How can a company or organization prepare for the e-discovery process even before litigation occurs? What rules have courts created that allow for this step in the process?
What will be an ideal response?
According to the Electronic Discovery Reference Model, the e-discovery process begins with information governance, or document management. This means establishing a coherent policy for creating, storing, and destroying documents. Rule 37 of the federal rules provides a "safe haven" for document destruction where electronic files are lost as a result of "routine, good-faith operation of an electronic information system." As long as documents are routinely destroyed on a regular schedule as part of the ordinary course of business, this destruction will not be penalized.
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a. True b. False Indicate whether the statement is true or false
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Denny Driver has an insurance policy for his car that is like everyone else's insurance policy. It provides that if he is sued as a result of a car accident, the insurance company will provide a lawyer for his defense. Although common, this policy
A) does not create a conflict because the lawyer's loyalty is to Denny (the client) regardless of the fact that the insurance company is paying for the representation. B) does not create a conflict because Denny can choose a lawyer and the insurance company will pay for it. C) creates a conflict of interest because the interests of the insurance company are inherently different from the interests of the insured. D) creates a conflict of interest only if Denny doesn't like the appointed lawyer.