Project Management

The Collection Process: Collecting Evidence Or Collecting Sanctions?

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Executive Summary

Documents and other information are central to every legal matter - even for those matters that do not involve litigation. For matters involving litigation (even potential litigation), and extra duty-preservation-is imposed upon the party. Spoliation of evidence, when there is a duty to preserve it, can prompt a court to impose sanctions on you (the attorney) and/or your company. Sanctions are often monetary, but other sanctions include: the striking of pleadings, default judgment, dismissal of the case or an adverse inference.

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