Though case law typically suggests otherwise, attorney negligence is the primary cause of negligent spoliation of evidence. With the advent of ediscovery, it became markedly more difficult for attorneys to competently guide their clients through the steps necessary to preserve evidence¾particularly the categories of evidence most likely to help an opponent in a case. Unlike intentional spoliation instigated by an attorney, negligent spoliation is not the product of calculation. If an attorney were to undertake a cost-benefit analysis, negligent spoliation would not be a rational choice. The field of behavioral legal ethics provides insight into other reasons attorneys fail to develop competence in this area. Some attorneys may have a self-i...
The adversarial system requires full discovery as an essential element of a fair and accurate litiga...
For nearly eighty years, courts have offered stirring rhetoric about how prosecutors must not strike...
Although there was no remedy for negligent misrepresentation at common law, and English law apparent...
Typically, a plaintiff in a legal malpractice suit must prove by a preponderance of evidence that bu...
Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering...
This Article proposes that courts should refrain from imposing adverse inference jury instructions a...
The issue of discovery misconduct, specifically as it pertains to the prelitigation duty to preserve...
In July 2014, the Texas Supreme Court issued a new framework for analyzing and remedying the destruc...
Intentional destruction of evidence has become a serious legal problem. Recently, the A.H. Robins Co...
The spoliation of evidence presents special problems in litigation that are often inadequately addre...
(Excerpt) This Note argues against imposing such a rebuttable presumption where the spoliating party...
The law today, it would seem, has become, like most professions and sciences a creature of specializ...
An attorney is not an insurer of the result of a case in which he is employed, without a special con...
Theoretically, a practicing attorney in Ohio must tailor his conduct to meet certain minimum profess...
This Article suggests that fostering the development of attorney responsibility should be the centra...
The adversarial system requires full discovery as an essential element of a fair and accurate litiga...
For nearly eighty years, courts have offered stirring rhetoric about how prosecutors must not strike...
Although there was no remedy for negligent misrepresentation at common law, and English law apparent...
Typically, a plaintiff in a legal malpractice suit must prove by a preponderance of evidence that bu...
Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering...
This Article proposes that courts should refrain from imposing adverse inference jury instructions a...
The issue of discovery misconduct, specifically as it pertains to the prelitigation duty to preserve...
In July 2014, the Texas Supreme Court issued a new framework for analyzing and remedying the destruc...
Intentional destruction of evidence has become a serious legal problem. Recently, the A.H. Robins Co...
The spoliation of evidence presents special problems in litigation that are often inadequately addre...
(Excerpt) This Note argues against imposing such a rebuttable presumption where the spoliating party...
The law today, it would seem, has become, like most professions and sciences a creature of specializ...
An attorney is not an insurer of the result of a case in which he is employed, without a special con...
Theoretically, a practicing attorney in Ohio must tailor his conduct to meet certain minimum profess...
This Article suggests that fostering the development of attorney responsibility should be the centra...
The adversarial system requires full discovery as an essential element of a fair and accurate litiga...
For nearly eighty years, courts have offered stirring rhetoric about how prosecutors must not strike...
Although there was no remedy for negligent misrepresentation at common law, and English law apparent...