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Records Management Program <[log in to unmask]>
Wed, 30 May 2018 20:41:26 -0500
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While sanctions for spoliating evidence were initially a shield to be used
by parties prejudiced by the destruction of evidence, recently plaintiff's
attorneys are using such spoliation sanctions more as a sword to maintain
or even revive an otherwise a weak case.� It is a common practice now for
attorneys to send businesses "preservation letters" before defense counsel
gets involved and then later using the failure to preserve evidence as a
basis to maintain a potentially frivolous claim by arguing that defendant's
failure to preserve some piece of evidence has prevented the plaintiff from
proving their case.� The duty to preserve begins when litigation is
reasonably foreseeable. As soon as a potential claim is identified, a
litigant is under a duty to preserve evidence that it knows or reasonably
should know is relevant to the action. Because a potential claim may be
identified in prelitigation correspondence, the duty to preserve may start
months or even years before a complaint is filed

Dallas, Tx
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