Explain the purpose of a litigation hold, and the duty to preserve evidence
What will be an ideal response?
arises if the party knows or should have known of the possibility of litigation. Preservation may require placing a matter and all documents related to it on litigation hold. This term serves as a red flag to the company and its employees not to destroy or alter any documents related to the dispute, and to save them in their present forms. When litigation is filed, or when there is a reasonable expectation of litigation, the individual or company must cease any activity that will result in the destruction or loss of records. When litigation is actually commenced, counsel must issue a litigation hold letter to the client. Court opinions have held that lawyers have an affirmative duty to follow up with the client to ensure that the litigation hold procedures are implemented and followed. This burden applies to both inside and outside counsel.
You might also like to view...
Which of the following professional organizations agree on a definition of a paralegal?
a. NALA b. NFPA c. ABA d. NALA and ABA e. NFPA and ABA f. NALA and NFPA
Payment of the judgment amount is due within ten days of the verdict.
Answer the following statement true (T) or false (F)
Do you think professionalism is important in the field of court reporting? Why or why not?
What will be an ideal response?
Child support issues arise in which of the following contexts?
A) paternity actions B) divorce actions C) legal separation actions D) all of the above