A no nonsense guide to file collection

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Incomplete and undocumented electronic discovery collections occur every day and the results are costly to both the client and their legal counsel. In the typical litigation, clients expect their attorneys to guide them through the entire process. After all, litigation is what attorneys do for a living. In fact litigation is a burden to clients in that it is both costly and distracts client personnel from the client?s core business. Few would argue that the failure to properly advise a client as to how a file cabinet of documents should be handled in a litigation is potential malpractice. Now that most documents are electronic and the file cabinets are computer networks, the failure to properly advise a client as to how electronic data should be handled in a litigation is potential malpractice in the form of spoliation and missing evidence.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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