The explosion of electronic information in litigation has provided lawyers with a variety of new and creative ways to hurt themselves, their cases, their clients and their careers. While it may be true that, at least at the federal level, the thresholds for imposing severe sanctions are rising, this modest cushion has been more than offset by both the fact that there are indisputably more cases that involve hairy discovery issues that invite calamity, and, of course, by the sheer determination of those that face these issues not to learn how to deal with them.
Given the ever-growing breadth of disaster — seriously, there are a lot of ways to get in trouble — we thought it would be helpful to compile into a super-long eBook some of the more common methods practitioners have pursued to ruin clients and risk their livelihoods.
Each example is accompanied by a real-world case and, because we wouldn’t wish these outcomes on our worst enemies, steps you can take to avoid these disastrous results.
Highlights Lowlights include:
- Instructing clients to “clean up” damaging social media posts
- Misunderstanding the basic function of a common cloud platform
- Citing to outdated discovery law
- Producing altered evidence at trial
- Repeatedly disclosing privileged corporate secrets
- Authoring ambiguously worded clawback proposals and more!