When a client calls the office and is told their lawyer is away at an "examination", the client may assume the lawyer is furthering their studies. In fact, an examination for discovery is an important part of a litigation case. It is the client who is being examined, not the lawyer.
"Trial by ambush" is not part of our court system. There should be no surprises at trial. As such it is necessary for both litigants to know the details of the other side's case and the evidence they are going to present.
The examination for discovery looks like a meeting between both lawyers and their clients. Usually a full day is set aside for the examination. A court reporter is hired to be present. The examination begins with one lawyer asking questions of the other client, who has either affirmed or sworn to tell the truth when answering. The court reporter will provide a typed transcript of the questions and answers afterwards, and it can be used as evidence in court.
The examination for discovery serves two primary purposes. First, it lets each side get a close look at the other case to assess the merits and prepare responding evidence. Second, when the client is questioned under oath they are confirming their version of the evidence. If they later change their story or a witness contradicts them later, it can negatively affect their credibility at the trial.
One other minor benefit for lawyers is that the examination for discovery is a sort of dress rehearsal for court. At trial during cross-examination a lawyer should never ask a question they don't know the answer to. This lets us plan our questions out in advance. Also, we can test out different cross-examination techniques on the witness to see what will work at trial, and can assess how well our own clients do when being questioned by the other lawyer.
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