Ask the BattleTested Lawyer: If I Get Sued, What Can They Actually Force Me to Hand Over?

“If someone sues me, what can they actually make me turn over?” A founder asked me this after getting served, picturing a dramatic day in court. I had to tell him the part that decides most cases happens long before trial, in a phase called discovery — and after 20 years litigating, I can tell you it’s where founders get blindsided. Discovery is the legal process where each side is entitled to demand information and documents from the other, and the reach is far wider than people expect. Here’s what that conversation covered.

What is discovery, really?

Discovery is the formal fact-gathering phase of a lawsuit, and it’s where the other side gets to look inside your business. Once a case is filed, the rules entitle each party to request relevant information from the other before any trial happens. That comes in a few standard forms: written questions you must answer under oath (interrogatories), demands to produce documents and records (requests for production), requests that you admit or deny specific facts, and depositions — live, under-oath questioning that gets transcribed. The scope is broad by design. The general standard is relevance to the dispute, which is a much lower bar than “proof,” so a lot of material you’d consider private can be fair game if it relates to what the fight is about.

How far does “documents” actually go?

Much farther than a filing cabinet. In modern litigation, “documents” means electronically stored information — emails, text messages, direct messages, Slack threads, contracts, invoices, spreadsheets, notes, even metadata. If it’s relevant and it exists, it can be requested, and “I’d rather not” is not a valid objection. Founders are routinely surprised that their casual internal messages and offhand emails are exactly the kind of thing the other side asks for first, because that’s where people say what they really meant. The lesson isn’t to communicate less; it’s to communicate as though a stranger’s lawyer might one day read it, because in a dispute, they might.

Is anything actually off-limits?

Some things, but fewer than you’d hope. The most important protection is attorney-client privilege, which generally shields confidential communications between you and your lawyer made to get legal advice. There are other recognized protections too, such as material prepared in anticipation of litigation. But these are specific doctrines with real limits, not a general shield for anything inconvenient — and privilege can be waived, sometimes accidentally, by forwarding a privileged email to the wrong person or looping in someone outside the confidential circle. This is exactly the kind of thing you want to understand before a dispute, not learn about while you’re trying to claw a document back.

What happens if I just delete the bad stuff?

That is one of the worst things you can do, and it deserves a blunt warning. Once you reasonably anticipate litigation, you have a duty to preserve relevant information — a “litigation hold” obligation — and destroying or altering evidence is called spoliation. Deleting the inconvenient emails or wiping the thread doesn’t make your problem disappear; it creates a second, often worse problem, because courts have serious tools to punish it, and a party who destroyed evidence can end up in a far weaker position than if they’d simply produced the bad document. The instinct to clean up is understandable and completely wrong. The moment you smell a lawsuit, the correct move is to preserve everything, not purge it.

How do I keep discovery from wrecking me?

You win discovery years before it starts, by how you run your business. Communicate professionally in writing, keep your contracts and records organized, understand what’s privileged and keep it genuinely confidential, and never treat “nobody will ever see this” as a safe assumption. When a dispute does appear on the horizon, preserve everything and get counsel involved early, because the choices you make in the first days — especially around preservation — shape the entire case. The founders who sail through discovery aren’t the ones with nothing to hide; they’re the ones who built the habit of operating like it might all be read aloud someday.

Bottom line

Discovery is the phase where the other side gets to demand your relevant documents, data, and testimony under oath, and its reach — emails, texts, DMs, records, and live questioning — is far broader than most founders imagine. A narrow set of protections like attorney-client privilege exists, but it’s specific and easy to waive, and deleting inconvenient evidence once you anticipate a suit is spoliation that can sink you worse than the evidence itself. The real defense is built in advance: clean records, professional communications, and knowing what’s protected before you need it. The Contract Library gives you the agreements and records that hold up when the other side goes looking — customized for you, not a generic template — each one built by a 20-year litigator and paired with training. Defense wins championships.

Frequently asked questions

What is discovery in a lawsuit?

The formal fact-gathering phase where each side can demand relevant information from the other before trial — through written questions, document requests, requests to admit facts, and depositions. The standard is relevance, which is a much broader bar than proof.

Can they really get my texts and emails?

Yes. Modern discovery covers electronically stored information — emails, texts, DMs, chat threads, and their metadata. If it’s relevant and it exists, it can be requested, and casual internal messages are often the first thing the other side asks for.

What’s protected from discovery?

A limited set of things, most importantly attorney-client privilege for confidential communications seeking legal advice. But these protections are specific, have limits, and can be waived accidentally — they’re not a general shield for anything inconvenient.

What if I delete evidence before I’m sued?

Don’t. Once you reasonably anticipate litigation you have a duty to preserve relevant information, and destroying it is spoliation — which courts can punish severely, often leaving you worse off than the evidence would have. This is educational information, not legal advice.

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About the Author — Karam Nahas, The BattleTested Lawyer. A 20-year courtroom veteran who has handled over $1 billion in deals and real litigation, Karam founded Legally Bulletproof to give entrepreneurs the same legal defense systems big companies use — without big-law prices.

Ready to lock it down? Visit the Contract Library — every contract comes with the training and a 20-year lawyer inside your business, starting as low as $197, and it’s constantly updated and customized.

Educational content, not legal advice.