What is spoilation? How may an attorney advise a client to prevent claims of spoilation?
What will be an ideal response?
Spoliation is the destruction of evidence pertaining to litigation. Spoliation may include deleting electronic files or information. The legal team should advise a client to put in place a procedure that will allow the destruction of records in a way that avoids claims of spoilation. Record retention is the practice of retaining documents for a certain period of time.A record retention policy should have a litigation hold policy. The length of time a record is retained may depend on many factors, including: 1 . government regulations; 2 . the need to defend litigation; 3 . reasonable belief in the pendency of litigation. This policy will determine what matters may result in litigation, and what documents related to that litigation should be retained. The attorney has an affirmative duty to instruct the client to cease further action destroying documents and to follow up and verify that the client has followed the instructions.
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Routine paralegal tasks, such as drafting and filing a motion and brief with the court, would involve which of the following ethical responsibilities?
a. The duty of confidentiality b. The duty of competence c. The attorney's duty of adequate supervision d. All of these choices are correct
Is there any additional hardware that should be considered or purchased? Is it different from the list prepared in chapter 3?
What will be an ideal response?
T or F Sanctions imposed for making a frivolousmotion usually take the form of an award of attorney fees.
Answer the following statement true (T) or false (F)
One area of products liability litigation that has been affected by the uncertainty in the preemption doctrine is ____________________ litigation.
Fill in the blank(s) with the appropriate word(s).