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Discovery Tactics: Lean and Effective Litigation Strategies

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From the Foreword by Mark Lanier

Discovery work is trial work. This simple truth—one I've emphasized throughout my career—forms the bedrock of effective trial advocacy. Yet too often, discovery is treated as a preliminary chore, a box-checking exercise delegated away from the courtroom lawyer's attention. This book exists to correct that fundamental misconception.

The authors of this volume understand what many practitioners miss: discovery is not preparation for trial; discovery is trial. Every interrogatory answered, every document produced, every deposition taken becomes the evidence that will determine your case's outcome. If you approach discovery without trial perspective—without constantly asking "how will this play before a jury?"—you sacrifice your case before you ever enter the courtroom. [...]

This trial-focused approach aligns with what I call the "Five Critical Tipping Points" of trial: voir dire, opening statement, first witness, closing argument, and jury charge. Discovery shapes every single one of these moments. The themes you'll plant in voir dire? They emerge from discovery. The story you'll tell in opening? Discovery provides its building blocks. Your first witness's credibility? That's established or destroyed in their deposition. Your closing argument's power? It depends on the evidence you secured months earlier in discovery. [...]

What I appreciate most about this book is its practical wisdom. These aren't academics theorizing about discovery—these are trial lawyers who've fought in the trenches, who've faced every evasive tactic, who've learned through hard experience what works and what doesn't. [...]

For young lawyers, this book offers a masterclass in discovery strategy that will save you years of painful learning. For experienced practitioners, it provides systematic approaches to problems you've likely encountered but perhaps haven't fully solved. For all of us, it serves as a reminder that discovery isn't preliminary—it's foundational.

The trial lawyer who masters discovery, who approaches every request and every deposition with trial perspective, who fights for every critical piece of evidence, who refuses to accept evasive responses—that lawyer wins cases. This book shows you how to become that lawyer.

Whether you’re sifting through thousands of pages of documents, answering interrogatories, or fighting discovery abuse, Discovery Tactics offers strategies that will transform your case. Learn from accomplished trial lawyers like Greg Cusimano, David Wenner, Zoe Littlepage, Michael Leizerman, and others as they demonstrate methods you can use to strengthen your litigation. Discover insights and strategies on the following topics and more:

  • Depositions as trial testimony
  • Laying the foundation for trial exhibits
  • Using depositions to limit and exclude testimony
  • Interrogatories
  • Combating discovery abuse
  • Challenging the inevitable slew of objections
  • Flushing out withheld or missing information
  • Asking for sanctions
  • Strategies for written discovery in trucking cases
  • Handling discovery in large document cases
  • Using focus groups during discovery
  • Obtaining expert discovery
  • Taking and defending rule 30(b)(6) depositions
  • Obtaining discovery from government sources
  • Spoliation

Successful discovery is the difference between stumbling through your case and winning. As Lanier writes, “Discovery work is trial work. Read this book, apply its lessons, and watch your results transform.”

Details

Paperback: 424 pages; 1st edition (2026); ISBN: 978-1-951962-92-0

Publisher: Trial Guides, LLC

Table of Contents

Foreword by Mark Lanier

Publisher’s Note

  1. The North Star Discovery Plan: A Purposeful & Dynamic Case Blueprint by Alexander Clem
    1. Developing Your Game Plan from the Beginning
    2. A Purposeful & Dynamic Case Blueprint
    3. Bad Memory, Poor Planning & Inept Execution
    4. The Substance of the North Star Plan
    5. Conclusion
  2. Discovery Work Is Trial Work: Applying Trial Perspective to Discovery by Theresa Bowen Hatch
    1. Litigate Proactively, Not Reactively
    2. Start at the End: Jury Instructions & Verdict form
    3. Depositions Are Trial Testimony
    4. Lay the Foundation for Trial Exhibits
    5. Use Depositions to Limit & Exclude Testimony
  3. Lean Discovery: Less Discovery with Better Results by Aaron Broussard
    1. Defendants Love Discovery
    2. Break All the Rules
    3. What to Do Instead
    4. Targeted Discovery
    5. Be Proactive with Scheduling Orders
    6. Ask Standard Discovery Questions during Depositions
    7. Start Collecting Your Client's Medical Records on Day One
    8. Should You Ever Send Standard Discovery?
    9. A Word About Interrogatories
    10. Use Your Opponent’s Discovery Request Against Them
    11. Know the Law
    12. Unfailing, Systematic, Relentless Follow Up
    13. Email Follow-Up Tools
    14. "Subject To" Objections
    15. Document Review
    16. Lean Discovery Conferences
    17. Motions to Compel
    18. Do Not Accept Anything Important As True
    19. Answering Discovery
    20. Pretend Everything You Write Will Be Read to the Judge or Jury
    21. Standard Lists
    22. Naming & Numbering Sets of Discovery Requests
    23. Depositions
    24. Do Not Use Old Deposition Outlines as a Shortcut to Thinking
    25. Take the Lead on Setting Depositions
    26. Conclusion
  4. Combating Discovery Abuse by Andy Scholl & Lauren Hund
    1. Golden Rule of Discovery
    2. Combat Discovery Abuse Before It Happens
    3. Challenge the Inevitable Slew of Objections
    4. Flushing Out Withheld Information
    5. Flushing Out Missing Information in Medical Negligence Cases
    6. Asking for Sanctions
    7. Conclusion
  5. Strategic Written Discovery in Trucking Cases by Michael Leizerman
    1. Motor Carrier Information—Related Carriers
    2. Federal Motor Carrier Safety Administration Safety Ratings (49 C.F.R. § 385)
    3. Driver Qualification & Employment History
    4. Driver Qualification & Employment History (49 C.F.R. § 391)
    5. Hours of Service & Logbooks (49 C.F.R. § 395)
    6. Electronic Data & Communications
    7. Transportation of the Load
    8. Other Similar Incidents (OSIs)
    9. Truck Driver Medical (49 C.F.R. § 391, Subpart E)
    10. Maintenance (49 C.F.R. § 396)
    11. Safety Policies 
    12. Knowledge of the Crash
    13. Weather
    14. Third-Party Relationships
    15. Using Written Discovery to Find All Theories 
    16. Conclusion
  6. Discovery in Large Document Cases by Zoe Littlepage
    1. First: Put Documents in Order
    2. Find, Hire & Train the Document Team
    3. Build Collections of Hot Documents
    4. Use Documents to Prepare for Depositions
    5. Organize Documents with Software
    6. Educate the Judge with Documents
    7. Freedom of Information Act (FOIA) Requests
    8. Depose the Custodian of Records
    9. Conclusion
  7. The Role of Focus Groups by David A. Wenner & Gregory S. Cusimano
    1. Discovering Jury-Proof Arguments through Focus Groups
    2. Cognitive Psychology & Juror Thinking
    3. The Law of Parsimony & Causation
    4. Case Examples
    5. Discover Winning Trial Stories Through Focus Groups
  8. Obtaining Expert Discovery in a Personal Injury Case by Edward P. Capozzi
    1. Subpoenaing Expert Reports & Documents from a Medical Examination Company
    2. Conclusion
  9. Breaking Through Stonewalling in Corporate Representative Depositions: Lessons from the Trenches by Michael L. Neff
    1. First Battle—Topics Are Particular, Valuable & Appropriate
    2. Second Battle—TheActual Deposition
    3. The Third Battle—Persuading the Judge of Injustice
    4. Conclusion
  10. Practical Advice forTaking & Defending Rule 30(b)(6) Depositions by R. Kyle Busse & David A. Fauria
    1. The Basics
    2. Taking a Rule 30(b)(6) Deposition
    3. Defending a Rule 30(b)(6) Deposition
    4. Conclusion
  11. Discovery from Government Sources by Michael Cowen
    1. Why Seek Information from the Government? 
    2. How to Get Information from the Government
    3. What Information Can I Get Online?
    4. What Can I Get from Public Records Requests?
    5. How Do I Admit Government Documents at Trial?
    6. Strategic Uses of Government Records
    7. Practical Tips for Success
    8. Conclusion
  12. Discovery with Intention: A Formula for New, Clearer, Full-Justice Verdicts by Sean Simpson
    1. Start as Soon as You Take On a New Case
    2. Digging Further to Find Gold to Bring It Home
    3. Being More Tactical in Written Discovery
    4. Expand Your Discovery Mindset to Explore New Strategies
    5. Taking Depositions With More Intention
    6. Lock In Jury Instruction Language 
    7. Lock In Your Fundamental Theme: Safety Is Important
    8. The End Product: Trial Time!
    9. Conclusion
  13. Missing Evidence, Maximum Leverage: A Plaintiff’s Guide to Spoliation by Alex Capozzi
    1. The Problem
    2. The Solution
    3. The Spoliation Doctrine
    4. Duty to Preserve Evidence
    5. Discovery Devices 
    6. The Spoliation Motion
    7. Spoliation Sanctions
    8. Converting Spoliation Into Favorable Settlements & Verdicts

What Legal Leaders Are Saying

“Trying a case without adequate discovery is like trying to build a house on a rotten foundation—there is likely trouble ahead. Trial Guides has assembled an all-star cast of creative, accomplished trial lawyers to explain how they build their ‘foundation.’ Simply stated, this is the best book on pre-trial discovery I have seen. Every litigator and trial lawyer should read it. Period.”

— Rick Friedman, past president of Inner Circle of Advocates, coauthor of Rules of the Road, and author of The Way of the Trial Lawyer

“The most monumental verdicts and settlements have one thing in common: great work by hard working lawyers who took discovery seriously. The verdict or settlement is what most often gets all the attention, but it’s essential that everyone understand that victory is rare without zealous pre trial advocacy and planning/execution of trial focused discovery to make sure that no stone is left unturned. A book about trial-oriented and focused discovery strategies and techniques by accomplished trial lawyers is long overdue. This unprecedented book will change your practice and improve the results you win for the people you serve.”

— Nicholas Rowley, coauthor of Trial by Human and Running with the Bulls

“It has happened: a consortium of authors who have created for trial lawyers across the country a package of visionary tactics and strategies which are guaranteed to have a cataclysmic effect on our law practices. As goes the discovery so goes the the settlement or verdict! This book will rattle your personal ‘think tank’ with new and innovative approaches on every aspect of discovery. These coauthors are not ‘litigation sprinters’ or litigation marathoners’ but rather fit into the category of ‘litigation decathletes.’ They do it all when it comes to discovery. This is a ‘must read,’ ‘must study,’ and ‘must yellow highlight’ treasure trove of what to do and what not to do in discovery. It is one of those lawyer publications which I predict will become one of our professions ‘advocacy Bibles’—something that every plaintiff trial lawyer must have at his or her side.”

— John Romano, past president of the Florida Justice Association and editor of Anatomy of a Personal Injury Lawsuit

“Discovery can be glamorous after all. Love the proactive tips on how to ferret out the truth, even when it’s hidden.”

— Karen Koehler, the Velvet Hammer™

“Professional athletes make their sport look easy, but we don’t see the endless hours of work and preparation that goes into making it look easy. In the same way, great trial attorneys can make it look easy, and we rarely get to see what they do behind the scenes to get there. In Discovery Tactics, we get some incredibly valuable insight into how the top trial lawyers in the country prepare their cases for trial. Put it on your list of must reads, and it will quickly make your list of must reread. I highly recommend it to anyone that wants to get better at building their case in discovery.”

— Chad Dudley, partner at Dudley DeBosier Injury Lawyers and author of Seven Disciplines for Successful Firms

“Trial Guides has put forth a clear and concise playbook for the most important aspects of personal injury litigation written by nationally respected tried-and-true trial lawyers. I recommend this book to anyone litigating personal injury and death cases whether in their first week in practice to fortieth year. The depth and wealth of knowledge and experience shared in this book will help improve your approach for simplifying and amplifying your cases. I’m certain everyone who reads this will find inspiration on dealing with multiple areas of the litigation process.”

— Grant Lawson, Managing Partner of the Wyoming and Colorado offices of The Law Firm for Truck Safety, LLP

“Finally, a non-boring guide to discovery emphasizing creative strategies, out-of-the-box thinking, and practical realities needed to build a case for trial or maximum settlement value. I will be assigning this book as ‘must read and implement immediately’ to every lawyer in my firm.”

— Benjamin R. Gideon, member of Inner Circle of Advocates, cohost of Elawvate: The Trial Lawyer Podcast

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Trial Guides

Discovery Tactics: Lean and Effective Litigation Strategies

$135.00

From the Foreword by Mark Lanier

Discovery work is trial work. This simple truth—one I've emphasized throughout my career—forms the bedrock of effective trial advocacy. Yet too often, discovery is treated as a preliminary chore, a box-checking exercise delegated away from the courtroom lawyer's attention. This book exists to correct that fundamental misconception.

The authors of this volume understand what many practitioners miss: discovery is not preparation for trial; discovery is trial. Every interrogatory answered, every document produced, every deposition taken becomes the evidence that will determine your case's outcome. If you approach discovery without trial perspective—without constantly asking "how will this play before a jury?"—you sacrifice your case before you ever enter the courtroom. [...]

This trial-focused approach aligns with what I call the "Five Critical Tipping Points" of trial: voir dire, opening statement, first witness, closing argument, and jury charge. Discovery shapes every single one of these moments. The themes you'll plant in voir dire? They emerge from discovery. The story you'll tell in opening? Discovery provides its building blocks. Your first witness's credibility? That's established or destroyed in their deposition. Your closing argument's power? It depends on the evidence you secured months earlier in discovery. [...]

What I appreciate most about this book is its practical wisdom. These aren't academics theorizing about discovery—these are trial lawyers who've fought in the trenches, who've faced every evasive tactic, who've learned through hard experience what works and what doesn't. [...]

For young lawyers, this book offers a masterclass in discovery strategy that will save you years of painful learning. For experienced practitioners, it provides systematic approaches to problems you've likely encountered but perhaps haven't fully solved. For all of us, it serves as a reminder that discovery isn't preliminary—it's foundational.

The trial lawyer who masters discovery, who approaches every request and every deposition with trial perspective, who fights for every critical piece of evidence, who refuses to accept evasive responses—that lawyer wins cases. This book shows you how to become that lawyer.

Whether you’re sifting through thousands of pages of documents, answering interrogatories, or fighting discovery abuse, Discovery Tactics offers strategies that will transform your case. Learn from accomplished trial lawyers like Greg Cusimano, David Wenner, Zoe Littlepage, Michael Leizerman, and others as they demonstrate methods you can use to strengthen your litigation. Discover insights and strategies on the following topics and more:

Successful discovery is the difference between stumbling through your case and winning. As Lanier writes, “Discovery work is trial work. Read this book, apply its lessons, and watch your results transform.”

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