Judge Pauley Reminds Lawyers Of Their Duty To Verify Client Representations

e-Discovery Team ®

Senior SDNY District Court Judge William Pauley recently reminded the Bar of “the importance of verifying a client’s representations.”Lawrence v. City of N.Y., Case No. 15cv8947 (SDNY, 7/27/18) copy linked. Amen to that! As will be explained, in e-Discovery authenticity of “documents,” which are really nothing more than ephemeral computer files, zeros and ones, is a constant concern. If an electronic document is too good to be true, it may not be. It is important that you question the origin of important evidence, that you ignore popular wisdom and look a gift horse in the mouth.

If it is key electronic evidence, then give it a full dental exam, including especially the metadata. Plaintiff’s counsel in this case failed to do that. He barely glanced at the horse. As a result the case was lost and so was he. He was forced to withdraw and…

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