There is increased interest in electronic evidence and its scope shrouds a duty to preserve electronic evidence and the various consequences for not doing so. In this module you will explore your lawyer duties to preserve the evidence and preview the possible sanctions for violating them.

"We must become much more efficient and more clever in the ways we find new sources of data, mine information from the new and old, generate information, make it available for analysis, convert it to knowledge, and create actionable options."
Admiral John Poindexter **
Former Director, Information Awareness Office.

This learning module is divided into Parts A and B and spans a two (2) week period.

PART A

To Do :

Read "Prelude" to preserving the evidence.

Review "Managing Electronic Information: What to Do Before
the Lawsuit Comes" by Laurie A. Weiss.
This set of slides will refresh your recollection on basic computer forensics from Module 1 and give you new information to further your understanding of the complex issues in electronic discovery.

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There can be no sanction for the destruction of evidence unless there is an obligation to preserve that evidence.

About "the duty to preserve" :

1. What is it?
2. What is its source?
3. When does it arise ?
4. What does it include?
5. What are the consequences for violations? [This will be explored in the next learning module.]
   

Read all the materials that follow and synthesize your understanding to answer questions 1-4 above (question 5 will be explored in a separate learning module). Email your answers to jlcarrol@samford.edu with subject line = duty answers

You are encouraged to discuss your understanding with others.

Electronic Discovery: Relevant Case Law for the Non-Lawyer
Powerpoint presentation by Kenneth J. Withers
Pay particular attention to Slides 23 et. seq. that discuss Zubulake.

Zubulake v. UBS Warburg LLC

Executive Summary to the ABA Civil Discovery Standards

ABA Civil Discovery Standards

This part must be completed by Saturday, October 1, 2005.

Go to Part B