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Subject:
Re: WAS Re: Are scanned documents considered as records? NOW: SHOULD source materials be scanned and what does it entail?
From:
Frederic Grevin <[log in to unmask]>
Reply To:
Records Management Program <[log in to unmask]>
Date:
Wed, 14 Sep 2011 16:01:51 -0400
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Bill commented "The attorney may blame the judge, but I suspect it is the attorney who has the issue.  I would suggest looking for new counsel."

Fred's answer:  That's rarely an option when you are dealing with in-house counsel.

And John Montaņa said "The judge does not have unfettered discretion to admit or not admit as he sees fit. So, if you have a petulant judge that is being difficult and contrary about the admissibility of something, you are at a decision point and have to decide whether or not the controversy and the record in question are worth getting into a fight about. Sometimes they are and sometimes they aren't."

Fred's answer:  again, the attorneys with whom I've discussed simply don't want to get into a fight. Admissibility is not the issue. Getting on a judge's bad side is.

Fred
--------------------------------------
Frederic J. Grevin
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Office: 212-312-3903

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