•  
  •  
 

Abstract

The discoverability of e-mails is an area of law that every modern day lawyer must be familiar with in order to avoid the risk of being sanctioned. Over the past years, courts have awarded sanctions to moving parties at a steadily increasing pace. These sanctions have included adverse jury instructions, default judgements, attorney's fees, large monetary fines, and in one instance, a jail sentence. Courts have sent the message that improper conduct will not be tolerated in this developing area of law by not hesitating to order sanctions. Thus, it is essential that modern day lawyers become acquainted with the e-discovery standards of their jurisdiction and grasp the crucial role that the discovery of e-mails plays in virtually every lawsuit. Technology in the digital era is transforming the way individuals communicate and the way we store information. This note serves as a guide for attorneys on how to properly handle the preservation and discovery of e-mails. Following the framework set forth below will ensure that an attorney diligently and competently represents their client, and will alleviate the risk of being sanctioned.

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.