In business litigation disputes, the testimony of the witnesses is frequently not the most important evidence offered at trial. What is? The parties’ documents. The documents usually tell the tale – and they do it in a way that is generally more credible than a witness’ trial testimony.
Nowadays, the documents that are offered at trial are text messages, emails, spreadsheets, financial records, etc. In order for me to evaluate a claim or defense raised, or being evaluated to be raised, it is essential to examine the documents in the case. Ultimately, I will use the documents to establish my client’s position, corroborate its contentions, and rebut or impeach the contentions of my client’s adversary.
The documents tell the tale. Get them at the outset of the representation and make sure you absorb their significance before you take any positions in a case.