Discovery Tactics: Lean and Effective Litigation Strategies
Description
Description
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
Details
Paperback: 424 pages; 1st edition (2026); ISBN: 978-1-951962-92-0
Publisher: Trial Guides, LLC
What Legal Leaders Are Saying
— Rick Friedman, past president of Inner Circle of Advocates, coauthor of Rules of the Road, and author of The Way of the Trial Lawyer“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.”
— Nicholas Rowley, coauthor of Trial by Human and Running with the Bulls“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.”
— John Romano, past president of the Florida Justice Association and editor of Anatomy of a Personal Injury Lawsuit“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.”
— Karen Koehler, the Velvet Hammer™“Discovery can be glamorous after all. Love the proactive tips on how to ferret out the truth, even when it’s hidden.”
— Chad Dudley, partner at Dudley DeBosier Injury Lawyers and author of Seven Disciplines for Successful Firms“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.”
— Grant Lawson, Managing Partner of the Wyoming and Colorado offices of The Law Firm for Truck Safety, LLP“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.”
— Benjamin R. Gideon, member of Inner Circle of Advocates, cohost of Elawvate: The Trial Lawyer Podcast“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.”
