All cases are different; not all will require every step outlined here.
- Lawyer and client meet to exchange information
- Documents are gathered, including any counselling records, psychological records, medical records, hospital documents, school records, income and employment information, etc.
- Known witnesses are located and interviewed
- Legal issues such as vicarious liability or insurance coverage are analyzed
The lawyer will:
- Interview the client, counsellors, or physicians, or obtain written reports from them
- Recommend whether a settlement should be negotiated or a lawsuit filed
- Prepare the Statement of Claim
- Review the Statement(s) of Defence
- Prepare and exchange Affidavits of Documents with the other side
- Attend with the client at examinations for discovery (each side is allowed to ask questions about what the other side is going to say at trial; these questions and answers are recorded and typed up into a transcript)
- Conduct discovery examinations of the defendants
- Go to court to argue any pre-trial issues ("motions")
- Go to court for a pre-trial conference
- Prepare for trial and/or settlement before trial
- Prepare the client and witnesses for trial
- Organize the preparation of exhibits for trial
- Organize the preparation of demonstrative exhibits for trial
- Prepare for and attend at mediation and/or settlement discussions
- File briefs and motions with the court to eliminate surprises at trial
- Take the case to trial in front of a judge and/or jury
- Advise the client on issues for appeal