Formal Discovery – Process / Workflow for Client Communication

This workflow should only be used for FORMAL DISCOVERY. For INFORMAL DISCOVERY, see: https://theintervenors.com/knowledge-base/informal-discovery-process-workflow-for-client-communication/

As part of ongoing concerns regarding client’s not providing us full and complete discovery responses, we developed a protocol/timeline to be used, which can be viewed here: Full Discovery Communication Process

Here is a very brief overview, but please refer to the above referenced document for full information:

Discovery Communication Timeline for Paralegals 

Day 0: Steps to Begin the Process 

• Initiate the workflow called “FLD Discovery.” NOTE: to copy and paste message templates, you have to view it in the full task list, not the case task list.  
• Upload and Share Interrogatories and RPDs via MyCase 
• Upload and Share Discovery Information for Client via MyCase 
• Send a message to client to review uploaded docs and schedule a call (15 min to 1 hr) to walk through the process within the next few days, the sooner the better. If needed, send a text to client to alert them that there is a message they need to review.  
• Draft the skeleton of the responses 

Day 1-3: First Call 

• Required initial call with client to discuss the discovery process. Pull up the Discovery Skelton to fill in or type notes as needed. Also pull up the Discovery Information for Clients and use the tips section for talking points.   
• Walk through each one of the discovery requests (RPD & Interr) 
• Put in any relevant info/notes into the response skeleton as you go through the requests 

Day 3-7: Drafting steps 

• Upload discovery requests from OPA to Business Chat GPT and have it create an excel checklist of documents and interrogatories. Example: 2025-05-28 GPT RPD Sample Discovery Tracker.csv 

 Day 7:  Follow up with client 

• If no submissions are received or only partial submissions are received, send friendly reminder. 

Day 14: Second Follow-Up 

• Share a reduced checklist and reference specific documents still needed. 
• Example: Client_Document_Checklist.docx 
• If no progress, send a firmer reminder. 
• If client is submitting incorrect or incomplete items use the sample docs to help explain what exactly is needed 

Day 21: Third Follow Up & Escalation Notice 

• Call the client to discuss status of responses and identify barriers  
• Note potential impact of non-compliance. 
• Offer a chance to sign ROI but explain costs associated. 
• Set up a call with the attorney on Day 24 if few or no documents are received 

Day 24: Escalate to Attorney 

• Message from attorney if there are significant gaps or lack of follow-through from client. Address potential consequences (motion to compel, fees) and possible request for extension from OPA. 
• Attorney to call client if few or no responses have been provided. Discuss potential consequences (motion to compel, fees) and possible request for extension from OPA. 

Day 28 – Discuss Strategy with Attorney 

• If no response, discuss withdrawal with attorney and set a deadline. If withdrawal is needed, attorney is to communicate this deadline to the client and paralegal to draft withdrawal documents. 

Other Referenced Documents

Discovery Information for Client – This document will be shared with every client at the same time the requests from OPA are shared. It is also a good guide of things to discuss on the initial call you have with the clients about discovery.

Client Document Checklist– (SAMPLE ONLY) This type of document may be used when Clients have provided some, but not all of the documents OR clients are claiming to have provided everything but haven’t. Essentially, this is a simplified list of exactly what they need to produce or info they need to provide.

Discovery Tracker – (SAMPLE ONLY) This is a sample of a tracker to clearly and easily delineate what we have received and what we still need. Here is a prompt for
ChatGPT to create this

Hi Chat, I need to create a spreadsheet for keeping track of our clients’ discovery responses. I’m going to upload a Request for Production of Documents, and I’d like you to create a list of items needed for each request. Each request will actually contain more than one request. I’d like you to parse out each and every item that is requested and label them with a letter, such as 1a, 1b, 1c, or 2a, 2b, 2c, 2d, etc. Each request may have 10-20 different items, and all of them need to be listed. To organize the spreadsheet, start with the request number and sub-letter in column A. Column B should be a brief description of the requested item. Column C should be the date range requested.  

• • Column A: Response number and subletter 
  • Column B: Item description 
  • Column C: Date range requested 
  • Column D: Received (indicate what months) 
  • Column E: Not Received (indicate what months) 
  • Column F: Not applicable (describe reasons for partially non applicable items such as account closed or opened dates) 
  • Column G: Notes for follow up 

Financial Documents Samples – For clients who are struggling to send in the right documents, you can provide samples from this folder: 12. Sample Financial Documents for Discovery