Preparation & Explanation of the Discovery Process

In this video, I’ll talk about Examination for Discovery in a disability benefits case. This is where one party's lawyers question the other party. Typically, your Discovery Lawyer will question a representative from the insurance company, and their representative will question you.

Sometimes, only the Plaintiff undergoes this examination. Not every case involves an Examination for Discovery. These sessions can happen before or, more commonly, after a Mediation or Settlement Meeting if no settlement is reached.

Most Examinations for Discovery are conducted virtually using Zoom. If your Discovery is virtual, a Share Lawyers representative will contact you beforehand to introduce you to Zoom and ensure you’re comfortable using it. If you lack the necessary computer hardware, we can provide a device for the day. In-person Discoveries can also be arranged if needed.

You’ll have a meeting with your Discovery Lawyer a couple of weeks before the Discovery date to prepare. Your lawyer will anticipate questions from the opposing counsel and prepare you accordingly. They will also be present during the Discovery to object to any inappropriate or irrelevant questions.

Don't worry—Discoveries aren’t as aggressive as TV shows make it seem. You’re not expected to remember everything. If you don’t know an answer, it’s fine to say so. Don’t make assumptions or guesses. If you don’t understand a question, ask for clarification. Take your time—wait a second or two after the entire question is asked before answering. This ensures thoughtful, accurate responses.

Your Discovery Lawyer will cover all these points and more during your preparation meeting to ensure you feel confident and ready.

If you have any questions about the information provided in this video, please do not hesitate to contact your Client Services Team at Share Lawyers. We would be pleased to help you.