Understanding and Avoiding Liability in E-Discovery
Litigation and legal ethics attorneys Leonard Brahin and Trisha Rich co-authored an article for CNA breaking down lawyers' obligations regarding e-discovery and describing sanctions for noncompliance. With fewer paper trails and more digital files, attorneys should take care to ensure documents and electronically stored information (ESI) are adequately investigated and preserved to avoid liability that can harm them and their clients. In their article, Mr. Brahin and Ms. Rich review tools courts can use to impose sanctions, including Federal Rules of Civil Procedure 11, 37 and 56(h), and outline the consequences for not adhering to these standards. The piece offers a cautionary look at vulnerable points in the virtual legal landscape and emphasizes vigilance throughout the discovery process as a lawyer's best defense against liability and sanctions.