Criminal defense attorneys understand the importance of properly handling discovery—how it can set the tone for the case, uncover critical details, and establish a strong foundation for defense. But the reality of a busy practice means that, despite knowing the best practices, thorough discovery management may feel like a luxury that’s impossible to afford.
We understand the problem. Balancing multiple cases, court deadlines, and client needs often leaves little room for the time-consuming task of organizing, analyzing, and cross-referencing large volumes of discovery. Unfortunately, skipping these steps can lead to missed opportunities or overlooked details that could make all the difference in a case.
At Lucid Truth Technologies, we see this challenge all too often, and we’ve developed solutions to help attorneys overcome it efficiently and effectively.
The Reality of Discovery Documents
Prosecutors often send discovery in batches, typically as scanned PDFs that present a host of challenges:
- Missing Pages: Pages may be omitted, whether by accident or oversight.
- Poor Organization: Documents are frequently in no logical order, making it difficult to follow the narrative.
- Illegibility: Scans of scans—or degraded quality due to poor scanner settings—often result in hard-to-read files. This makes performing optical character recognition (OCR) impossible.
While these issues may appear deliberate, as the saying goes, “Never attribute to malice that which is adequately explained by incompetence, but don’t rule out malice entirely.” Whether intentional or not, these hurdles can severely hamper an attorney’s ability to build a robust defense if not addressed early.
Establishing Control: Document Inventory
To maintain control over the discovery process, defense attorneys should take the following steps as soon as materials are received:
- Create an Inventory: Document every file included in the transmittal and note the date it was received.
- Acknowledge Receipt: Send a detailed acknowledgment to the prosecution. This step is invaluable during trial if questions arise about the completeness or timing of discovery.
These foundational steps not only ensure accountability but also set the stage for a more strategic approach to managing the case.
Tracking Provenance and Analyzing Versions
Because discovery often arrives in batches, there may be multiple versions of the same document or duplicative information. A witness statement, for instance, might appear in both a police report and an affidavit—or details in a police report may subtly change between versions.
Tracking the provenance of every document and comparing versions is crucial. Trials have turned on the discovery of key verbiage that was quietly removed or altered in later versions of reports or transcripts. These discrepancies can provide powerful opportunities to challenge the opposition’s evidence or credibility.
Identifying Missing Information
Thorough analysis is not just about what’s provided but also what’s missing. Discovery often references other materials—such as additional reports, subpoenas, photos, or recordings—that haven’t yet been delivered. Identifying these omissions and making targeted follow-up requests signals to the opposition that the defense is prepared and proactive.
The Lucid Truth Difference
At Lucid Truth Technologies, we recognize that many criminal defense attorneys don’t have the resources to handle discovery management with this level of detail across multiple cases. That’s where we come in.
Our team combines advanced processes, proven systems, and cutting-edge technology to:
- Organize and inventory discovery materials.
- Track document versions and identify key differences.
- Analyze the discovery for missing references and follow up for additional materials.
This meticulous approach allows attorneys to focus on strategy and advocacy, while we handle the heavy lifting of document management and analysis.
Discovery is the cornerstone of a strong defense. Let us help you with the task of properly handling criminal discovery. Contact Lucid Truth Technologies today to see how we can support your practice.
