Monday, December 16, 2013

Scrub A Dub

An attorney whose "lack of experience in electronic discovery" contributed to the violation of a court order to preserve evidence, was publicly reprimanded with conditions by the Massachusetts Supreme Judicial Court.

The attorney was retained to represent a company and an employee in defending civil claims against the employee's former employer. The employee brought a laptop computer that he used at the former employment, transferred files and used a scrubbing program to delete files before returning it.

The employee continued to scrub files from the new employer's computer after the attorney received an e-mail from opposing counsel seeking to to preserve case-related documents. The attorney "took no action and did not advise employee or his employer not to delete relevant files from the...laptop."

He also failed to advise the clients to preserve documents after a court order.

The attorney failed to communicate with his clients and handled the matter incompetently.

We are seeing a trend of these "computer literacy" violation cases. (Mike Frisch)

Bar Discipline & Process | Permalink

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