Discovery in Family Court is both loved and hated by attorneys and litigants alike. We love it when the discovery we have requested and received leads to information that is helpful to our case. However, we hate the process of gathering information and documents in order to respond to other side’s requests for things we consider private and sometimes, very, very personal. The natural inclination for most litigants subject to these requests is to attempt to hide or, at least, not acknowledge, potentially damaging information when responding. More often than not, the only thing that is damaged (sometimes irreparably) is your, and your attorney’s, credibility.
Every case is different when it comes to discovery. Some cases will only require that you provide written answers (Interrogatories) to a series of questions. Some cases will require you to “Admit” or “Deny”, in writing, a series of statements produced by the other side (Requests to Admit). Some cases will require to you to produce, either electronically or in hard copies, certain records or documents (Requests to Produce). And in many cases, you will be required to do a combination of these or all three.
These documents, oftentimes, become the “story of your case” and will document each side’s claims and allegations within the lawsuit. For example, if you have alleged a change in child support is necessary, your (and the other party’s) most recent pay stubs and bank records could be good reflections of any financial changes since child support was last calculated and ordered. Or, if you are divorcing and you have alleged your spouse has a serious drinking problem, financial documents may help you show the Court that he or she spends a large portion of money on alcohol.
Even if you know the specific documents which “prove” your case, it is important to follow your attorney’s instructions when producing the documents which have been requested. Most requests require ALL of the documents of a certain type be produced within certain time frames or since a specific event occurred, like the “Date of Marriage.” If you only produce the documents which you have determined “prove” your case, you may not be fully complying with the discovery requests and could expose yourself to a Motion to Compel (and possibly the requirement to pay the other side’s attorney’s fees and costs associated with that Motion).
Further, you must provide your attorney with any information or documents which are potentially dangerous to your case. Praying the other side will not find out about them or will not notice they are missing will not help your case in the long run; will destroy your trustworthiness; and could potentially blindside your lawyer in settlement negotiations, during a critical hearing, or even at trial. By sharing this information with your attorney, you can work with him or her to help minimize any potentially negative impacts or embarrassing fall out. Trusting your attorney with this information up front is the only way to safeguard your most important asset in Family Court – your credibility.