Anticipatory Discovery: Predicting Issues in Litigation
By Devin J. Piper & Mary Dalenberg
Young Lawyers Division,
April 2026
Anticipatory discovery is not about expanding the scope of litigation, it is about ensuring your access to relevant evidence, and making sure you have what you need to best advocate for your client. By framing targeted early discovery, and sequencing strategically, counsel can optimize their position and set their case up for fair resolution.
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