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.”