Saturday, June 30, 2007

E-Discovery Should Work Both Ways

E-discovery rule changes are a harassment tool by plaintiff and prosecutor. Their cost alone is a lawyer tool to crush the defendant, and impose a settlement, no matter the merit of the case. The embarrassing nature of irrelevant material, is a lawyer bonus.

The lawyer demands candor and self-reporting by parties. He learned this trick from Stalin. Meanwhile, the lawyer keeps self-dealt, lawyer privileges of secrecy for himself.

Defendants should naturally demand thorough e-discovery of all adverse parties, plaintiff, plaintiff lawyer, prosecutor, regulator, judge, jury (during voir dire). We do not mean the official work computer material only. Personal home computers should be demanded. If refused, motions for dismissal and sanctions should follow. Defendants should do their own internet research on each of these adversaries. Embarrassing material and costliness should be used to crush all the adversaries, as they seek to crush the defendant. Online credit card research and phone records, phone pictures, the works, have forensics rummage around. If any file is erased, it may represent a cover up, and procedurally exploited.

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