Data Policy Saves In Litigation


Not until I became a litigator did I realize what “a stitch in time saves nine” really means. All too often, clients wind up incurring significant legal fees defending avoidable lawsuits. I have handled cases in which simply documenting a conversation could have avoided tens of thousands of dollars in legal fees.

Lawyers are seeing the adage come into play frequently in e-discovery, the process by which parties in litigation discover and exchange electronically stored information. Unfortunately, many companies, while they have heard of e-discovery, are not sure what it means or how it affects them. When these companies are in litigation, they’re content to ask the employee involved to look through his in-box, sent, and deleted items and print out what seems relevant. The employee might even run a few word searches to find relevant information.

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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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