as they spell your name right.”

“Well, the only thing the guy got right was your name. We don’t want any more stories that make you seem un-American. I’m not saying you can’t talk to reporters Blaze, but Sally will help us put together a strategy to try and ensure that the reporter includes our side of the story.” Ben continued, “We are about to start a very important phase of the lawsuit. The discovery process can make a big difference in whether we win or lose the case.”

Ben went on to explain the basics of discovery to Blaze. The filing of a petition is just the beginning of the path toward trial. The longest and often the most expensive part of the American judicial process is discovery. During this phase the parties have the opportunity to ask each other questions to determine or “discover” all of the information in the hands of the opposition.

Each side of a lawsuit can use one or all of the following discovery methods :

Interrogatories - written questions can be sent to the opposing party to be answered under oath.

Requests for Production - a request that the opposing party provide copies of written documents that may prove or disprove any fact in the case.

Depositions - A party to the lawsuit can demand that any other party or witness appear at a particular time and place to answer questions under oath. A special stenographer called a Court Reporter will ordinarily write down the questions and answers. At a deposition all attorneys in the case can ask questions of the deponent.

The Judge monitors compliance by the attorneys and parties and can punish violations of the discovery rules. Punishment for noncompliance with a proper discovery request can result in fines, or possibly the inability to use evidence in court. Thus, mistakes or failures in the discovery process can result in weakening or even ruining a case before it even gets to court.

Blaze was surprised to find out how much he could be forced to hand over to the enemy. “But we can do the same thing and ask them for everything they have. I would love to know if they have ever sold a black Perigord truffle to anyone at the price they advertise.”

“We will ask them that and a lot of other questions. But we can’t afford want to make critical mistakes at this point, Blaze. That includes saying the wrong thing to a reporter.” Ben warned.

“I get your point. I’ll check with you before I shoot my mouth off again,” Blaze promised. “You’re the expert.

***

Venue : (here it means location but it also has the following legal meaning) 1. The proper or possible place for a lawsuit to proceed usually because the place has some connection either with the events that gave rise to the lawsuit or with the plaintiff or the defendant. 2. The county or territory over which a trial court has jurisdiction. Black’s Law Dictionary Eight Edition 2004

Discovery : 1. The act or process of finding or learning something that was previously unknown. 2. Compulsory disclosure at a party’s request, of information, that relates to the litigation. Black’s Law Dictionary Eight Edition 2004

Parties : One by or against whom a lawsuit is brought. Black’s Law Dictionary Eight Edition 2004

Under oath : 1. A solemn declaration, accompanied by a swearing to God or a revered person or thing, that one’s statement is true or that one will be bound to a promise. 2. A statement or promise made by such a declaration. 3. A form of words used for such a declaration. 4. A formal declaration made solemn without a swearing to God or a revered person of thing ; an affirmation. Black’s Law Dictionary Eight Edition 2004

Deponent : 1. One who testifies by deposition. 2. A witness who gives written testimony for later use in court. Black’s Law Dictionary Eight Edition 2004