The Client Isn't Always Right
I am really looking forward to the first case of Canadian lawyer e-discovery malpractice. I think I found a couple of candidates - true stories. I will deny every word if subpoenaed.
Client "A" decides to send her lawyer all the "important e-mails" for him to review. Great idea. She opens up a Word document, opens Outlook in another window, then drags individual e-mails INTO the Word document (as embedded .msg files). Lawyer who receives the Word document can't make head or tail of it (after trying to print the document). Lawyer burns the whole mess to a DVD and sends it to the friendly neighbourhood e-discovery service bureau. Reminds me of the mess I made when I was five years old and dropped a scoop of vanilla ice cream off the top of my cone.
Client "B" decides to forward his "important" e-mails to his lawyer, who then dutifully forwards them to me for processing. When my jaw snaps back into position after a few minutes, I pack my things and head home early. Having been on the road since 1992 trying to educate Canadian lawyers about e-discovery, I sometimes wonder why I bother.
Lawyers - please don't let your clients decide how to handle digital evidence. Do your job!
Martin Felsky
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