Spoliation stinks; destruction of evidence calls for a strong response

Article Abstract:

That spoliation of evidence qualifies as obstruction of justice and is an indictable offense is described. Judges can order lawyers suspected of spoliation removed from a case.

Author: McElhaney, James W.

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The counter-attack; other side's surprise can put you on the defensive

Article Abstract:

The problem of spoliation of evidence is discussed, and the best time to handle this can be in a pretrial conference discussing how discovery is progressing. The judge is likely to have such a bad impression of the defendant's conduct that he will put him in a hopeless position.

Author: McElhaney, James W.

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'How I solved my evidence problem.'

Article Abstract:

The proof lies in the evidence, and arguments between opposing sides over the admissibility of evidence are the ongoing element in most trials. The rules relating to the admissibility of evidence have grown more complex over the years, and trial lawyers trade strategies about evidence problems whenever they get together. Five from different specialties, domestic relations law, personal injury defense, commercial litigation, criminal law, and plaintiff personal injury do so here.

Author: McElhaney, James W.

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Subjects list: United States, Management, Ethical aspects, Trial practice, Evidence (Law)
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